Alan Berkowitz

Oct 25, 2023 | jdsupra.com | Alan Berkowitz |J. Ian Downes |Jeffrey Rubin

Key Takeaways In considering whether two entities should be considered a “single employer” for purposes of the WARN Act, the Fifth Circuit concluded that “the question of de facto control is of such importance that liability might be warranted even in absence of the other factors.” The Court found that the instant case—which involved the closure of a steel mill in advance of a bankruptcy filing without advance notice to employees—was one in which the exercise of de facto control alone could...