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NLRB Readopts 2020 Joint Employer Rule, Sunsets Biden Rule

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Securities and governance litigation insights

Appropriately preparing management, aligning Human Resources and Legal Departments and ensuring protocol around these changes in your workforce requires experienced legal counsel to help ensure compliance, minimize exposure, and adherence to Federal and State WARN laws. We partner with employers in order to strategically evaluate and assess this process based upon their workforce size and locations to help determine their risks when needing to implement a change in their workforce.

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<p>Appropriately preparing management, aligning Human Resources and Legal Departments and ensuring protocol around these changes in your workforce requires experienced legal counsel to help ensure compliance, minimize exposure, and adherence to Federal and State WARN laws. We partner with employers in order to strategically evaluate and assess this process based upon their workforce size and locations to help determine their risks when needing to implement a change in their workforce. </p>

Clients trust us to help them navigate these decisions and avoid any interruption to the company’s day-to-day productivity.

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In a village of La Mancha, the name of which I have no desire to call to mind, there lived not long since one of those gentlemen that keep a lance in the lance-rack, an old buckler, a lean hack, and a greyhound for coursing.

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<p>Clients trust us to help them navigate these decisions and avoid any interruption to the company’s day-to-day productivity.</p>

Advice and Counsel on RIFs, Layoffs and Reductions in Force

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<h5 class="wp-block-heading">Advice and Counsel on RIFs, Layoffs and Reductions in Force</h5>


We counsel employers of all sizes and industries in this area:

<p>We counsel employers of all sizes and industries in this area:</p>

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<li>Conducting disparate impact analyses for clients undergoing layoffs/furloughs to minimize risks of discrimination claims resulting from said layoffs/furloughs.</li>



<li>Assisting clients with determining whether they have a justifiable business case for deciding whom to terminate, and ensuring that unlawful reasons are not part of the decision-making process.</li>



<li>Preparing legally-required written notices to employees regarding layoffs/furloughs.</li>



<li>Preparing legally-compliant separation agreements, in accordance with applicable states/local laws.</li>



<li>Drafting multi-state separation agreements, with consideration towards state-specific requirements for identifying state laws in releases, as well as state law requirements for releasing unknown claims, required limitations on the scope of clauses relating to releases, confidentiality, and disclosure of unlawful employment practices, state law consideration and revocation periods, and state law disclosure requirements. This includes the review of no rehire clauses, and payment of accrued unused vacation.</li>
</ul>


Conducting disparate impact analyses for clients undergoing layoffs/furloughs to minimize risks of discrimination claims resulting from said layoffs/furloughs.

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<li>Conducting disparate impact analyses for clients undergoing layoffs/furloughs to minimize risks of discrimination claims resulting from said layoffs/furloughs.</li>

Assisting clients with determining whether they have a justifiable business case for deciding whom to terminate, and ensuring that unlawful reasons are not part of the decision-making process.

<li>Assisting clients with determining whether they have a justifiable business case for deciding whom to terminate, and ensuring that unlawful reasons are not part of the decision-making process.</li>

Preparing legally-required written notices to employees regarding layoffs/furloughs.

<li>Preparing legally-required written notices to employees regarding layoffs/furloughs.</li>

Preparing legally-compliant separation agreements, in accordance with applicable states/local laws.

<li>Preparing legally-compliant separation agreements, in accordance with applicable states/local laws.</li>

Drafting multi-state separation agreements, with consideration towards state-specific requirements for identifying state laws in releases, as well as state law requirements for releasing unknown claims, required limitations on the scope of clauses relating to releases, confidentiality, and disclosure of unlawful employment practices, state law consideration and revocation periods, and state law disclosure requirements. This includes the review of no rehire clauses, and payment of accrued unused vacation.

<li>Drafting multi-state separation agreements, with consideration towards state-specific requirements for identifying state laws in releases, as well as state law requirements for releasing unknown claims, required limitations on the scope of clauses relating to releases, confidentiality, and disclosure of unlawful employment practices, state law consideration and revocation periods, and state law disclosure requirements. This includes the review of no rehire clauses, and payment of accrued unused vacation.</li>

<ul><li>Conducting disparate impact analyses for clients undergoing layoffs/furloughs to minimize risks of discrimination claims resulting from said layoffs/furloughs.</li><li>Assisting clients with determining whether they have a justifiable business case for deciding whom to terminate, and ensuring that unlawful reasons are not part of the decision-making process.</li><li>Preparing legally-required written notices to employees regarding layoffs/furloughs.</li><li>Preparing legally-compliant separation agreements, in accordance with applicable states/local laws.</li><li>Drafting multi-state separation agreements, with consideration towards state-specific requirements for identifying state laws in releases, as well as state law requirements for releasing unknown claims, required limitations on the scope of clauses relating to releases, confidentiality, and disclosure of unlawful employment practices, state law consideration and revocation periods, and state law disclosure requirements. This includes the review of no rehire clauses, and payment of accrued unused vacation.</li></ul>

