News & Analysis as of

Severance Pay Employer Liability Issues

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

BCLP

Abolition of MPF Offsetting Mechanism in Hong Kong

BCLP on

From 1 May 2025, in respect of Hong Kong’s MPF scheme, the MPF offsetting mechanism will be abolished, meaning that employers no longer will be able to use the accrued benefits of their mandatory contributions under the...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Littler

10 Things Employers Should Know About Korean Labor Law

Littler on

Korea is an important economy in Asia with significant business opportunities. Multinational companies engage workers in Korea in all industries – from manufacturing to technology to finance. It is important to realize,...more

Littler

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

Littler on

In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

Fisher Phillips

Despidos en Alemania: Guía legal para empresas provenientes de los Estados Unidos

Fisher Phillips on

Descubre los aspectos esenciales del proceso de despido en Alemania en nuestra guía legal para empresas estadounidenses. Conoce las estrictas leyes laborales, desde la necesidad de razones válidas para despedir hasta la...more

Fisher Phillips

Mastering Employee Terminations in Germany: A Practical Guide for U.S. Employers

Fisher Phillips on

Navigating Germany's strict termination and severance rules can be daunting for U.S.-based companies. Unlike in the U.S., German law requires valid reasons for termination, formal warnings, and strict adherence to notice...more

Freeman Law

Nothing is Forever | Texas Law and Considerations for Severance Pay and Agreements

Freeman Law on

All employment relationships end. That’s a fact. Sometimes, the employer decides to offer a severance package to the employee-to-be-separated. Severance agreements generally give the employer and employee a clean and...more

Stikeman Elliott LLP

The reasonable person test—When constructive dismissal becomes employee’s failure to minimize damage

Stikeman Elliott LLP on

On February 1, 2024, the Superior Court of Quebec decided that a senior executive with 35 years of service who had been constructively dismissed was not entitled to severance pay because he had declined the new position the...more

Mayer Brown

Guide to Employment Law in Hong Kong

Mayer Brown on

Overview - The primary piece of legislation, the Employment Ordinance (the “EO”), prescribes certain basic rights and protection for most employees. The EO applies to every employee engaged under a contract of employment...more

Mayer Brown

FGTS Digital to Begin Effective Operation in March 2024

Mayer Brown on

The Brazilian Ministry of Labor and Employment (“MTE”) described the Length of Service Guarantee Fund Digital (“FGTS Digital”) as “a set of integrated systems that will manage the various processes related to fulfilling the...more

Constangy, Brooks, Smith & Prophete, LLP

"Quiet firing": A bad idea

Better to have the courage of your convictions. I'm sure you've heard of "quiet quitting," when an unhappy employee does the bare minimum to get by and keep drawing a paycheck, but doesn't care much about the job beyond...more

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Poyner Spruill LLP

Legal Considerations When Downsizing Your Workforce

Poyner Spruill LLP on

With a weakening economy, many employers are now facing tough cost reduction decisions, which include possible separation of employees. Once it is decided to implement a reduction in force, the employer must make a further...more

Poyner Spruill LLP

Broad Confidentiality and Non-Disparagement Provisions in Release Agreements Subject to NLRB Scrutiny

Poyner Spruill LLP on

On February 21, the National Labor Relations Board (NLRB) issued an opinion with significant implications for confidentiality and non-disparagement provisions in employers’ severance and release agreements with departing...more

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

New Jersey’s Amended Mini-WARN Act FAQs, Part III: Liability Provisions, Penalties, and Preparing for the Effective Date

On January 10, 2023, Governor Phil Murphy signed legislation, which will become effective on April 10, 2023, amending the Millville Dallas Airmotive Plant Job Loss Notification Act—more commonly known as New Jersey’s...more

Saul Ewing LLP

The Amended New Jersey WARN Act is Finally Going Into Effect, Bringing Mandatory Severance and Other Big Changes to Mass Layoffs...

Saul Ewing LLP on

After nearly three years of waiting and speculation, the amended New Jersey WARN Act that was first signed into law in January 2020, will finally become effective on April 10, 2023....more

Troutman Pepper Locke

Significant Changes Are Coming to the ‎New Jersey WARN Act – ‎What Large Employers ‎Need to Know

Troutman Pepper Locke on

Most employers are generally familiar with the federal Worker Adjustment and Retraining Notification Act (“WARN”), which offers protection to workers by requiring employers to provide notice sixty (60) days in advance of...more

Fox Rothschild LLP

New Jersey WARN Act Amendments Set to Go Into Effect

Fox Rothschild LLP on

After much delay, the long-awaited amendments to New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN Act) will go into effect on April 10, 2023. As previously indicated, the January 2020...more

Fisher Phillips

New Jersey’s Significant and Expansive WARN Act Amendments Will Soon Go Into Effect: 4 Key Changes You Should Know About

Fisher Phillips on

Since January 2020, New Jersey employers have been watching and waiting for the effective date of key amendments to the state’s mass layoffs law – formally the Millville Dallas Airmotive Plant Job Loss Notification Act, but...more

McDermott Will & Schulte

Extended Notice and Required Severance: Impending Expansions to New Jersey’s WARN Act

On December 19, 2022, the New Jersey Senate passed Assembly Bill No. 4768 (A-4768), which, when effective, will implement a drastic expansion to New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN...more

Littler

Signed, Sealed, Delivered: New Jersey Implements Long-Delayed Landmark WARN Law

Littler on

On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists....more

Sheppard Mullin Richter & Hampton LLP

New Jersey Legislature Passes Bill to Set the Effective Date of Amendments to the New Jersey WARN Act

On December 19, 2022, the New Jersey Legislature passed a bill that, if signed by Governor Phil Murphy, would amend the effective date of amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Littler

New Jersey Edges Closer to Implementing Landmark WARN Law

Littler on

A bill advancing in the New Jersey Legislature would expedite the implementation of significant changes to the state’s WARN law. Back in January 2020, Governor Philip D. Murphy signed into law Senate Bill 3170, which...more

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