Layoffs

News & Analysis as of

Too Late, Even If Not Too Little: Joining a National Trend, New Jersey Puts the Brakes on Driver’s Claims as Untimely based on...

When does two years become six months? When a signed employment application says it does.1 Last month, New Jersey recognized the express lane permitting employers and employees to set their own limitations periods,...more

Career Moments Are On The Rise, Mitigate Your Risk With Compliance Training

Have you ever heard of a “career moment”? A career moment is defined as a moment in an employee’s career that represents some form of major change. Last week we hosted two regional events, one in Chicago and one in...more

Immigration Corner: Giving Hiring Preference to Laid-Off Employees and More New Customer Service Tools at USCIS

In November's newsletter, we discussed the challenges to the Department of Labor's (DOL) layoff regulation for PERM applicants. DOL has responded by clarifying what is required of an employer to properly notify and consider...more

Employment Relationship Not Required For Claim Of ERISA Violation For Benefit Rights

In a recent Seventh Circuit Court of Appeals decision successfully litigated by Laner Muchin, the Court addressed novel aspects of whether an employer interfered with employees’ benefit rights in violation of ERISA. The case...more

Effective January 1, 2014: Amendments To Tenure, RIF And Impasse Bargaining Provisions Of Senate Bill 7

On January 1, 2014, legislative changes made by Public Act 98-0513 (Act) to the tenure, layoff and impasse bargaining process originally set out in Senate Bill 7 will go into effect. - Tenure Portability. The Act...more

UK Employment Law – A Year In Perspective – Changes Past and on the Horizon

2013 has been a significant year for UK employment law. In particular, an abundance of new legislation (both about substantive law and Employment Tribunal procedure) has heralded a number of important changes. This...more

A WARNing for Related Entities

When are related entities part of one “employer” under the WARN Act? When they function as one employer. In Guippone v. BH S&B Holdings LLC et al., No. 12.183-cv, 2013 WL 6439354 (2nd Cir. Dec. 10, 2013), the 2nd Circuit...more

What 'Overcapacity' Really Means (Jordan Furlong, Edge International)

The legal industry’s newest buzzword is “overcapacity.” It’s constantly invoked in reports of flat revenue and declining profits in law firms, usually as the reason for and precursor to cuts of all kinds, from secretarial...more

New York Federal Court Does and Doesn’t Address Contours of Employer Liability under the Federal and New York State WARN Acts

Under the federal WARN Act, and its more expansive counterpart, the New York State WARN Act, a sufficiently-sized employer must (absent limited exceptions) provide workers with a head’s up that the employer might shut down...more

New Jersey Bill Aims To Count Time Missed Due To A State Of Emergency In Determining Eligibility For Certain Leave Benefits

On September 30, 2013, a bill (S2996) was introduced seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared state of emergency. First, the...more

Global HR Hot Topic - November 2013: How to Cut (or “Restructure”) Employment Terms, Work Hours, Benefits and Pay Outside the...

Employment-at-will offers American employers broad freedom to cut their staff’s terms and conditions of employment, work hours, employee benefits—even compensation, bonuses, commissions and base pay. Indeed, American bosses...more

Immigration Corner - November 13, 2013

Snapshots of both big picture and meaningful small-scale developments in the world of immigration. This month: a technology giant's hefty immigration fine and its implications, an improved interactive website for...more

How The New "SharedWork Ohio" Law Will Affect Employers

This summer, Ohio Gov. John Kasich signed into law "SharedWork Ohio," an initiative designed to help workers and employers alike by preventing layoffs. The "SharedWork Ohio" program gives Ohio employers new flexibility to...more

Court Upholds Claim Against Private Equity Firm for Federal Labor Law Violation Stemming from Closure of Portfolio Company

A decision last month by the district court for the Northern District of Indiana is the latest in a string of recent judicial decisions to confirm that a plaintiff has successfully stated a plausible claim for relief under...more

Manager Taken Hostage in China

As many have read in recent news, an American business executive was held captive by employees of his medical supply factory outside of Beijing. The workers were reportedly worried about wages, layoffs, and the factory...more

Off-Hand Comment By Low-Level Supervisor Not Enough To Establish Age Discrimination

In Adams v. Interkal Inc., Chief Judge Paul L. Maloney granted summary judgment in favor of Interkal on Adams' claims that (1) he was discriminated against on the basis of his age when he was involuntarily laid off by...more

Zimmermann: Law Firm Partner Layoffs Should Be Routine [Video]

July 11 (Bloomberg Law) -- Strong law firms routinely lay off partners, having adopted the General Electric model of annually dismissing those individuals who are under-performing their colleagues, law firm consultant Kent...more

Change to UK Collective Redundancy Consultation Regime Now Confirmed

The UK Employment Appeal Tribunal (the EAT) has now published its judgment in litigation that resulted from the 2008 closure of Woolworths. It confirms initial reports of a significant change to the law on UK collective...more

France Enacts the Labor Law Reform Act

This comprehensive reform aims to introduce more flexibility and security into the employment market. On June 14, France's law for labor market reform (referred to as the "Law for the security of employment" or "Loi de...more

Employment Law Commentary -- Volume 25, Issue 6 -- June 2013: A Trap for the Unwary: EEOC Pushes Back on Overly Expansive...

A familiar, if unsettling, trend the past four years has been layoffs. The calculus behind them is simple: companies need to cut costs to stay afloat amidst the weak economy, and reducing the size of their workforce is a...more

Weil, Gotshal & Manges effectively navigates the communications waters

On the front-page of Tuesday’s Wall Street Journal, Weil, Gotshal & Manges announced that it laid off about 170 attorneys and support staff and slashed compensation for about 30 of its 300 partners. The firm ranked 13th in...more

MacEwen: Weil Gotshal Layoffs Start of Wave  [Video]

June 27 (Bloomberg Law) -- Weil, Gotshal & Manges' announcement this week it is firing 60 associates and 110 support staffers, and cutting the pay of about 30 partners, is the start of a wave of such downsizings, according to...more

"Collective Dismissals in Europe: Changes in France and the United Kingdom"

European Union employers are required by an EU directive to consult with employees and their representatives, including works councils (an existing employee representative body), when proposing collective dismissals to...more

Woolworths – Widening the Ambit of Collective Redundancy Consultation

It has been reported that the UK's Employment Appeal Tribunal ("EAT") has overturned an employment tribunal decision denying protective awards to former employees of Woolworths who had worked in stores with fewer than 20...more

Providing Employees with Notice of Layoffs in Chapter 11 Cases

The "WARN Act" (Worker Adjustment and Retraining Notification Act) requires that larger employers provide 60 days' notice in advance of plant closings or other mass layoffs....more

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