News & Analysis as of May 4, 2025

Hiring & Firing › Involuntary Reduction in Force

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Judicial Lifeline: Federal Court Temporarily Halts CFPB Changes

Holland & Knight LLP on 4/1/2025

U.S. District Court Judge Amy Berman Jackson granted the plaintiffs' motion for preliminary injunction in NTEU v. Vought on March 28, 2025, primarily requiring the Consumer Financial Protection Bureau (CFPB) to reinstate all...more

Significant Workforce Reductions at the U.S. Department of Education and Their Potential Implications

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/19/2025

On March 11, 2025, the U.S. Department of Education announced that it would initiate a reduction in force (RIF), affecting nearly 50 percent of its workforce. ...more

10th Circuit Decision Highlights Best Practices for Employers Planning Reductions in Force

Cooley LLP on 3/13/2025

In Raymond v. Spirit AeroSystems Holdings, the US Court of Appeals for the 10th Circuit considered and rejected a group of former employees’ allegations that they were selected for termination in a reduction in force (RIF)...more

Employer Strategies for Navigating RIFs: One-on-One with Ann Knuckles Mahoney

Epstein Becker & Green on 2/21/2025

A reduction in force (RIF) is a complex process that demands more than just operational adjustments. It requires meticulous planning to align business objectives with legal compliance, sound decision-making, and thorough risk...more

Tech Employers Should Consider These 5 Key Issues Before Conducting Reductions in Force

Fisher Phillips on 10/29/2024

Despite notable workforce reductions in 2022 and 2023, layoffs in the tech industry are still prevalent as 2024 wraps up. The layoffs range from large employers to smaller-sized startups that are focused on profitability and...more

Key Reduction in Force Considerations for Manufacturing Employers as Layoffs Mount

Fisher Phillips on 10/11/2024

The strong jobs report recently released by the federal government included a surprising twist: it showed the manufacturing industry lost over 34,000 jobs in the past two months, standing now as one of the weakest industry...more

Key Reduction in Force Considerations for Construction Employers

Fisher Phillips on 8/20/2024

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

Can You Lay Off Remote Workers First? 4 Key Considerations for Employers Facing RIFs

Fisher Phillips on 3/12/2024

Here’s the scenario: You were just told that your company needs to reduce its workforce by 10%, and it’s your job to put together an action plan for this grim assignment. But there’s a catch. The leadership team wants you to...more

"Watch Me Get Fired" Videos Are Going Viral: 7 Tips for Employers to Navigate New Trend

Fisher Phillips on 2/16/2024

A scroll through social media will quickly reveal that we’re in a new workplace era where the stigma attached to being fired or laid off is waning and many people are seeking solidarity online. In recent viral posts on...more

APAC Reductions in Force Blog SeriesBreakdown of the Top 10 Things to Look Out for – Part 3 of 4

Seyfarth Shaw LLP on 7/6/2023

In part two of our series on Reductions in Force in Asia Pacific, we addressed the importance of restructuring rationale, employee selection and redeployment, and consultation with employees or employee representatives. In...more

APAC Reductions in Force Blog Series – Breakdown of the Top 10 Things to Look Out for – Part 2 of 4

Seyfarth Shaw LLP on 6/30/2023

In part one of our series on Reductions in Force in Asia Pacific, we addressed the importance of planning and strategy timing. In part two, we consider the next three things that we recommend multinational employers look...more

APAC Reductions in Force Blog Series Breakdown of the Top 10 Things to Look Out for – Part 1 of 4

Seyfarth Shaw LLP on 6/26/2023

Seyfarth Synopsis: Seyfarth recently hosted a webinar entitled Asia-Pacific Reductions in Force: Ten Things to Look Out for, addressing the practical issues employers should be aware of when restructuring in APAC. We shared...more

