News & Analysis as of

OWBPA

Bradley Arant Boult Cummings LLP

Back to the Basics: Steps to Protect Your Company from Age Discrimination Claims in 2024  

We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more

Amundsen Davis LLC

Terminations, Layoffs, and Separations – an Employer Refresher

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There seems to be an almost daily litany of layoffs by large corporations that instantly become media fodder. For example, McDonald’s recent layoff, widely reported to have impacted hundreds of white collar employees, comes...more

Foley & Lardner LLP

Reductions in Force: Some High-Level Issues To Consider

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As the country continues to navigate an economic downturn and employers discuss the possibility of reducing their workforce, employers should be aware that there are several layers to conducting a reduction in force,...more

Fisher Phillips

An Employer’s 7-Step RIF and Layoff Blueprint for 2023

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An unfortunate result of the current state of economic uncertainty is that many employers have begun to consider reductions-in-force or other layoffs. However, you need to ensure you carry out any RIFs or layoffs correctly if...more

Perkins Coie

Plan for Workforce Reductions Now To Avoid Delay and Liability

Perkins Coie on

Recent news has shined a spotlight on the legal consequences of mass layoff situations. Employers should take steps now to prepare for possible reductions in their workforce. By being aware of the potential pitfalls and legal...more

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

Uncertain Economy Could Raise Reduction in Force Issues for Many Businesses

With the rise of inflation and other negative economic indicators, most news reports are suggesting that the U.S. economy is facing uncertain times. Some economists predict that the economy is headed for a recession or that...more

Verrill

Conducting Reductions In Force (RIFs): 10 Practical Tips for Employers to Avoid Lawsuits

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We recently have observed an increase in the number of employers conducting group layoffs or “RIFs” in order to cut costs because of the economic downturn. This trend may only worsen in the coming year. Employers must be...more

Foley & Lardner LLP

Employment Dos and Don’ts When Implementing Workforce Reductions

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As economists and news outlets inform us daily, a recession is coming – with some asserting it is already here. For many companies this signals a major change to what has been a very tight labor market. Employers are...more

Holland & Hart - Employers' Lawyers

Factors to Consider if You’re a Small Employer Conducting Layoffs

Question: We’re a privately owned company with fewer than 100 employees. Do we have to follow the Worker Adjustment and Retraining Notification (WARN) Act regulations if we decide to conduct a temporary layoff in the near...more

Constangy, Brooks, Smith & Prophete, LLP

An OWBPA kick in the pants

Even though the court was right, this stinks. Picture this. Your current employee is suing you for race discrimination. She's also 40 or older, but she hasn't claimed age discrimination....more

White and Williams LLP

"Sleep Insurance" Severance Agreements

Does your company utilize severance agreements with employees – paying severance in exchange for the employee waiving their right to bring any kind of action against the company in the future? Such agreements have become even...more

Foley & Lardner LLP

Considering an Early Retirement Program? Make Sure You Plan Ahead

Foley & Lardner LLP on

Recently, we examined the wisdom and legality of mandating retirement for older workers. The gist of that analysis was “don’t do it” except in limited circumstances — and certainly don’t do it without talking to your legal...more

Rivkin Radler LLP

The Employment Law Reporter - Spring 2021

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Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more

Proskauer - Law and the Workplace

EEOC Says that Non-U.S Citizen Employees Working Outside the U.S. Need Not Be Included in OWBPA Disclosures

On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) approved a formal opinion letter clarifying that non-U.S. citizen employees of American employers working outside the United States need not be...more

Epstein Becker & Green

EEOC Opinion Letter Addresses Inclusion of Non-U.S. Citizens Working Abroad in OWBPA Disclosures

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On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued a Commission Opinion Letter concluding that the group termination program disclosures mandated by the Age Discrimination in...more

DirectEmployers Association

OFCCP Week In Review: January 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Faegre Drinker Biddle & Reath LLP

EEOC Issues Opinion Letter on Older Workers Benefit Protection Act Disclosure Requirements for Non-U.S. Employees

On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued “Opinion Letter: Older Worker Benefit Protection Act,” which clarifies that United States employers need not include non-U.S. citizen...more

Littler

EEOC Issues Guidance on Inclusion of International Employees on OWBPA Disclosures

Littler on

On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued long-awaited and much-needed clarification on whether non-U.S. citizen employees working for a U.S. employer outside the United States must...more

Jackson Lewis P.C.

EEOC: Non-U.S. Citizen Employees Working Abroad May Be Excluded From OWBPA Disclosures

Jackson Lewis P.C. on

For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs...more

Littler

Workforce Reductions and Statistics: A Primer and Recommendations

Littler on

Workforce reductions, whether in the form of hours reductions, furloughs, or layoffs, are often a last resort for employers experiencing financial pressures. Nevertheless, when these actions are necessary, time typically is...more

Snell & Wilmer

COVID-19: Employment Squalls Likely to Hit Employers

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Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the...more

Bradley Arant Boult Cummings LLP

If You Have to Layoff Employees, Don’t Forget WARN and OWBPA

In this unprecedented COVID-19 world, employers may need to consider layoffs, furloughs, or even closures to get through to the other side (whenever that comes). If you have done all you can to weather the government-mandated...more

Foley & Lardner LLP

A Refresher on Releases

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An unfortunate byproduct of the COVID-19 pandemic is terminations. Many employers who have the resources provide a cushion in the form of severance pay. It is prudent to seek a release of claims in exchange for the payment...more

Constangy, Brooks, Smith & Prophete, LLP

Avoiding Class And Collective Actions In The COVID-19 Era

On March 16, the City and County of San Francisco issued the nation’s first “shelter in place” order to mitigate the spread of the unrelenting novel coronavirus. Although this drastic move was needed to deal with the negative...more

Goulston & Storrs PC

Managing your Workforce in Unprecedented Times

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The novel coronavirus (COVID-19) pandemic has reached almost all U.S. states, the District of Columbia, and Puerto Rico.  It appears that COVID-19 originated in China’s Hubei province and it presents the greatest risk to...more

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