A recent federal court ruling in Washington highlights that remote employees may still be protected under the WARN Act, which requires 60 days’ notice before mass layoffs (50 or more workers) or plant closures. In this case, remote workers claimed they were laid off without notice despite being tied—through reporting lines and job roles—to physical worksites where enough layoffs occurred to trigger WARN obligations.
The court allowed the case to move forward, finding the plaintiffs had plausibly alleged they were “affected employees” under the law. This decision reinforces that remote work does not automatically exempt employers from WARN responsibilities.
Tips for Employers:
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- Don’t assume remote = exempt: Remote employees tied to physical locations may still count toward WARN thresholds.
- Clarify site assignments: Clearly document each employee’s assigned worksite in offer letters and internal records.
- Watch for hybrid connections: Occasional on-site attendance or reporting structures can increase WARN exposure.
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- Understand the financial risk: Violations can cost up to 60 days of pay and benefits per affected worker.
WARN ACT info: https://www.dol.gov/agencies/eta/layoffs/warn
I also encourage you to read info on – Rapid Response Solutions for Business (for layoffs).
