News & Analysis as of

Severance Agreements

Bradley Arant Boult Cummings LLP

Executive Contracts: What’s Common and What to Look For

For both employers and executives, having a well-drafted executive employment agreement is key to defining the relationship between an employer and one of its most important employees. The contract also sets the parties’...more

Verrill

Orabona v. Santander: The Importance of ERISA Status for Severance Plans

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Severance plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) must satisfy certain compliance requirements, but federal law affords employers significant advantages in the event a...more

Foley & Lardner LLP

Considering a Reduction in Force? Some Preliminary Considerations

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Employers sometimes find it necessary to make the difficult decision to undergo a reduction-in-force (RIF), resulting in employee layoffs and/or terminations. Before moving forward with an RIF, employers should develop an...more

Fisher Phillips

Trump Names New Labor Board Nominees: The 5 Cases That Could Soon Reshape the Law

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After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant...more

Felicello Law PC

Congratulations On Your New Role: Here’s How to Protect Yourself Legally

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If you have recently obtained a new position in the C-Suite, you are aware that the new position brings prestige, authority, and opportunity. But you may not be aware that as an officer of a company, you have also increased...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Foley & Lardner LLP

Tricky Compliance Issues for Companies When an Executive Terminates Employment: 409A Applicability to Severance

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Executive employment relationships are rarely permanent. When an executive or other senior-level employee terminates employment, companies often must deal with difficult tax, equity, and benefits issues that arise in...more

FordHarrison

New York Lawmakers Consider Progressive Reforms to Severance Agreements

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The New York State Senate passed the “No Severance Ultimatums Act” (“the Act”), which, if enacted, “prevents employers from giving coercive ultimatums to employees or former employees relating to such employee's severance...more

Morgan, Brown & Joy, LLP

Massachusetts Supreme Judicial Court Clarifies Scope of Massachusetts Noncompetition Agreement Act

On Friday, June 13, 2025, the Massachusetts Supreme Judicial Court issued its decision in Miele v. Foundation Medicine, Inc., SJC-13967, holding that forfeiture clauses tied to non-solicitation agreements were definitively...more

Offit Kurman

Handling References and Referrals While Safeguarding Your Business

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In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger discuss important considerations for employers regarding employee references and referrals. Businesses need a centralized response system and a...more

Mandelbaum Barrett PC

Pending Legislation in New York May Give Added Protection to All Workers Presented with Severance Agreements

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The New York State Senate recently passed the No Severance Ultimatums Act (the “Act”) which would substantially change the law with regard to how employers pay severance to their employees working in New York....more

Kelley Drye & Warren LLP

The New York State Legislative Push for Minimum Review Periods in Severance Agreements

Employers are already familiar with the age-related requirements of federal law applicable to an employee’s release of claims if the employee is 40 or older: they have up to 21 days to consider the release, and seven...more

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

Considerations for Life Sciences Employers When Planning Reductions in Force

Life sciences employers have been impacted by various market forces in the last several years, and the recent economic turbulence is only adding to the challenges they face....more

Foley & Lardner LLP

Tricky Compliance Issues for Companies When an Executive Terminates Employment: Executive Severance Plans

Foley & Lardner LLP on

Executive employment relationships are rarely permanent. When an executive or other senior-level employee terminates employment, companies often must deal with difficult tax, equity, and benefits issues that arise in the...more

Mintz

Restrictive Covenants in Private Equity Transactions

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Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more

Farella Braun + Martel LLP

New York Legislature Looking to Expand Restrictions on Severance Offers

The New York legislature may soon pass the “No Severance Ultimatums Act,” which would require all employment severance agreements except those negotiated through collective bargaining to include (1) a 21-business day review...more

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

Canada Implements Temporary Employment Insurance Measures Responsive to Economic Impacts of Trade War

The federal government of Canada recently amended the Employment Insurance Act, implementing temporary measures to address the economic impacts of tariffs imposed by the United States. ...more

Offit Kurman

Ensuring Success with Executive Agreements

Offit Kurman on

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of executive employment agreements for key employees such as CEOs, CFOs, and COOs. They cover why these...more

Foley & Lardner LLP

Taming the Tariffs: Employee Benefit Issues for Employers During Times of Economic Uncertainty – Group Employee Terminations

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Many companies are scrambling to quickly assess how to reduce the business impact of the upheaval to U.S. manufacturing and trading with the recent onslaught of tariffs threatened or imposed by the United States and the...more

Maynard Nexsen

An Employer’s Guide to Employee Separations

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Employee separations are a common aspect of doing business. When facing an employee separation, employers may find themselves asking, in the words of Boyz II Men, “How do I say goodbye to what we had?” Whether the...more

Ervin Cohen & Jessup LLP

To Sever or Not to Sever, That is the Question For Courts Reviewing Employment Arbitration Agreements for Enforceability

Less than a year ago, the California Supreme Court in Ramirez v. Charter Communications, Inc. opined, in the context of employment arbitration agreements, that there is no bright line rule that requires a court to refuse...more

Troutman Pepper Locke

2025 NLRB Forecast: What Employers Should Expect Under President Trump's Administration

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On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was...more

Epstein Becker & Green

No Ultimatums: New York State Lawmakers Contemplate New Mandatory Provisions for Severance Agreements

On March 4, 2025, the New York Senate passed Senate Bill S372 (the “No Severance Ultimatums Act” or “S372”)....more

Seyfarth Shaw LLP

Not Fooling Around: Critical New York State Legislative Updates for Employers as April Begins

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During the first quarter of 2025, the New York State legislature and Governor Kathy Hochul have been actively advancing several initiatives that – if passed and signed – will require New York employers to adapt their policies...more

Davis Wright Tremaine LLP

New York Assembly Considering Bill To Create Consideration and Revocation Periods for All Severance Agreements

New York employers should be aware of the potential need for changes to their separation agreements that would require consideration and revocation periods for all employees, regardless of age. The New York State Senate...more

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