Leeper v. Hamilton County Coal, LLC

Issues: (1) Whether courts should distinguish between “terminations” and “layoffs” under the Worker Adjustment and Retraining Notification Act by applying an objective standard that examines the employees’ reasonable expectation of recall at the time of the employment cessation, based on the employer’s written and oral communications, policies and practices, industry standards and other factors; and (2) whether “a reduction in hours of work of more than 50 percent during each month of any 6- month period” under the WARN Act includes months in which the employee suffers a 100 percent reduction in hours.