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
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
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
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
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
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
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
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
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
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
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
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
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
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
I can't imagine why they would. In 2014, I blogged that IBM Corporation had made a conscious decision in its separation agreements to quit including the disclosures required by the Older Workers Benefit Protection Act....more
Can an employee assent to arbitration through inaction? A recent decision from the U.S District Court for the District of New Jersey in AT&T Mobility Services LLC v. Horowitz addresses the same arbitration agreement...more
We have found that the Older Workers Benefit Protection Act (OWBPA) is a source of confusion and misunderstanding for some of our clients. Even experienced HR professionals and in-house counsel have questions about what it...more
A recent district court opinion in Romero v. Allstate Insurance Company, et al., 2016 WL 2619853 (E.D. Pa. May 4, 2016), underscores that there is not a “one-size-fits-all” approach for employers seeking “knowing and...more
There are times when it makes sense to resolve an actual or potential employment law claim by paying something and getting a release from the employee. Paying severance in return for a release and waiver of claims isn’t...more
In Barnes v. The Hershey Company, No. 3:12-cv-01334, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California granted summary judgment to an employer on the age claims brought by several...more
Are you considering a reduction in force (RIF) that includes a severance package for employees? Are some of the employees included in the RIF over the age of 40? Before you take another step, make sure you know the...more
On February 7, 2014, the Chicago District Office of the Equal Employment Opportunity Commission brought suit in the U.S. District Court for the Northern District of Illinois against CVS Pharmacy, Inc., claiming that a...more
The Facts - I represent a national company with operations in California. A former employee recently filed a lawsuit against them in a California state court. After negotiating with opposing counsel, the parties...more
A Ninth Circuit opinion, Harmon v. Johnson & Johnson, held that a release of claims that did not comply with the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”),...more
EEOC Position Statement Comes Back to Bite Employer in Civil Lawsuit - In Kwan v. Andalex Group, LLC, the Second Circuit (covering New York, Connecticut and Vermont) considered the impact of prior inconsistent...more