AI-Driven Layoffs: Navigating WARN, OWBPA, and Discrimination Liability in Algorithmic RIFs

Shawn Matthew Clark, Shareholder | Littler Mendelson P.C.

Shawn Matthew Clark is a Shareholder at Littler Mendelson P.C. in New York, where he advises employers of all sizes on the full spectrum of workforce restructuring, business reorganization, and employment litigation. Clients rely on his ability to translate complex federal, state, and local employment law into practical, business-focused strategies, particularly when facing reductions in force, WARN Act compliance, and unfair competition disputes.

• Education & Credentials

Shawn earned his J.D., cum laude, from Brooklyn Law School in 2012, where he received the Judge Doris A. Thompson and Judge Edward Thompson Award for Excellence in Trial Advocacy and the CALI Excellence for the Future Award in Trial Advocacy, and placed first in the New York Region of the American Bar Association Labor and Employment Trial Advocacy Competition. He holds a B.A. from The George Washington University. He is admitted to practice in New York and before the U.S. Court of Appeals for the Second Circuit and the Southern, Eastern, and Northern Districts of New York.

• Recognition & Leadership

Shawn has been named to The Best Lawyers in America “Ones to Watch” list from 2023 through 2026 and was recognized as a New York Super Lawyers Rising Star in 2022 and 2023. Earlier in his career, he received the New York City Law Department Legal Rookie of the Year Award.

• Professional Involvement

Shawn serves on the Trade Secrets Committee and the Labor and Employment Law Committee of the New York City Bar Association, where he also co-chairs the Employment Law Institute. He speaks regularly at national employer conferences and has been quoted in Law360, SHRM, and HR Brew on WARN Act, AI layoff disclosure, and noncompete developments.

• Experience

Shawn’s practice centers on business restructuring and unfair competition. He counsels clients through workforce reductions of all scales, building RIF plans that include defensible selection criteria, adverse impact analyses, multistate severance agreements, and WARN Act and OWBPA compliance. He also drafts and litigates noncompete, nonsolicitation, and nondisclosure agreements. Before private practice, he served as Assistant Corporation Counsel in the New York City Law Department’s Labor and Employment Law Division.

Noa M. Baddish, Partner | Proskauer Rose LLP

Noa M. Baddish is a Partner in Proskauer Rose’s Labor and Employment Law Department, where she defends employers in complex employment disputes and advises clients through workforce restructuring matters. Her practice spans class and collective action defense, wage and hour litigation, and whistleblower retaliation claims. She is particularly recognized for her technical command of reductions in force and her ability to build proactive compliance strategies that minimize litigation risk.

• Education & Credentials

Noa earned her J.D. from Fordham University School of Law, where she served as Notes and Articles Editor of the Fordham Urban Law Journal, and her B.A. from Georgetown University. She is admitted in New York and New Jersey and before the U.S. Court of Appeals for the Second Circuit and multiple federal district courts.

• Recognition & Leadership

Noa was recognized as a New York Super Lawyers Rising Star from 2015 through 2020, reflecting her early distinction as a trusted advocate for employers in complex employment matters. She has also been highlighted by Legal 500 as a key practitioner within Proskauer’s nationally recognized Labor and Employment practice.

• Professional Involvement

Noa is the Administrative Lead of Proskauer’s Class, Collective and Complex Action Practice Group and a member of the firm’s Sports, Employment Litigation and Arbitration, Wage and Hour, and Whistleblower and Retaliation practice groups. She has authored publications including “Managing Legal and Reputational Risks When Right-sizing Your Workforce” in LegalDive and has contributed to Proskauer’s Law and the Workplace blog on RIF compliance, WARN Act obligations, and severance strategy.

• Experience

Noa’s practice spans employment litigation, class and collective action defense, and workforce restructuring. She co-heads Proskauer’s Terminations, Reductions in Force and WARN Act group, advising clients on the full mechanics of group employment actions including decisional unit scoping, selection criteria, OWBPA disclosure requirements, and multi-state compliance. She has defended employers in federal and state courts, arbitration, and before administrative agencies including the EEOC, with particular focus on wage and hour, discrimination, harassment, and whistleblower retaliation claims. Before joining Proskauer, she served as Assistant General Counsel to the New York City Mayor’s Office of Labor Relations.

Guy Brenner, Partner | Proskauer Rose LLP

Guy Brenner is a Partner in Proskauer Rose’s Labor and Employment Law Department, where he advises and defends employers on a broad range of employment matters with a particular focus on workforce restructuring, AI-driven workforce decisions, and discrimination compliance. Based in Washington, DC, Guy brings a regulatory perspective to complex counseling and litigation matters, helping clients navigate rapidly evolving federal and state employment law obligations before and after workforce actions are taken.

• Education & Credentials

Guy earned his J.D. from the University of Virginia School of Law, where he served on the Editorial Board of the Virginia Law Review, and his B.A. with Distinction from the University of Wisconsin-Madison. He clerked for the Honorable Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia and is admitted to practice in the District of Columbia, New Jersey, and Virginia.

• Recognition & Leadership

Guy has been recognized as a leading practitioner in Labor and Employment by peer-review publications and is a contributing author to Proskauer’s Law and the Workplace blog, one of the most widely read employer-side employment law resources in the country.

• Professional Involvement

Guy is a member of Proskauer’s Labor and Employment Law Department and contributes regularly to the firm’s thought leadership on AI in the workplace, workforce restructuring, and EEOC enforcement trends. He speaks and writes on emerging employment law issues and has co-authored client advisories on DOL guidance, algorithmic bias compliance, and multi-state RIF strategy alongside fellow Proskauer partners.

• Experience

Guy’s practice covers employment litigation, workforce restructuring, and AI compliance. He co-authored Proskauer’s October 2024 analysis of the Department of Labor’s AI and Inclusive Hiring Framework, advising employers on the ten compliance focus areas for minimizing algorithmic discrimination risk in workforce decisions. He defends employers in discrimination and retaliation matters and counsels clients on multi-state RIF compliance, including adverse impact analysis, selection criteria design, and WARN Act obligations. His Washington, DC base adds depth on federal regulatory and EEOC enforcement developments as they apply to AI-driven employment decisions.

SESSION 1 – Compliance Obligations in AI-Driven Group Terminations | 1:00pm – 2:00pm

When AI selects who gets cut, OWBPA waivers, WARN Act aggregation windows, and four-state mini-WARN obligations activate simultaneously. Attorneys will master the compliance mechanics needed to protect clients before separation notices go out.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Discrimination Liability and Building a Defensible AI-Driven RIF Process | 2:10pm – 3:10pm

Algorithmic layoff lists create Title VII, ADEA, and ADA exposure that survives every signed waiver. Attorneys will gain the analytical frameworks and practical playbook needed to identify liability, advise clients, and build legally defensible AI-driven reductions.