News & Analysis as of

Involuntary Reduction in Force

Singapore: A Changing Paradigm in Redundancy and Reductions in Force

by Morgan Lewis on

Recent changes in the notification and oversight process for redundancy and RIF exercises show the Ministry of Manpower’s strengthened commitment to employee rights....more

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Purported Whistleblower Barred from Pursuing Illinois Retaliatory Discharge Claim

The Northern District of Illinois recently dismissed an Indiana-based employee’s claims for retaliatory discharge in violation of common law, focusing on the nature of the connection (or lack thereof) to Illinois and noting...more

A New Argument for Negotiating a Social Plan in France

A Plan de Sauvegarde de l’Emploi (PSE) is a mass redundancy or reduction-in-force plan that companies employing 50 or more employees in France must have in place before dismissing 10 or more employees in a layoff. Such a plan...more

No Evidence Of Age Bias When Job Was Eliminated As Part Of Reduction In Force

by DeWitt Law, LLC on

The Fifth Circuit, in Lay v. Singing River Health System, No. 16-60431, 2017 U.S. App. LEXIS 10758 (5th Cir. June 19, 2017), recently upheld the district court’s grant of summary judgment in favor of the defendant employer in...more

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

Back Back Back Back Back and That Job is Gone!

ESPN is generally known as the worldwide leader in sports. This week, however, they were in the news for a reason that didn’t involve reporting on deflated balls, two people yelling at each other over a topic no one generally...more

March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the...more

Maine Law Court Charts Different Course for Age Discrimination

by PretiFlaherty on

It is not often that the Law Court interprets the Maine Human Rights Act (MHRA) differently from its federal counterparts. In a recent decision, though, the Law Court did exactly that – it held that the standard for...more

The Future Is Now: Robots And Artificial Intelligence In The Workplace

by Fisher Phillips on

While it may be some time before we commute to work in flying cars or seek a transfer to our company’s lunar outpost, another concept once thought outside the realm of modern reality is now increasingly ordinary in the...more

It Pays to Pay Attention to Impact When Considering Layoffs

by Foley & Lardner LLP on

Unfortunately, many employers from time to time face the need to restructure or downsize their workforce. While the business climate or customer needs are often the driving force in a restructuring or layoff, there are a...more

Third Circuit Rules "Subgroup" Disparate Impact Claims Are Cognizable Under the ADEA

by Littler on

The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to find that so-called “subgroup” disparate impact claims are cognizable under the Age Discrimination in Employment Act (ADEA), which...more

New Jersey Jury Awards $51 Million in Age Discrimination Case: A Shocking Reminder for Employers to Tread Carefully

by Clark Hill PLC on

On January 26, 2017, a federal jury sitting in Camden, New Jersey awarded 66 year old Robert Braden a whopping $51.1 million in damages against his former employer Lockheed Martin Corporation. Mr. Braden was not a high-level...more

Third Circuit Rules That Employment Practices Favoring Employees in Their 40s Over Those in Their 50s Could Constitute Age...

by Tucker Arensberg, P.C. on

The Third Circuit Court of Appeals (which handles appeals of federal cases in Pennsylvania, New Jersey, Delaware, and the Virgin Islands) recently ruled that a facially neutral workplace policy that disproportionately affects...more

Third Circuit Expands Liability Under the ADEA for Disparate Impact Claims

by Ballard Spahr LLP on

The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling,...more

Conflict Avoidance and Conflict Resolution Mistakes that Ruin Workplace Culture Part I

I dedicate a fair portion of my professional life to resolving workplace conflict. While I enjoy helping companies once a crisis has occurred, my preference is to help companies avoid crises in the first place....more

EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

by Snell & Wilmer on

On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision...more

Brexit: Future Proofing Your European Business

by Seyfarth Shaw LLP on

The dust has now settled after the seismic shift of the UK’s vote to leave the European Union (also known as “Brexit”) on 23 June. The British Government has yet to formally trigger exit, and legal challenges are underway by...more

Apria Healthcare Group to Pay $100,000 To Settle EEOC Disability Discrimination Suit

Company Laid Off Warehouse Clerk After She Notified Them of Medical Restrictions, Federal Agency Charged - ALBUQUERQUE, N.M. - Apria Healthcare Inc., a home medical provider that offers medical equipment and services in...more

Brexit Update: UK Employment Law Implications

by McDermott Will & Emery on

In Depth - What laws will change now? - None. The United Kingdom will continue to be an EU Member State until procedures are completed for exiting the European Union. This is likely to be a long process that...more

What GCs Need to Know About Reductions in Force

by Zelle LLP on

Reductions in force (“RIFs”) are group terminations, usually driven by the financial condition or business needs of the employer. An employer’s General Counsel, even though responsible for protecting the employer from legal...more

Effectively Managing Workforce Contraction in Turbulent Times - Part 2

The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With recent developments in the industry and predictions that low oil...more

Employee Separation Agreements – A Refresher (The Sequel)

In our last post on this topic, we reviewed the essential elements of a valid employee separation agreement that includes an employee’s release of claims against the employer (i.e., the agreement must be made knowingly and...more

Is an Offshore Rig a Single Site of Employment Under WARN?

A federal judge in the Eastern District of Louisiana recently issued an important ruling for oil field employers conducting layoffs. In Voisin v. Axxis Drilling, Inc. (October 21, 2015), the court held that for the purposes...more

An Easing of Brazil’s Restrictive Labor Laws? Only Time Will Tell

Brazil’s troubled economy has been making global headlines for the past few months. After five years of growth, understood now to have largely been fueled by China’s seemingly insatiable hunger for commodities, the economy...more

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