Book

Reductions in Force in Employment Law, Second Edition

This is a complete guide to workforce reductions, fully covering the issues that arise in the planning, implementation, and post-reduction phases. The treatise analyzes discrimination law issues, complex disclosure and other issues attendant to releases of ADEA claims, ERISA and non-ERISA benefit plan issues, tax considerations, and much more.

Price: $475.00 Book


Description

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 features revised material addressing significant developments including:

  • 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

SUMMARY OF CONTENTS

Ch. 1 - Getting Started 

Ch. 2 - Layoffs 

Ch. 3 - Exit Incentives 

Ch. 4 - RIF Benefits 

Ch. 5 - Whether (and How) to Seek a Release 

Ch. 6 - Financial Considerations for Employers 

Ch. 7 - Outplacement

Ch. 8 - Communications About Work Force Reductions 

Ch. 9 - Retention Plans and Terminal Leave Programs 

Ch. 10 - The WARN Act and Similar State Laws 

Ch. 11 - ADEA Impact of RIF Program Design 

Ch. 12 - ERISA 

Ch. 13 - Tax Code–Related RIF Program Design Considerations 

Ch. 14 - Golden Parachute Penalties 

Ch. 15 - Taxation of RIF Benefits 

Ch. 16 - Amendment or Termination of RIF Benefit Plans 

Ch. 17 - RIF Benefits Litigation 

Ch. 18 - Collective Bargaining Issues 

Ch. 19 - Wage/Hour Implications of Reducing Work Time and Pay 

Appendices / Glossary / Table of Cases / Table of Statutes / Index

Authors

Bloomberg Law authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

Ethan Lipsig is a retired partner at Paul Hastings LLP, Los Angeles, CA.

 

Mary C. Dollarhide is an employment law partner at DLA Piper LLP, San Diego, CA.

 

Brit K. Seifert is an attorney with Paul Hastings LLP, San Diego, CA.

 

Contents

View full tables of contents and read the book’s preface or introduction.

Reviews

Read what others have to say about this Bloomberg Law title.

"This is an essential reference for any business engaged in work force reductions, or law firm involved in their representation. [It] analyzes the leading employment-related issues that arise in the context of work force reductions, including planning and preparation, implementation, and steps taken in the days and weeks following the announcement and rollout of such business restructurings.”

Kendall F. Svengalis

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