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Managing Your Workforce During Market Volatility: RIFs

Market volatility and other business disruptions can force employers to make difficult personnel decisions around reductions in force (RIFs). These may include reducing employee headcount, eliminating entire departments, hiring independent consultants or implementing hiring freezes to ease potential financial burden.

During this webinar in our series exploring best practices for workforce management in volatile markets, Pankit DoshiLisa Loesel and Saniya Ahmed offered strategies to follow when making restructuring decisions.

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Return to Work | Managing Your Workforce During Periods of Uncertainty

How can employers manage their workforces during periods of economic uncertainty? In this McDermott webinar, Lindsay Ditlow, Cristell Fortune, Abigail Kagan and Marjorie Soto Garcia offer perspective on the following topics:

  • Communicating the transition
  • The impact on contractual and other obligations
  • WARN Act, furloughs, layoffs and salary reductions
  • Strategies for unionized workforces

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California’s “Right to Recall” Law: What You Need to Know

On April 16, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 93 into law, a rehiring and retention law which requires employers in certain industries to make written job offers to employees who were laid off because of the impact of COVID-19. The law takes immediate effect and will remain in effect until December 31, 2024. Previously, some California cities adopted their own versions of local ordinances providing for a right to be recalled, including Carlsbad, Long Beach, Los Angeles, Oakland, Pasadena, San Diego, San Francisco and Santa Clara.

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How Do You Handle More Layoffs?

One round of layoffs is bad enough for rank-and-file morale. Subsequent layoffs can be even tougher on remaining employees, who may mourn the loss of their colleagues and wonder if they will be next. Employers can take steps to limit the damage and avert potential liability problems before and during the layoff process. Open communications before and after layoffs, to the extent possible, can help workers come to terms with the layoffs.

Under the Older Workers Benefit Protection Act, employees who are 40 years old or older are guaranteed time to think about whether or not to sign a release—21 days if only one person is being laid off, 45 days if two or more are laid off. After signing, they have another seven days to revoke the acceptance of the agreement.

When the release is signed in exchange for a severance package, the separation agreement must list the job titles and ages of all employees in the organizational unit, showing which are being laid off and which are not, explained Neil Capobianco, a McDermott partner in New York City, in a recent article by the Society for Human Resource Management (SHRM).

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