Massive payroll-slashing means more advisory work coping with the many legal pitfalls of layoffs, including the WARN Act, which is giving rise to a mounting docket of litigation; the law requires 60-day advance notice of many planned layoffs of 50 or more employees. The law has an exception for “unforeseeable business circumstances”, but “courts have not historically counted major economic downturns under that exception, attorneys say.” (Of course. What could be more foreseeable than sudden sharp economic downturns? That’s why it’s so easy to make money playing stocks!) Littler Mendelson expects October to be the busiest month in its history, and other management-side firms report big jumps in business as well (cross-posted at Point of Law).
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