California Employment Law Update

Tag Archives: layoff

Grocery Workers Must Be Given Preferential Treatment Following a “Change In Control” (AB 359)

Following a change in control (a sale, transfer or other disposition) of a supermarket or other grocery establishment, the successor grocery employer will be required to maintain a preferential hiring list of eligible grocery workers composed of former employees of the selling entity. The successor employer shall hire from the preferential hiring list for the … Continue Reading

Employer Bears Burden Of Showing Reasonableness Of Layoff Criteria In Age Discrimination Case

Meacham v. Knolls Atomic Power Lab., 554 U.S. 84, 128 S. Ct. 2395 (2008) When the United States government ordered Knolls (one of the contractors that maintains the nation’s fleet of nuclear-powered warships) to reduce its workforce, the company conducted an involuntary reduction in force, resulting in the layoff of 31 employees, 30 of whom … Continue Reading

Site Of Employment For Purposes Of WARN Act Is The Actual Work Site, Not Company Headquarters

Bader v. Northern Line Layers, Inc., 503 F.3d 813 (9th Cir. 2007) The Worker Adjustment and Retraining Notification Act (“WARN”) requires employers to give employees at least 60 days’ notice in the event of a plant closing or mass layoff at a “single site of employment.” The issue in this case was whether the site of … Continue Reading

Employees Who Were Transferred From One Employer To Another Were Not “Laid Off” Under Cal-WARN Act

MacIsaac v. Waste Mgmt. Collection & Recycling, Inc., 134 Cal. App. 4th 1076 (2005) North Bay Disposal Corporation purchased from Empire Waste Management a contract to provide waste disposal services to the City of Santa Rosa. As part of the agreement, Empire Waste transferred to North Bay one mechanic and 41 garbage truck drivers who … Continue Reading

Parent And Subsidiary Corporations Were A Single Employer For Purposes Of WARN Act

Childress v. Darby Lumber, Inc., 357 F.3d 1000 (9th Cir. 2004) Darby Lumber, Inc. (DLI) operated as a lumber mill and manufactured, marketed, and sold finished lumber. DLI owned 100 percent of the stock of Bob Russell Construction (BRC). During the 12 months prior to BRC’s closure, DLI employed 88 employees, each with more than … Continue Reading
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