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About the Book

Reductions in Force in Employment Law, Second Edition, provides a comprehensive understanding of the key employment and employee benefit considerations that arise in a reduction in force. The material in this soup-to-nuts volume is presented in logical order, from the preliminary issues that arise when planning a workforce reduction, to its implementation, and to the issues arising in its wake. This treatise encompasses a wealth of information, including: careful analyses of discrimination law issues; the often complex disclosure and other issues attendant to releases of ADEA claims; ERISA and non-ERISA benefit plan issues; tax considerations, including an examination of golden parachute penalties; and litigation trends related to severance benefits and the amendment and termination of benefit plans used in the reduction-in-force context.

The Second Edition of Reductions in Force in Employment Law contains revised material addressing significant new developments, which include:

• How layoff selections can violate the federal Sarbanes Oxley Act and how the new federal Family and Medical Leave Act entitlements, effective as of January 2009, may impact layoff selections
• Innovative RIF benefit programs implemented in certain industries following the 2008 worldwide financial panic
• The American Recovery and Reinvestment Act of 2009 (ARRA), and specifically, the subsidy offered under ARRA to employers for COBRA premiums
• The furnishing of statistical information required under the Older Workers Benefit Protection Act (OWBPA) for valid releases of ADEA claims
• The federal Worker Adjustment and Retraining Notification Act (WARN Act) and all of its latest developments, as well as each analogous state WARN act
• Whether an employee lawfully may have amounts from severance payments invested in 401(k) plans or treated as deferred plan contributions

Learn more about the print version.

This book replaces Downsizing: Law and Practice.

• Summary Table of Contents
• Detailed Table of Contents
• Preface

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