News & Analysis as of

Directors in the Twilight Zone: Administ(rate) With Caution

The recent criminal charges being brought against the former directors of City Link Limited (in administration) are a timely reminder for insolvency practitioners and directors to be mindful of their employment law...more

A WARNing to Directors and Officers — Failure to give proper WARN Act notice may breach your fiduciary duty

At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “milk was a bad choice.” But in actuality Stanziale is much more interesting: it...more

La Loi Macron est entrée en vigueur: beaucoup de bruit pour pas grand-chose?

Cette loi apporte des ajustements mais pas de bouleversements dans plusieurs pans du droit social français. Après des mois de discussions ardues, la Loi pour la croissance, l'activité et l'égalité des chances économiques...more

The “Law Macron” Has Taken Effect: Much Ado About Nothing?

This LawFlash focuses on dismissals and mass redundancies. After months of tense discussions in the French Parliament, the law for the Growth, the Activity and the Equality of Economic Opportunities (Law Macron), which...more

Massive Terminations: A 2015 Key Issue for China Labor

“Massive terminations” occur in China when an employer terminates more than 20 employees or more than 10 percent of its total employees at one time. Even though there are no official statistics on massive terminations of...more

Planning for a Government Shutdown

As described in detail in a recent Washington Update, there is once again a reasonable likelihood that we are headed for a government shutdown beginning Thursday, October 1. This article puts aside politics to focus on the...more

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

Microsoft Lays Off Workers Amid Calls for Expanded H1-B Visas

In July, Microsoft Corporation announced it would lay off 7,800 workers worldwide. The layoffs amount to 7 percent of the technology company’s global workforce. Politicians rarely like to hear about corporate layoffs —...more

What’s the Alternative?

FEMA Employees sued when FEMA closed its Puerto Rico-based call center. The call center was originally a “temporary” center set up to address calls from Spanish-speaking victims of a hurricane. The leased facility was...more

Brazil: Amid Great Recession, Government Issues Executive Order to Stave Off Unemployment and Reduce Labor Costs

On July 6, 2015, the Brazilian government issued an Executive Order (MP 680/15 and Decree 8.479/15) called Program to Protect the Employment (“PPE”) to slow down the rise of unemployment and the deepening of the recession. ...more

Laid-Off Chicago Teachers Clear Class Certification Hurdles

In 2011, the Board of Education of the City of Chicago laid off over 1,400 teachers and paraprofessionals, all of whom belonged to the same union. The Board chose which schools would be subject to layoffs and it was then up...more

Eleventh Circuit Declines to Aggregate Workers of Multiple Contractors for WARN Act Notification Purposes

Closing up shop and winding down a business can have significant legal ramifications for employers if not handled appropriately. The WARN Act was designed to prevent surprise upon unsuspecting groups of employees, but the...more

The Roundup: Last Week’s Recommended Reading (May 29, 2015)

From Around the Web - The Absolute Worst Way to Run a Law School: What law school employed a president who quit after only eight days? Hope it wasn’t your school! (Above the Law)...more

Economic Downturn Week, Part II – The Golden Gate Bridge and Employment Separation – Hotlines and Whistleblowers During Layoffs

I use the Golden Gate Bridge as an entrée to my continued discussion on the series on steps that you can use in your compliance program if you find yourself, your company or your industry in an economic downturn. Whether you...more

Drilling Down: Oil Prices and Innovation

Some economists have recently predicted that it not be until the third fiscal quarter 2015 that oil prices may begin to stabilize (for example, see ATB Financial’s Alberta Economic Outlook Q2 2015, published March 31, 2015). ...more

Economic Justification in the Assessment of Abusive Terminations of Longstanding Commercial Relationships

International companies with operations in France, or those that conduct regular business with French commercial partners, should be aware that their longtime French commercial partners could be entitled to claim compensation...more

What Employers Need to Know if Laying Off Foreign National Employees

In today’s tenuous economic climate – and any time, for that matter – lay-offs are, unfortunately, an unavoidable part of business operations. As we reported last month, lay-offs are particularly stressful and...more

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

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