With Federal Funding in Flux, Some Employers May Need to Review Layoff Procedures

Terminations and layoffs are often the subject of employee class action lawsuits, whether they are brought under the federal Fair Labor Standards Act (“FLSA”), the federal Worker Adjustment and Retraining Notification Act (“WARN Act”), and/or their corresponding state statutes, just to name a few. As some employers face the prospect of losing federal funding whether in the forms of loans or grants, due to the new administration’s Office of Management and Budget’s potential freeze of federal assistance—the fate of which remains in flux—it is important for employers to review potential separatio