3rd Circ. Reverses WARN Act Exemption Ruling

Law360, New York (September 4, 2008, 12:00 AM EDT) -- Defunct trucking company APA Transport Corp. will have to come up with a new defense for its failure to provide hundreds of employees with a 60-day notice of termination, now that an appeals court has reversed a lower court's decision to throw out the case by allowing the company to hide behind the “faltering company” exception to the Worker Adjustment and Retraining Notification Act.

On Aug. 29, the U.S. Court of Appeals for the Third Circuit reversed the U.S. District Court for the District of New...
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