Reductions in Force and Layoff Alternatives: Minimizing Employer Liability

Best Practices to Ensure Compliance with WARN, ADEA and FLSA

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Thursday, September 3, 2009
Recorded event now available


This seminar will outline best practices for employers' counsel planning and implementing reductions in force and alternatives to layoffs. The panel will discuss key considerations to minimize liability exposure under a complex variety of federal and state employment laws.

Description

Reductions in force (RIFs) have become a routine part of business in the past year. Employers find RIFs daunting, both in dealing with employee issues and protecting the company from legal liability. A dramatic increase in WARN lawsuits over the past year has only intensified employer fears.

Employers are also showing more interest in alternatives to layoffs—including furloughs, work share programs, incentives for taking time off involuntarily and part-time work schedules. Legal advisors are increasingly called on to weigh in on the wage and hour implications of such arrangements.

Attorneys advising and representing employers must fully understand the potential liability for RIFs gone wrong to advise employers on policies and procedures that will minimize the legal risks of conducting layoffs or implementing other cost-saving alternatives.

Listen as our panel of experienced employment attorneys offers strategies for planning and executing RIFs and layoff alternatives to avoid or minimize employer liability under WARN, ADEA, FLSA and other federal and state employment laws.

Outline

  1. Alternatives to reductions in force (RIFs)
    1. Reducing costs of active workforce
    2. Reducing workforce short of a RIF
    3. Pros and cons of such approaches
  2. Planning a RIF
    1. Impact of recent U.S. Supreme Court decisions
    2. Impact of age discrimination laws and court decisions
    3. Best practices for RIFs
  3. WARN Act Issues\Employee release agreements
    1. Federal WARN Act problem areas
    2. Employee release agreements

Benefits

The panel will review these and other key questions:

  • What steps should an employer take during the planning and execution of a reduction in force to protect the company against liability for discrimination, WARN and wage and hour violations?
  • What wage and hour concerns are implicated by alternatives to layoffs?
  • What are some best practices for drafting employee releases that will withstand court scrutiny?

Faculty

Robert W. Ashmore, Partner
Fisher & Phillips, Atlanta

He represents employers in labor and employment law and has extensive experience handling reductions in force. He is a frequent speaker on labor and employment law topics.

David J. Murphy, Partner
Morrison & Foerster, Palo Alto, Calif.

He represents management regarding the employment aspects of mergers, acquisitions, restructuring and outsourcing; wrongful termination; discrimination; and "whistleblower" and harassment claims.

Karen G. Schanfield, Attorney
Fredrikson & Byron, Minneapolis

She represents and advises employers in all aspects of labor and employment law. She is a frequent lecturer and author on employment law topics.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
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Online CLE Audio $149.00
Available 24 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

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Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

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Customer Reviews

The seminar was very well-organized, managed excellently and informative.

Julia Szadkowski

Equifax Canada Inc.

The subject matter presented was very relevant to my practice.

Nineveh Alkhas

Neal, Gerber & Eisenberg

Another great job by Strafford!

Jessica Brown

Gibson Dunn

The teleconference addressed a highly relevant topic that recurs in my practice. The subject matter was very timely and informative.

Saleem Moghal

Paul Hastings Janofsky & Walker

Good handouts and up to date references.

Andrew Davis

Lieben Whitted Houghton Slowiaczek & Cavanagh

or call 1-800-926-7926

Employment & ERISA Advisory Board

Barbara E. Hoey

Partner

Littler Mendelson

Jeffrey Hollingsworth

Partner

Perkins Coie

Marcia Nelson Jackson

Partner

Wick Phillips

Paul J. Kennedy

Shareholder

Littler Mendelson

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Teresa R. Tracy

Partner

Gladstone Michel Weisberg Willner & Sloane

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

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