5 Questions: Effective Communication Strategies During a Reduction in Force

Fisher Phillips on 6/12/2023

You may have recently made the difficult decision to reduce your workforce, and you still have some tough choices ahead regarding how to handle the details. Perhaps the most important decisions will involve how you chose to...more

Manufacturing Employers Should Pay Attention to Severance Agreement Restrictions Despite Booming Times

Fisher Phillips on 4/5/2023

The recent pendulum-swinging NLRB decision that invalidated confidentiality and non-disparagement provisions in severance agreements will have far-reaching effects on employers that utilize them during layoffs or other...more

Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

Fisher Phillips on 3/14/2023

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

Economic Downturn May Cause Spike in Litigation Arising From Reductions-in-Force

Dorsey & Whitney LLP on 2/2/2023

With economists predicting a recession in the coming year, many employers are considering downsizing their operations. In planning for and implementing such reductions, employers should be aware of the risk of litigation...more

How to Navigate a Reduction in Force

Bowditch & Dewey on 1/23/2023

Over the course of a brewery’s growth in the industry, there may come a time when you are faced with the difficult but necessary decision to lay off some employees as part of a reduction in force or other restructuring...more

Reductions-in-Force are Never Pleasant, but There’s a Right Way and (Many) Wrong Ways

Foley & Lardner LLP on 11/15/2022

Here in Wisconsin, we say – “Don’t like the weather? Wait five minutes” – to capture our ever-changing outdoors. (Case in point: as I write this article, today’s high temperature is 72 degrees; tomorrow’s is 36.) The phrase...more

Considering a Reduction in Force? Time to Revise Your Separation Agreement Template

Sheppard Mullin Richter & Hampton LLP on 11/11/2022

As economists argue whether a recession is on the horizon, some employers may begin to prepare to cut expenditures, including through a reduction in force. While not necessary under most state laws, many employers opt to...more

[Webinar] Ideas for Businesses to Navigate Economic Uncertainty - October 25th, 8:30 am - 11:00 am ET

Williams Mullen on 10/11/2022

...join us for Ideas for Businesses to Navigate Economic Uncertainty, a webinar comprised of brief - only 15 minutes each! - presentations tailored to meet the needs of senior executives and leaders of in-house legal...more

Can Discharging Remote Workers Trigger the WARN Act at a ‘Single Site of Employment’?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/20/2022

To say that COVID-19 has presented numerous challenges to employers would certainly be an understatement. One of the changes and challenges that has entered the workforce is the proliferation of work-from-home arrangements. ...more

Too Many People, Not Enough Cars: 5 Considerations if Your Dealership Needs to Conduct Reductions-in-Force

Fisher Phillips on 11/3/2021

Until now, having a reduction-in-force in the sales department of a retail automotive dealership was about as rare as selling vehicles at MSRP. Thanks to a combination of factors, including the pandemic and the chip shortage,...more

Navigating the Nuances of the COBRA Subsidy Under the American Rescue Plan Act

Lowenstein Sandler LLP on 10/14/2021

Hosts Andrew Graw and Megan Monson discuss the American Rescue Plan Act of 2021 (ARPA) as part of the new (third) COVID-19 stimulus relief bill. The ARPA assists qualifying individuals who lose coverage under an employer’s...more

IRS Addresses Lingering Employer Questions Regarding COBRA Premium Assistance and Corresponding Tax Credits under the American...

Fisher Phillips on 5/21/2021

The American Rescue Plan Act (ARPA) provides for 100% premium assistance to certain qualified beneficiaries for continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) for periods of...more

[Virtual Event] Hot Employee Mobility Issues in the COVID-19 Era - November 12th, 12:00 pm - 1:00 pm ET

Epstein Becker & Green on 10/29/2020

COVID-19 has not only created a plethora of workplace safety, accommodation, and leave issues, it has also created new employee mobility challenges for employers: - How can employers maintain the “trade secret” status of...more

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Hiring & Firing › Involuntary Reduction in Force

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