News & Analysis as of

Employer Liability Issues Furloughs Layoffs

Husch Blackwell LLP

Weak Demand Leads to Layoffs Among California Wineries: Navigating the Legal Risks of Cost-Cutting

Husch Blackwell LLP on

Recent studies indicate a steady decline in alcohol consumption in the United States over the past several years, following a global trend that has seen decreases in alcohol consumption from Ireland to India. Several factors...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

Fisher Phillips

Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

Fisher Phillips on

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

Parker Poe Adams & Bernstein LLP

Statistics on Average Age of Employees Selected for Reduction in Force Helps Reverse Dismissal of Discrimination Claim

Employers considering layoffs or other restructurings should carefully develop a plan for evaluating and selecting employees who will be affected by the changes. In many situations, age discrimination claims become a major...more

Akin Gump Strauss Hauer & Feld LLP

Effectively Managing Workforce Contraction in Turbulent Times

Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. In making plans for...more

McDermott Will & Emery

[Webinar] Return To Work Series: A New Age For Employers – Managing Your Workforce During Periods Of Uncertainty - October 18th,...

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Since the COVID-19 pandemic, employers across all industries have experienced various levels of labor imbalance. For many, this led to a boom in hiring. Now, employers are bracing for economic uncertainty, leading to...more

Steptoe & Johnson PLLC

WARN Act COVID-19 Lawsuits on the Rise

Recently, the attorneys responsible for filing a much-publicized Florida class action against Enterprise Rental Car alleging violations of the Worker Adjustment and Retraining Notification Act (“WARN”) struck again; this time...more

Fisher Phillips

What Employers Need To Know About California’s New Regional Stay Home Order

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California Governor Gavin Newsom just announced a Regional Stay Home Order on December 3 that could soon have a dramatic impact on businesses in the state. Unlike previous orders, the Regional Stay Home Order focuses on...more

Stoel Rives - World of Employment

Right To Recall Laws Continue To Proliferate Throughout California

The public health crisis caused by COVID-19 has caused lawmakers up and down California to consider new and previously unheard of ways to protect employees.  While most of these methods have involved protections for existing...more

Littler

AB 1731 Offers Much-Needed Reforms to California’s Work Sharing Program

Littler on

Signed into law on September 28, 2020, AB 1731 moves California’s work sharing program into the 21st century by mandating an online application process and specific deadlines for delivering claim forms. Work sharing is an...more

Fisher Phillips

UK Job Support Scheme Set to Begin in November 2020

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The UK government recently announced a new Job Support Scheme, which will replace the UK Coronavirus Job Retention Scheme (the “Furlough Scheme”) upon its expiration on October 31, 2020. The Furlough Scheme has been in place...more

Foley Hoag LLP

U.S. Department of Labor Revises Families First Coronavirus Response Act Regulations

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Responding to a recent New York federal court decision invalidating certain of its regulations interpreting the paid leave provisions of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL)...more

Perkins Coie

Variable Hour Employee Benefits Eligibility under COVID-19

Perkins Coie on

Are Employees Receiving a Lavish Gift This Holiday Season or an Unintended Lump of Coal in Their Stockings? COVID-19 has forced many employers to make unanticipated changes to their workforce, with many retailers rolling...more

Fisher Phillips

3 Steps To Make Sure Your COVID-19 Decisions Don’t Lead To Wrongful Termination Lawsuits

Fisher Phillips on

Employers across the country continue to be challenged with difficult decisions about their workforce in the wake of COVID-19, including decisions about employee layoffs and returning employees to the worksite. As businesses...more

Fisher Phillips

Employees Laid Off As A Result Of COVID-19 Ask Courts To Find Their Non-Compete Agreements Unenforceable

Fisher Phillips on

Since the onset of COVID-19 and the related business shut-downs, employers across the country have been forced to make the difficult decision to lay off or terminate many of their employees. Of the tens of millions who have...more

Fox Rothschild LLP

Hiring During The Pandemic: Employers Must Plan Defensively

Fox Rothschild LLP on

In meaningful numbers, employers across the U.S. who are rebuilding their workforces are being sued by employees not recalled from COVID furloughs and applicants not hired. Last week, I posted an Alert describing the risks to...more

Littler

Dear Littler: What Do We Do If We Cannot Bring Our Employees Back From Furlough?

Littler on

Dear Littler: At the start of the pandemic, our company—like countless others—had to furlough a number of our employees. We thought we’d be able to fully resume operations by the summer. Unfortunately, COVID-19 is still...more

Fox Rothschild LLP

NY Employers: WARN Notices May Be Required If Furloughs And/Or Layoffs Extend Beyond Six Months

Fox Rothschild LLP on

Considering that many furloughs and layoffs are approaching six months in length (and are likely to last longer), employers need to reassess whether they are now required to issue employment-related notices under New York...more

Brownstein Hyatt Farber Schreck

Have You Thought About ... Impending WARN Act Issues?

Furloughs and reductions in employee hours necessitated by the initial COVID-19 outbreak earlier this year may seem like a distant pandemic memory. At the time, many employers decreased labor budgets by furloughing their...more

Faegre Drinker Biddle & Reath LLP

Part 26 of “The Restricting Covenant” Series: COVID-19 Edition

The global COVID-19 pandemic continues to impact employers and their employees’ work activities in a variety of ways. Millions of workers have been terminated, laid off or furloughed. Companies have shifted to remote...more

Morgan Lewis

COVID-19: Furloughed Employees to Receive Full Notice and Redundancy Pay

Morgan Lewis on

The Department for Business, Energy & Industrial Strategy published a statement on 30 July announcing that furloughed employees will receive statutory redundancy pay based on their normal wages, rather than a reduced furlough...more

Fisher Phillips

Emerging Trends In COVID-19 Workplace Litigation

Fisher Phillips on

As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

Jackson Lewis P.C. on

Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more

Burr & Forman

Navigating the Minefield of Legal Challenges as Employees Return to Work

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Recalling Furloughed or Laid-Off Workers - Given phased reopening recommendations, social distancing requirements, and employees working remotely, employers may have to choose which employees to return to work first. ...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Employee Benefits Considerations When Conducting Furloughs and Layoffs

Williams Mullen on

Employee Benefits Partner Brydon DeWitt summarizes the differences between furloughs and layoffs and how each can impact employee benefits, such as 401(k) plans and group health plans....more

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