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Report Link Perils of Laoyffs, Reduced Workweeks and Other Payroll Reductions Measures.Vedder Price - November 20, 2009 Today's difficult economic and financial climate has many companies considering various cost-cutting measures, including layoffs, reduced workweeks, pay reductions and voluntary furloughs. These actions raise wage and hour questions that often are overlooked. The unwary employer may reduce payroll costs but wind up with a wage and hour lawsuit as a result. The good news is that a well-informed employer can avoid such risks. Report Link LAYOFFS: HOW TO AVOID DISASTER.Ballard Rosenberg Golper & Savitt - November 06, 2009 If you're like other employers, you feel pressure to cut costs while you wait out the economic recovery. But, if you see layoffs as an option in responding to that pressure, you must be careful. A single misstep can subject you to potentially ruinous claims from departing employees. Report Link Get Creative, Save Money: An Employer's Guide to Alternatives to Layoffs (pdf).Young Conaway Stargatt & Taylor, LLP - October 16, 2009 Companies, large and small, are announcing layoffs
everyday. According to the Department of Labor’s Bureau
of Labor Statistics (BLS), there were 2,227 mass layoff
actions in January 2009 involving over 230,000 workers.
If you are paying attention to layoff trends, however, you
will notice a growing favor for alternatives to layoffs.
Thinking creatively has always been a business necessity
and in this economic environment it is imperative for
companies to come up with new ways to cut labor costs
while maintaining a competitive edge. This article reviews
some alternatives to layoffs and how these alternatives
can have a greater impact on the bottom line than traditional
reductions in force. Report Link New Reduction in Force Checklist (pdf).Ogletree Deakins - October 13, 2009 Outlining proper steps. Report Link Caught in the Middle: Rising Unemployment Takes Its Toll on Older Managers.Knowledge@Wharton (Reg Required) - July 09, 2009 U.S. recessions since the oil crisis in the early 1970s each had their own special causes and victims, but they also had something in common: They were over relatively quickly. The current downturn, however, is deeper and already longer than any since World War II. This spells trouble for one especially vulnerable group -- managers in their 40s and early 50s. They tend to be more expensive than their younger counterparts; they may lack some of the high-tech savvy needed to succeed in a more efficient workplace; and they face a downsized job market that will stay that way much longer than usual. Report Link Planning to Make Layoffs? Here Are Some Key Benefits Issues to Consider.Fredrikson & Byron, P.A. - June 12, 2009 In this time of economic uncertainty, employment and benefits issues are topics biodiesel plant owners and industry participants must address. Among the myriad of legal and practical considerations are the impact of workforce adjustments on employee benefits, such as company’s retirement plans and COBRA obligations. Report Link Best Practices for Avoiding Age Discrimination Lawsuits and Claims in RIFs.Jackson Lewis LLP - May 04, 2009 Since the start of the recession in December 2007, 5.1 million jobs have been lost, according to March 2009 figures from the U.S. Department of Labor’s Bureau of Labor Statistics. Almost two-thirds (3.3 million) of losses occurred November 2008 through March 2009. Additionally, figures from the federal Equal Employment Opportunity Commission (EEOC) show that age-related discrimination allegations by employees are at a record high, vaulting 29% to 24,582 charges filed in the year ending September 30, 2008, up from 19,103 in 2007. While EEOC figures show overall employment discrimination complaints are also at a high (up 15% to 95,402 complaints), age-related complaints had the most remarkable increase. Report Link Planning and Implementing Reductions in Force.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - May 01, 2009 Both the global financial system and the U.S. economy are under incredible stress. Companies are seeking ways to survive. To save money, many are slashing costs by cutting their workforce, including through hiring freezes, voluntary retirement programs, temporary shutdowns, and reductions in force. A reduction in force ("RIF") should be a carefully planned and implemented program that identifies inefficiencies in a company's workforce and reduces, or eliminates, such inefficiencies. Report Link Exploring Options: Alternatives to RIF's.Elarbee, Thompson, Sapp & Wilson, LLP. - April 28, 2009 Pick up a newspaper or turn on the television and, undoubtedly, you will read or hear about a layoff. Unfortunately, layoffs are a reality in a bad economy. A layoff is not always necessary, however, and does not always produce the desired result – a better bottom line through reduced expenses. Report Link Are You Laying Off Employees or Planning To? Here Are Some Key Benefits Issues You May Need to Consider.Fredrikson & Byron, P.A. - April 20, 2009 There are many legal and practical issues surrounding workforce reductions, layoffs, and other cost containment measures such as furloughs, reduced work schedules, and compensation adjustment. In this time