News & Analysis as of

Layoffs

Sixty-Day Grace Period for Nonimmigrant Workers after Loss of Employment

by Wilson Elser on

The U.S. Department of Homeland Security has promulgated a regulation affecting highly skilled foreign workers when they lose their jobs. The stated purpose of the regulation is to improve the ability of U.S. employers to...more

California WARN Act Notice Requirements Apply to Temporary Layoff

by Farella Braun + Martel LLP on

The California Court of Appeal has held that the California Worker Adjustment and Retraining Notice (WARN) Act requires that employers notify employees of temporary layoffs, even if anticipated to last less than six...more

Be Fore-WARNed: California Really Is Peculiar

by Seyfarth Shaw LLP on

Seyfarth synopsis: Companies contemplating a mass layoff must comply with the federal Worker Adjustment and Retraining Notification Act. In California, alas, companies must also consider the even more stringent requirements...more

You’ve Been Warned: California’s WARN Act Is Broader Than the Federal Warn Act

by Bryan Cave on

As with so many other situations involving California’s employment laws, its protection for California-based employees experiencing a job loss is broader than the protections under federal law. In The International...more

California’s WARN Act Applies to Temporary Layoffs

by Fisher Phillips on

A California appellate court has ruled that California’s WARN Act, which requires 60 days advance notice of “mass layoffs,” applies to temporary layoffs and furloughs. The case (Boilermakers Local 1998 v. Nassco Holdings,...more

Brazilian Labor Reform: Reshaping the Employer–Employee Relationship

by Jones Day on

The Situation: High unemployment rates, combined with an outdated Brazilian protectionist labor regime that imposed high costs on employers, created the opportunity for a new approach to labor regulation. The Result: Brazil...more

Short-Term Layoffs Require Advance Notice Under California WARN

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Like the Federal WARN Act, California’s WARN Act (Cal-WARN) requires employers to notify employees of certain covered layoffs that will affect them. The California Court of Appeal has now confirmed that...more

Employment Standards Code Changes are Effective January 1: Are You Ready?

by Field Law on

As outlined in our previous alerts, almost all of the changes to the Employment Standards Code (the “Code”) brought in by the Fair and Family-Friendly Workplaces Act come into effect on January 1, 2018. Employers should take...more

Third Circuit Rules That WARN Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not...

by Jones Day on

In Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule that a "probability standard"...more

Sweeping Changes to French Labor Laws Signal Employer-Friendly Future

by Fisher Phillips on

Today, the French labor market experienced the start of a power swing, from its historically employee-friendly labor regime to a more employer-friendly set of laws, intended to provide employers with greater flexibility in...more

Being the Bearer of Bad News – How to Handle an Employee Termination Meeting

by Bowditch & Dewey on

News that Anheuser Busch laid off approximately 400 workers in its so-called “The High End” division (that is, the group that is buying up craft brewers and brands) serves as the most recent reminder that the business...more

The Third Circuit Weighs In On The Warn Act

by Cole Schotz on

Short Summary- In In re AE Liquidation, Inc., 866 F.3d 515 (3d Cir. 2017), the Third Circuit answered two important legal questions under the Worker Adjustment and Retraining Notification Act of 1988 (the WARN Act). ...more

Hurricane Irma: 10 Challenges for Employers

by Littler on

Hurricane Irma shows no sign of relenting as it barrels toward Florida and the Southeast Coast of the United States. As noted in a prior Littler article about Irma, safety and security are the top priorities at this point....more

Employers Brace for Hurricane Irma

by Littler on

With many Americans still reeling from the devastation of Hurricane Harvey, the next storm is already approaching. Hurricane Irma, one of the strongest storms ever recorded, is approaching Puerto Rico and the U.S. Virgin...more

Release of Plans to Reform French Labor Law Makes Waves

by Littler on

French President Emmanuel Macron's boldest mission, reforming France's nearly untouchable labor laws, received mixed reviews as his plans went public late last week. The changes would promote negotiation at a company level...more

Without WARN-ing: Third Circuit Clarifies WARN Act's Unforeseen Business Circumstances Exception

by Jones Day on

Valera v. AE Liquidation, Inc., the Third Circuit Court of Appeals agreed with five other circuits in holding that WARN notice was not required where an external event outside the employer's control triggering layoffs was...more

Third Circuit Applies More Flexible Standard for WARN Exemption

The Third Circuit, in In re AE Liquidation, Inc., Case No. 16-2203 (3d Cir. Aug 04, 2017) held that the Debtors were not liable under the WARN Act for failing to warn employees of furloughs and layoffs until those furloughs...more

Three Tips for Handling the Difficult Decision to Downsize

by Dentons on

In a perfect world, law firms would always continue to grow and there would never be a need to reduce attorney or staff head count. However, with the changing market for legal services, many law firms have been forced to...more

Employment Law This Week: NLRB’s “Quickie Election” Rules, Layoff Doesn’t Violate FMLA, Plans Exempt from ERISA, Amended...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Thinking Of Shifting Your Retail Business Model? Consider This Your WARN-ing

by Fisher Phillips on

Though the internet has been in our lives for decades and online retailers are hardly a new concept, many brick-and-mortar retailers continue to evaluate the risks and benefits of moving away from the shop on the corner and...more

Labour and Employment Alert: Highlights of Bill 17: Alberta's Fair and Family Friendly Workplaces Act

by Field Law on

Bill 17: The Fair and Family-friendly Workplaces Act, was introduced in the Alberta Legislature on May 24, 2017. The Bill is part of the Government of Alberta’s efforts to ensure that “Alberta has fair, modern and...more

Day 15 of One Month to Better Compliance Through HR-Employment Separation Issues

by Thomas Fox on

Employment separation and layoffs can present some unique challenges for the compliance practitioner. Employees can use layoffs to claim that they were retaliated against for a wide variety of complaints, including those for...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

More Lessons from ESPN

As we previously noted, ESPN laid off approximately 100 employees last week. While ESPN may be the world-wide leader in sports, they do not appear to be the world-wide leader in handling terminations as evidenced by their...more

Termination of Employment in Ontario

by Dickinson Wright on

The cost of terminating the employment of an employee in Ontario depends upon a mixture of contract provisions, common law and statute. The rules under the Employment Standards Act, 2000 about the termination of employment...more

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