· 2/22/1994
Carpenters District Council of New Orleans & Vicinity v. Dillard Dept. Stores, Inc., Etc., Stephen J. Plescia, Etc. v. Dillard Dept. Stores, Inc.
Citations
- 15 F.3d 1275
- 62 U.S.L.W. 2574
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “administrative rules should not be construed as having retroactive effect unless their language requires that result”
- emphasizing that a court must “avoid any interpretation that would lead to absurd or unreasonable outcome”
- suggesting that exceptions to the WARN Act’s notice requirements should be “narrowly construed” so as not to infringe the Act’s broad remedial purpose
- finding that lower court did not err in finding employer did not act in good faith when it was aware of Act’s notice requirements, but “consistently resolved any questionable [notice] issue in its favor.”
- discussing the part-time versus full-time worker, hypothetical, in which the part-time worker is compensated more than the full-time worker under the “calendar days” approach
- \~I'Jhe regulations specify that conditional notice is op tional to avoid the problem of imposing liability on employers for failing to give a conditional notice.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Politz, Garza, Jolly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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