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The WARN Act and Potential COVID-19 Exceptions

The federal WARN Act of 1988 applies to any business that employs 100 or more employees. The law contains special rules for the counting of part-time employees in determining whether an employer is covered by the law. It contains two exceptions to the 60-day notice requirement that could potentially apply to the COVID-19 pandemic.

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COVID-19 and Discrimination in the Workplace

In 2020 history is repeating itself: because COVID-19 was first identified in China, people in the USA are scapegoating people of Chinese origin (and even people of Asian descent generally) for the spread of the disease. There have already been numerous reports of people of Chinese descent being discriminated against (for example, in the form of plummeting patronage of Chinatown districts in many cities) and publicly attacked.

These examples highlight the xenophobia that manifests in public spaces and discourse during these outbreaks, but the same kinds of issues can arise in private spaces as well—including the workplace.

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DISCLAIMER: The information contained in these articles is intended to provide useful information. It is published with the understanding that the publisher is not engaged in rendering legal services. For specific legal advice, please consult your attorney.