News & Publications

Marc Mandelman’s WARN Act Analysis Showcased in General Counsel News

General Counsel News

Marc A. Mandelman, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, authored an article that was showcased in General Counsel News, in a posting titled “Companies Can’t Contract Around WARN Act Sale of Business Exception.”

Following is an excerpt:

In the firm’s Financial Services Employment Law blog, Marc A. Mandelman wrote that the case involved a typical asset purchase transaction between Continental Express, Inc. and Celadon. Plaintiffs were a class of 449 former Continental employees who were not offered jobs with Celadon after the purchase of Continental’s trucking business.

“The key takeaway of the Day case for parties to a corporate transaction is that WARN liabilities are governed by statute, and the implications of WARN obligations and the sale of business provision of WARN must be carefully evaluated,” according to Mandelman.

Mr. Mandelman’s article “8th Circuit Rules Parties to Corporate Transactions Cannot Contract Around the WARN Act Sale of Business Exception” was first published on Financial Services Employment Law, an Epstein Becker Green blog.