Last month, I highlighted a federal case in Connecticut where the court threw out an age discrimination claim because the evidence presented by the employee was not strong enough to survive a summary judgment claim. A new federal court case however has allowed an age discrimination claim to proceed even while noting that while the… Continue Reading
Tag Archives: rif
Quick Hits: DPUC’s Ban on Personnel Decisions, Title VII Deadlines, Two Member NLRB Panels, Arbitrations, SCOTUS
Posted in Discrimination & Harassment, Labor Law & NRLB, Laws and Regulations, Legislative Developments, LitigationAnother manic Monday. So it’s time to roll out another edition of quick hits where I highlight stories you might have missed over the last week or two. Today’s Hartford Courant reports on a move by the DPUC to prohibit some companies from laying off workers. My law partner, Joshua Hawks-Ladds — who is also chair… Continue Reading
Get Up Early to Listen to CBIA Business Minute (Or Listen to It Online)
Posted in CHRO & EEOCThe Connecticut Business and Industry Association takes a minute every day to share information that is relevant to businesses across the state. Of course, because that minute airs at 5:59 a.m. on WTIC-AM (1080), you may miss it from time to time. Starting Monday, however, you’ll be able to listen to a series of interviews… Continue Reading
Mandatory Furloughs – The Risks of Using Them in Connecticut
Posted in Human Resources (HR) Compliance, Wage & HourOne of the latest fads in employment law has become a peculiar side effect of this recession — the increase in the use of mandatory furloughs. What are they? Well, in simple terms, they are orders from an employer to an employee that they take a day (or multiple days) off without pay. In doing so,… Continue Reading
Reducing Risks in a Reduction in Force – Is There a Perfect Solution
Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) ComplianceAddressing the legal risks associated with a reduction in force (or "RIF") has long been a topic on this blog. In fact, looking in my crystal ball way back in January 2008, I suggested that it would the hot topic before years’ end. Flash forward to the present, and the headlines continue to be dominated… Continue Reading
From the CBIA Conference: Difficult Times Present Challenges But Also Opportunities
Posted in Human Resources (HR) ComplianceAt a CBIA seminar yesterday where I spoke, several speakers discussed the challenges that exist for companies in these economic times. One CBIA economist projected that the current recession will not bottom out in Connecticut until late summer or fall 2009. But the times also present opportunities, as well, the speakers said. Indeed, now may be the… Continue Reading
Develop Innovative Alternatives To Layoffs, Suggests Wharton School Article
Posted in Human Resources (HR) ComplianceFor anyone who watched 60 Minutes last night, you know that there is a great deal of pessimism out there about how quickly this recession will end. Employers are struggling to control costs and keep layoffs to a minimum. A new, thoughful article by the Wharton school suggests that employers be innovative in their approaches… Continue Reading
Quick Takes: Twitter for HR/Employment Law, RIFs, Parties, EFCA & Performance Reviews
Posted in Human Resources (HR) ComplianceAs is typical for December, everyone is starting to wrap up for year end and the amount of substantive items to report on slows to a trickle. Thus, it’s time for some short items on a variety of employment law and HR-related topics. I’ve started microblogging at Twitter. Don’t know what Twitter is? There’s a… Continue Reading
Separation Agreements: How Much Severance is Appropriate in Exchange for a Release?
Posted in Human Resources (HR) ComplianceWith all the talk about layoffs, separation agreements have moved front-and-center to the discussion on how companies can reduce their liability exposure. But how much severance should a company offer to its employees when laying them off? There is, of course, no set rule in Connecticut — or the United States — on how much severance… Continue Reading
Job Losses Likely to Increase In Connecticut; Lawsuits Soon to Follow?
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, LitigationThe headlines over the weekend for Connecticut have not been kind. Two were particularly striking. First, the Courant ran a story entitled "Sizable Job Losses Expected in State". The second was a story about the expected closing of The Goodwin Hotel, one of Hartford’s premier hotels. Both indicate a local economy that is teetering between… Continue Reading
Stocks Tumble and Layoff-Related Search Terms Increase: Coincidence?
Posted in Human Resources (HR) ComplianceWith the cable news shows tracking the stock market like the latest sports scores ("it’s down…no it’s really down!), there is little doubt that the public and companies are all feeling some anxiety. So, I decided to take a look at some of the blog statistics to see if I could discern any patterns. While… Continue Reading
Five Laws and Issues Employers Should Think About In This Credit Crunch and Economic Crisis
Posted in Human Resources (HR) Compliance, Laws and RegulationsThe headlines this week, particularly to those in Connecticut, sound an ominous tone. Foxwoods announces layoffs of 700. And this morning, a new government report came out showing that employers shed nearly 160,000 jobs. Where will this all lead? That’s the $1 trillion dollar question that is on everyone’s mind. But in the meantime, there… Continue Reading
FROM THE ABA LABOR & EMPLOYMENT CONF: RIFs and Layoffs (or, When Bad Things Happen to Good People)
Posted in Human Resources (HR) ComplianceOver the next few days, I’ll be filing posts about the ABA Labor & Employment Law Conference held in Denver from September 10-13 (my plans to post live ran afoul of some firewalls that labelled my site a "weapons" site. Who knew?) With the unemployment rate at its highest levels in several years, it was… Continue Reading
Negotiating Severance Agreements: What Advice is Being Given to Employees?
Posted in Human Resources (HR) ComplianceIn this job environment, companies are tending to use severance agreements as a way to limit their exposure to lawsuits down the road, and part ways with employees on as amicable a basis as possible. I’ve previously written some the legal issues that arise with layoffs and severance agreements. But often times, the agreements are… Continue Reading
“Layoffs, RIFs and WARN, Oh My!” – Part II, The Basics of the WARN Act
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourEarlier this week, I discussed the benefits of providing notice to employees who may be affected by mass layoffs and plant closings, by complying with the Worker Adjustment and Retraining Notification (WARN) Act. But what exactly does the WARN Act require and who is covered? Here are some basic answers to some basic questions. As… Continue Reading
Quick Updates: Ethics Case, Minimum Wage, NASCAR lawsuit, OWBPA and “Decisional Units”
Posted in Laws and Regulations, Legislative Developments, LitigationJust time enough for some short updates on various posts from the last few weeks. You may recall a few weeks ago that the Governor vetoed a bill which would have increased the minimum wage in Connecticut to $8/hour in January 2009. While there has been talk of a possible override session, it’s difficult to get the… Continue Reading
Drafting Separation Agreements: How to “Take Off” with OWBPA and ADEA
Posted in Human Resources (HR) Compliance, Laws and RegulationsFor employers, providing employees with a separation agreement may be one of the best ways for a company to minimize their risk of litigation from the termination of that employee. But an agreement, it is often said, is only worth the paper it is written on, if it meets certain legal requirements. Just like pilots… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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