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<section class="wp-block-contentpilot-expand-more"><div class="wp-block-contentpilot-expand-more__excerpt is-visible" data-selector="expand-more"><p></p></div><div class="wp-block-contentpilot-expand-more__full-content" data-selector="expand-more"><p>Clients trust us to help them navigate these decisions and avoid any interruption to the company’s day-to-day productivity.</p><h5 class="wp-block-heading">Advice and Counsel on RIFs, Layoffs and Reductions in Force</h5><p>We counsel employers of all sizes and industries in this area:</p><ul><li>Conducting disparate impact analyses for clients undergoing layoffs/furloughs to minimize risks of discrimination claims resulting from said layoffs/furloughs.</li><li>Assisting clients with determining whether they have a justifiable business case for deciding whom to terminate, and ensuring that unlawful reasons are not part of the decision-making process.</li><li>Preparing legally-required written notices to employees regarding layoffs/furloughs.</li><li>Preparing legally-compliant separation agreements, in accordance with applicable states/local laws.</li><li>Drafting multi-state separation agreements, with consideration towards state-specific requirements for identifying state laws in releases, as well as state law requirements for releasing unknown claims, required limitations on the scope of clauses relating to releases, confidentiality, and disclosure of unlawful employment practices, state law consideration and revocation periods, and state law disclosure requirements. This includes the review of no rehire clauses, and payment of accrued unused vacation.</li></ul><p></p></div><button class="wp-block-contentpilot-expand-more__more-button is-visible" data-selector="expand-more">View More</button><button class="wp-block-contentpilot-expand-more__less-button" data-selector="expand-more">View Less</button></section>

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Ronald G. Linville

Joseph C. Devine

Marc A. Antonetti

Todd H. Lebowitz

Daniel J. Guttman

Caroline M. Landt

Kevin W. Shaughnessy

Patrick M. Muldowney

James W. Seegers

Jeffrey R. Vlasek

M. Scott McIntyre

Sabrina L. Shadi

Jeremiah L. Hart

Nathan A. Schacht

Michael Parente

Amy J. Traub

Fanny A. Ferdman

Samuel E. Endicott

Carrie A. Valdez

Shareef Farag

Eric L. Barnum

Christian R. White

Nicholas D. Poper

Jason D’Cruz

Brian M. Harris

Ashley B. Guffey

Christopher M. Habashy

Sean P. Ryan

Erin M. Sales

Justin A. Guilfoyle

Sylvia J. Kim

Matthew C. Kane

Amy E. Beverlin

Kerri H. Sakaue

Adama K. Wiltshire

Matthew C. Berger

Hillary L. Freesmeier

Ashlee C. Grant

Christian E. Vieira

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<ul>
<li>Advised national telecommunications conglomerate on position non-exempt and exempt reclassifications, corporate restructuring and reductions-in-force and drafting of applicable severance agreements</li>
<li>Advised professional sports team on restructuring and mass lay-offs during COVID-19 pandemic, including application of federal and state WARN Acts</li>
<li>Advised a national printing company on multi-location layoffs as well as incentive pay agreements for retained workers</li>
<li>Counseled a financial services company on office closing and resulting lay-offs, including WARN Act compliance</li>
<li>Providing numerous clients advice and counsel on the February 2023 NLRB McLaren decision and its impact on the inclusion of confidentiality and nondisparagement clauses in severance agreements, and whether or not to use them.</li>
<li>Counseled clients on implementing multi-state reductions on force in anticipation of sales, mergers, and changes in control.</li>
<li>Advised clients on compliance with the WARN Act and state mini-WARN Acts, including preparation of letters and required notifications.</li>
<li>Coordinated reduction in force of 60% of the workforce for a large corporation including strategizing timing, providing WARN notices when necessary, providing OWBPA compliant separation agreements, and preparing retention agreements for key employees.</li>
<li>Coordinated many business reorganizations resulting in a reduction in force by providing EEO analysis, severance packages, and OWBPA compliance.</li>
<li>Advised client regarding reduction in force as a result of the sale of a division of the company involving employees in multiple states.</li>
<li>Advised clients in hospitality and service industries regarding furloughs of employees during COVID-19 pandemic.</li>
</ul>


Reduction in Force (RIF) and Furlough Compliance

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