Reductions in Force in Employment Law, 2nd Edition

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.