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Layoffs Employer Liability Issues

BakerHostetler

Whether Buyer or Seller: Heed This WARNing

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One often forgotten consideration in many mergers and acquisitions is the Worker Adjustment and Retraining Notification Act of 1988 (WARN Act). Whether you are a buyer or a seller, you should consider whether the WARN Act...more

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

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This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

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Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

Husch Blackwell LLP

The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv

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Labor Law Insider host Tom Godar engages in a lively discussion with guests Trecia Moore, Megann McManus, and Terry Potter regarding remedies in matters involving unfair labor practice charges. The centerpiece of our...more

Kaufman & Canoles

[Event] 40th Annual Employment Law Update - July 16th, Hampton, VA

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Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

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

The New Jersey Mini-WARN Act Amendments - One Year Later

One year has passed since sweeping amendments to the New Jersey mini-WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) (NJ WARN) took effect on April 10, 2023. Mass layoff...more

Jackson Lewis P.C.

WARN Act Issues to Navigate for the Restaurant Industry

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Restaurants’ plans for temporary or permanent closures or layoffs could trigger the notice requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act) or the many state mini-WARN Acts enacted...more

Gray Reed

Surging Construction Job Vacancies Signal Need to Reevaluate Labor Practices

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According to a recent ConstructionDive.com article, construction job openings soared in January 2024 marking over a 40% increase from the same period in 2023. Essentially there were approximately 120,000 more construction job...more

Littler

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

Fisher Phillips

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

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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

Bricker Graydon LLP

Is Remote Work ‘Protected’?

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We’ve been discussing the various implications of the current ‘return to work’ push. Another implication is layoff decisions and the potential for disparate impact on remote workers, who tend to disproportionally be women and...more

Fisher Phillips

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

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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

Maynard Nexsen

Compliance with WARN for Remote Workers

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Assignment of remote workers under the Worker Adjustment and Retraining Notification Act (WARN) is a complex and unsettled issue, which could be subject to legal challenge. WARN requires employers to provide written notice at...more

DirectEmployers Association

OFCCP Week In Review: December 2023 #2

Tuesday, December 5, 2023: JOLTS Report – Job Openings Decreased by 617k in September, Rate Decreased to 5.3% - Confirming that the U.S. jobs market is continuing to shrink (as the Federal Reserve hopes to help tame...more

Mintz

Can AI Provide the Magic Medicine for Corporate Cutting?

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Spotify announced this week, through a very public memo to its employees, its plan to layoff about 17% of its workforce. In so doing, Spotify joins a number of other technology companies that have recently announced...more

Hogan Lovells

Nouveautés sur l’information des salariés, l’épargne salariale et les licenciement économiques

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Notre équipe sociale fait le point sur les actualités du mois d’octobre : de la publication du décret relatif aux nouvelles informations que l’employeur doit délivrer aux salariés aux trois arrêts relatifs à la conclusion...more

CDF Labor Law LLP

Navigating Employee Vacation Pay and Accrual in California: A Guide for Employers

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As reported in last month’s CDF Wage & Hour Task Force blog post, a recent Ninth Circuit panel in Harstein v. Hyatt Corporation, held that employees who were “laid off” at the beginning of the COVID-19 pandemic, March 2020,...more

Parker Poe Adams & Bernstein LLP

Private Equity Firm's De Facto Control Over Employer May Lead to Liability Over Termination Notices

As with many federal labor laws, the Worker Adjustment and Retraining Notification (WARN) Act imposes obligations on employers. In most situations, the employer is the entity listed on the employees’ W-2. However, in some...more

CDF Labor Law LLP

Governor Newsom Unexpectedly Vetoes a Number of Pro-Employee/Pro-Union Bills

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Later this month, we will report on all the new employment-related laws that California has enacted for 2024. However, this article focuses on the bills that Newsom vetoed. Some of these are a bit of a surprise...more

Thomas Fox - Compliance Evangelist

Employment Separation: A Compliance Centric Approach

Welcome back to our blog series on building a more effective compliance program! In today’s episode, we dive into the challenges compliance professionals face when dealing with employment separation, layoffs, and managing...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Fox Rothschild LLP

In Latest Pro-Labor Rulings, NLRB Sharply Curtails Management’s Ability to Change Union Workers' Employment Terms

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In a pair of decisions issued on Aug. 30, 2023, the National Labor Relations Board (NLRB) established new, restrictive standards for evaluating when a unionized employer may avoid bargaining over changes to employees’ terms...more

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

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This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Cooley LLP

New York State Amends Its WARN Act Regulations

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At the end of June 2023, the New York Department of Labor (DOL) issued final amended regulations to the state’s Worker Adjustment and Retraining Notification (NY WARN) Act. The amendments, which are now effective, impose...more

Faegre Drinker Biddle & Reath LLP

New York State DOL Issues Amended WARN Regulations

The New York State Department of Labor (NYS DOL) amended its Worker Adjustment and Retraining Act (NY WARN) regulations, which took effect on June 21, 2023. Both NY WARN and its federal counterpart require covered businesses...more

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