Legal Developments Impacting WARN Litigation Strategy

Dargon v. Xtend Healthcare holds fully remote workers don't count under WARN's single-site threshold, creating circuit split. Yellow Corp. faltering company exception analysis reinforces that courts may accept this defense. Sturgis Hospital lawsuit challenges faltering-company exception. These developments are critical for plaintiff-side litigation strategy. Ohio enacted a mini-WARN Act with ambiguities in coverage thresholds and notice requirements, creating compliance gaps and new litigation opportunities. Nebraska has also enacted a mini-WARN Act — new jurisdiction to monitor for compliance gaps and litigation opportunities. This expands our monitoring jurisdiction and provides new angles to identify potential violations.