WARN Act Doesn?t Apply to Federalization of Airport Security Screeners

The WARN Act prohibits an employer from ordering a mass layoff without 60 days notice. The issue in this case was whether the WARN act? ?applied?? to? ?the? ?federalization? ?of?? airport security screeners following 9/11.?? The district court? granted? the? employer?s? motion? for judgment on the pleadings and the Ninth Circuit affirmed.?? The court agreed with the employer that the layoff was outside the statute because it was? the? government? rather? than? the? employer who had ordered the layoff.?? Now Justice Alito had read the statute in the same manner while on the Third Circuit.? ?The majority in the Third Circuit case had ruled that in such a circumstance the employer still ?orders? the layoff but no liability? attached? because? of? ?unforeseen business circumstances? exception to the WARN Act.? ?Deveraturda v. Globe Aviation Security Serv., 454 F.3d 1043 (9th Cir. 2006).