of economic crisis, our clients frequently seek our assistance in implementing the various alternatives for tightening the Company belt. Members of our Employment Law and Benefits Groups are pleased to assist in addressing both the legal and practical implementation of workforce adjustments. Past articles on the topic in this newsletter have focused on such areas as avoiding the potential for discriminatory impact, federal Worker Adjustment and Retraining Notification Act obligations, and other overall employer obligations. Among the myriad of legal and practical considerations are the impact of workforce adjustments on employee benefits, such as the Company’s retirement plan(s) and COBRA obligations. Report Link WHEN LAYING OFF WORKERS, BEING GENTLE COULD MAKE THE DIFFERENCE.Shaw Valenza LLP - March 16, 2009 The legal press is full of bad news regarding the economy's effect on law firms. Hardly a day goes by without news of layoffs and even the dissolution of firms considered to be robust just months ago. The same media have noted no shortage of employment law work, which is true for us and colleagues with whom I have spoken. Report Link Advice for Employers in This Difficult Economy.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - March 06, 2009 In today's difficult economic climate, many employers are considering ways to cut costs. Downsizing a work force or reducing contributions to 401(k) or similar retirement plans are common approaches. The employer should be aware of the implications of, and restrictions on, these actions. This focus addresses some common implications of these employer actions under the tax laws and the Employee Retirement Income Security Act of 1974 (ERISA) for "defined contribution" retirement plans. These are retirement plans in which participants have account balances, such as 401(k), profit sharing, money purchase pension and employee stock ownership plans. Report Link Half-a-Million Job Cuts: Is There a Strategy Behind the Layoffs?Knowledge@Wharton (Reg Required) - February 05, 2009 In a single week in January, corporations around the world laid off nearly 100,000 workers. Since September last year, more than half a million jobs have been eliminated, even at companies that were doing well some time ago. Report Link Reductions in Force – Immigration Tips for Employers (pdf).Vedder Price - February 02, 2009 In these tough economic
times, many employers are
reducing their workforces.
Companies that employ
foreign nationals have
additional obligations when
terminating employees in H-1B
(Specialty Occupation) status. Report Link Possible RIF Pitfalls For Employers.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - January 23, 2009 Economic conditions have led many employers to consider reductions in workforce (RIF). For some businesses, RIFs are a necessary step to weathering the economic storm. Employers considering a RIF should keep in mind several legal considerations when evaluating this difficult decision. Report Link Tips for a Layoff or Reduction in Force in Troubled Times.Jackson Lewis LLP - January 16, 2009 When laid-off workers have a difficult time finding a new job, they are more inclined to sue their former employers. Such suits may be more prevalent in the current economic downturn than in more prosperous times. Meanwhile, according to a recent Society for Human Resource Management (SHRM) poll of public and private company human resources executives, about 60% of employers are likely to institute layoffs in the next year, and 48% have done so in the past year. Report Link Furloughs and Reduced Hours: Cost-Cutting Strategies Other Than Layoffs.Littler Mendelson, P.C. - December 19, 2008 In these tough economic times, many employers have been compelled to let some employees go. Other employers need to cut costs but are looking for lawful alternatives to layoffs. Report Link As Layoffs Spread, Innovative Alternatives May Soften the Blow.Knowledge@Wharton (Reg Required) - December 12, 2008 Just how bad will the economy get? For employers facing tough decisions about layoffs, the question is far from rhetorical. If the current economic turmoil is contained sooner than expected, premature layoffs could be a disaster. If not enough employees are laid off and the recession continues, the company's bottom line could suffer. And in any scenario involving layoffs, morale among those employees remaining at the company is sure to plummet. Report Link As Layoffs Spread, Innovative Alternatives May Soften the Blow.Knowledge@Wharton (Reg Required) - December 01, 2008 Just how bad will the economy get? For employers facing tough decisions about layoffs, the question is far from rhetorical. If the current economic turmoil is contained sooner than expected, premature layoffs could be a disaster. If not enough employees are laid off and the recession continues, the company's bottom line could suffer. And in any scenario involving layoffs, morale among those employees remaining at the company is sure to plummet. Report Link Follow Proper Procedures for Reductions in Force (RIFs) to Protect Your Company During Economic Downturn.Constangy, Brooks & Smith, LLP - October 09, 2008 According to the Labor Department's monthly job reports, September has brought a record number of job losses and with the economic