News & Analysis as of

Furloughs

Fisher Phillips

Key Reduction in Force Considerations for Construction Employers

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The construction industry is seeing a drop in job openings but also in layoffs, according to new data from labor experts. But as part of an industry with one of the highest layoff rates, it’s crucial for construction...more

Epstein Becker & Green

Twice Again, Jurisdictional Timing Matters; Battle Among Originalists Leaves Consumer Financial Protection Board Standing - SCOTUS...

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On May 16—for the second time in two weeks—the U.S. Supreme Court, this time unanimously, has taken a lenient, plaintiff-friendly view of whether a filing deadline is jurisdictional in the sense that it is governed by the...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on California Wage and Hour

FOCUS ON CALIFORNIA WAGE AND HOUR - Ninth Circuit Interprets When Furlough or Temporary Layoff is a Discharge - A recent Ninth Circuit decision imposes new obligations on California employers that furlough or...more

White & Case LLP

US Government Shutdown Averted – For Now: Action Items for Government Contractors

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With approximately one hour to spare, Congress passed a temporary spending bill which allows the federal government to continue to operate for 45 days, averting what would have been the third government shutdown in the last...more

Seyfarth Shaw LLP

Federal Government Shutdown Will Significantly Impact United States Department of Labor Enforcement Activities, OSHA Cases

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Seyfarth Synopsis: The impending federal government shutdown will suspend many enforcement and consultation functions of the United States Department of Labor, including OSHA....more

Knobbe Martens

Shutdown will Impact FDA

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The looming government shutdown will likely slow the pace of work at the FDA. The federal government will shut down on October 1, 2023 unless a deal is reached. In the event of a shutdown, 19% of FDA employees would be...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Government Shutdown to Halt Activities of Federal Labor and Employment Agencies

Another federal government shutdown appears imminent as lawmakers reportedly remain deadlocked along partisan lines on an agreement to extend funding ahead of a 12:00 a.m. October 1, 2023 deadline. A government shutdown—which...more

Wiley Rein LLP

What Contractors Need to Know About a Government Shutdown

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WHAT: The odds of a federal government shutdown occurring increased significantly last week. Congressional gridlock is preventing even a continuing resolution to advance that would allow negotiations on a broader funding bill...more

Jackson Lewis P.C.

Manufacturing, Other Employers’ Compliance With Immigration Rules During Strikes

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After the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers expired on September 14, 2023, and the parties were not able to agree on new contract terms, the UAW began striking at targeted plants...more

BCLP

UK HR Two-Minute Monthly: June 2023

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Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more

CDF Labor Law LLP

Complying with Wage and Hour Obligations in the Face of Crisis

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The recent seizure and shutdown of two prominent regional banks – Silicon Valley Bank and Signature Bank – highlights for employers the issues that an unexpected liquidity crisis may bring. And, it’s not just banking...more

Constangy, Brooks, Smith & Prophete, LLP

Beware of MA penalties if you miss payroll – even if it’s due to a bank failure

On Friday, March 10, the Federal Deposit Insurance Corporation announced that it had closed the Silicon Valley Bank and taken control of its deposits. In its announcement, the FDIC said that insured depositors would have...more

Pillsbury Winthrop Shaw Pittman LLP

Don’t Let Bank Uncertainty Delay Payroll: Considerations for Employers

With bank uncertainty making headlines, we answer employers’ most frequently asked questions about the consequences of payroll delays, strategies for mitigating risk and more. ...more

Manatt, Phelps & Phillips, LLP

Top Five Employment Issues Upon a Sudden Bank Failure

The sudden closure of a bank can create a host of ripple effects. It is important that employers stay alert and vigilant in managing their employment practices when faced with liquidity concerns that inevitably arise from...more

Orrick, Herrington & Sutcliffe LLP

Key Issues for Employers following the Silicon Valley Bank and Signature Bank Closures

Despite the joint statement by the Treasury Department, the Federal Reserve and the FDIC, many of our clients continue to ask about state law restrictions related to postponing payroll for employees...more

Fisher Phillips

Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

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The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage...more

Lowenstein Sandler LLP

SVB FALLOUT: How VC-backed Startups May Extend Payroll & Avoid Furloughs

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In light of the FDIC takeover of Silicon Valley Bank (SVB), many of our startup, growth company, and fund clients have asked about how to manage their obligations to pay their team members during a period when the company’s...more

Ballard Spahr LLP

SVB Fall Out – Beware of Employment Law Risks

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Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds...more

Parker Poe Adams & Bernstein LLP

Statistics on Average Age of Employees Selected for Reduction in Force Helps Reverse Dismissal of Discrimination Claim

Employers considering layoffs or other restructurings should carefully develop a plan for evaluating and selecting employees who will be affected by the changes. In many situations, age discrimination claims become a major...more

Roetzel & Andress

The NLRB Claims That It Is Returning to Prior Precedent Restricting the Use of Confidentiality and Non-Disparagement Clauses in...

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On February 21, 2023, the National Labor Relations Board issued an opinion holding that the mere proffer of “a severance agreement with provisions that would restrict [an] employee’s exercise of [his or her] NLRB rights”...more

Paul Hastings LLP

NLRB Limits Non-Disparagement and Confidentiality Clauses in Severance / Settlement Agreements

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The National Labor Relations Board (the “NLRB”) recently issued a sweeping decision that should prompt most companies with U.S. operations to review — and, in all likelihood, modify — their standard separation, settlement,...more

Fox Rothschild LLP

NLRB Says No to Confidentiality, Nondisparagement Provisions in Severance Agreements

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The National Labor Relations Board issued another ground-breaking decision on February 21, 2023, ruling that confidentiality and nondisparagement agreements commonly included in employment severance agreements may be deemed...more

Lowenstein Sandler LLP

NLRB Prohibits Non-Disparagement and Confidentiality Clauses in Most Severance Agreements

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Earlier this week, the National Labor Relations Board (NLRB) ruled that language in a severance agreement that restricts an employee’s ability to criticize their employer or to reveal terms of the agreement that the employer...more

Akin Gump Strauss Hauer & Feld LLP

Effectively Managing Workforce Contraction in Turbulent Times

Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. In making plans for...more

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