Recent judicial decisions suggest that home-based employees do not automatically constitute a single employment site under the Worker Adjustment and Retraining Notification Act.
The WARN Act requires employers to give 60 days’ notice to employees before covered layoffs or plant closings.
A federal district court in Florida ruled that an employer cannot aggregate remote employees across the country at a single employment site under the WARN Act. The court in Gray v. Volato held that a WARN regulation for employees working outside an employer’s regular sites applies to mobile workers, such as traveling salespeople and drivers, but not to employees who work remotely without travelling for work. The court rejected arguments that the company’s headquarters or the remote workforce itself constituted a single site.
Gray follows two other 2026 district court decisions, Dargon v. Xtend Healthcare and Hubbard v. Goldschmitt & Associates, that reached similar conclusions.
WARN’s single-site rules predate widespread remote work, and courts have disagreed over their application to remote employees. The Biden Administration considered, but never issued, a regulation that would have treated remote workers as out-stationed employees.
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