downturn, and more losses are predicted to follow in October and the months to come. Report Link Reducing Headcount Without Increasing Risk.Fisher & Phillips, LLP - September 09, 2008 In a slumping economy, the cost side of doing business comes under significant scrutiny in all industries. This is certainly no different for retailers, which are often the hardest hit in a recession economy. Given that labor is generally the largest or second largest expense for retailers, labor is one of the first areas targeted for cuts. But unlike reducing inventory, delaying expansion plans, or monitoring fuel use, when labor is cut, real people take the hit and sometimes they come back swinging. Report Link Navigating a Reduction in Force (pdf).Fredrikson & Byron, P.A. - August 27, 2008 No matter what you call it—a recession, a sluggish environment, or a
downturn—it’s clear that the economy is far from robust. Because job
losses are an inevitable part of any economic downturn, it is wise to plan
ahead, whether you believe your company will be able to weather the
storm successfully or you expect to face the painful task of cutting jobs. Report Link Downsizing: An Ounce of Prevention Versus a Ton of Litigation (pdf).Hughes Hubbard & Reed LLP - July 23, 2008 Seven-Figure Settlements Can Wipe Out Reduction-in-Force Savings. Report Link Layoffs and Litigation: What considerations can be taken when planning a RIF?Elarbee, Thompson, Sapp & Wilson, LLP. - July 22, 2008 In today's economic environment, many employers are facing the necessity of reducing their workforces to cut costs. According to the Bureau of Labor Statistics, in May 2008, 1,552 employers implemented mass layoffs involving 50 of more employees, resulting in a total of 159,471 employees being laid off. The number of mass layoffs was up sharply from the prior month. When employers implement reductions-in-force ("RIF"), however, they risk lawsuits from unhappy affected employees. Therefore, human resources professionals should take appropriate steps to reduce the likelihood of liability during a RIF. Report Link Navigating a Reduction in Force.Fredrikson & Byron, P.A. - March 31, 2008 No matter what you call it—a recession, a sluggish environment, or a downturn—it’s clear that the economy is far from robust. Because job losses are an inevitable part of any economic downturn, it is wise to plan ahead, whether you believe your company will be able to weather the storm successfully or you expect to face the painful task of cutting jobs. Report Link Planning A RIF? Read This First!Fisher & Phillips, LLP - May 29, 2007 In reductions in force (RIFs), most employers offer terminating employees extra pay in return for agreements releasing legal claims. The extra pay helps workers transition to new employment; the releases enable the employer to move forward without the risk of costly and distracting RIF-related litigation. In recent cases, however, RIF-ed employees have convinced federal courts to invalidate their release agreements. Report Link The Ins and Outs of Buyouts: Should Companies Offer Them? Should Employees Accept Them?Knowledge@Wharton (Reg Required) - April 20, 2006 When General Motors last month offered buyouts and early retirement packages to 113,000 hourly workers, the move focused new attention on a key aspect of the continually evolving relationship between employers and employees. Report Link Planning a RIF Means Drafting Releases That Comply with the Latest Interpretation from the EEOC and the Courts.Jackson Lewis LLP - July 20, 2001 A carefully drafted and validly executed waiver and release of claims provides an "insurance policy" of sorts shielding an employer from liability arising from the termination of employment. Report Link Claims Bound to Increase as a Faltering Economy Prompts Layoffs.Jackson Lewis LLP - May 01, 2001 Discusses increase likelihood for employment litigation due to economicy downturn; offers suggestions on alternatives to layoffs; provides tips on reducing litigation risks in the event of layoffs. Report Link reducing the workforce: a primer on avoiding legal snags.Fredrikson & Byron, P.A. - March 01, 2001 Offers strategy to reduce litigation risks when you decide to conduct a reduction in force (RIF).
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Employment Law Seminars
2010 Brings Many Important Changes to Workplace Laws – California Locations
Long Beach
February 9, 2010 Fisher & PhillipsSex Offenders, Terrorists and Video Resumes: How Far Can You Go to Get Information on Prospective and Current EmployeesPhiladelphia
February 9, 2010 LittlerSocial Media & HR (Delaware SHRM)Wilmington
February 9, 2010 Young ConawayCombatting Quickie ElectionsWebinar
February 9, 2010 Ford & HarrisonThe Davis-Bacon Act: Federal Construction Prevailing Wage RequirementsWebinar
February 10, 2010 ConstangyThe 2009-10 Legislative & Case Law UpdateDiamond Bar
February 10, 2010 LittlerHR AcademyAtlanta
February 10 & 11, 2010 Fisher & Phillips2nd Annual Employment & Labor LawWashington
February 11-12, 2010 Marcus Evans2010 Brings Many Important Changes to Workplace Laws – California LocationsLa Jolla
February 11, 2010 Fisher & PhillipsThe 2009-10 Legislative & Case Law UpdateDiamond Bar
February 11, 2010 Littler |
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