Reductions in Force: Strategies to Minimize Liability in Layoffs
Avoiding Inadvertent ERISA, Tax, and Labor and Employment Law Violations
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, June 30, 2009
Recorded event now available
This seminar will discuss the legal risks in employee benefits that must be analyzed prior to implementing a Reduction in Force (RIF). The panel will outline best practices for implementing layoffs to avoid penalties and litigation over benefits issues.
Description
A struggling U.S. economy means that reductions in force (RIFs) are becoming a business routine. Employers find RIFs daunting on many levels, particularly in dealing with employee benefits issues and ensuring strict compliance with requirements to avoid legal liability.
When laying off employees, employers must carefully consider the ERISA, tax, and labor and employment law implications of their decisions. Counsel can guide employers on adequate precautions to avoid inadvertent legal violations that can lead to employee lawsuits.
Listen as our authoritative panel of employee benefits attorneys explains the issues that must be considered prior to implementing a RIF and offers effective strategies for avoiding penalties and litigation arising from employee benefits decisions during layoffs.
Outline
- Pension plan considerations
- Anti-cutback rule for defined benefit plans
- Retroactive reductions or eliminations of defined contribution plans
- Partial plan termination/vesting implications
- Notice to participants
- Welfare benefits considerations (health plans, life insurance, disability plans)
- Notice to participants
- Union employees
- Public sector employees
- Making changes to plan design
- Voluntary benefits
- COBRA rules
- Miscellaneous benefits
- Unfunded benefits (vacation, sick leave, paid holidays, discount programs, mileage, tuition reimbursement)
- Government-mandated benefits (social security, workers comp, unemployment insurance)
- Severance benefits
- Best practices to avoid lawsuits and penalties
- Discrimination claims
- ERISA interference claims
- Breach of fiduciary duty claims
- 409A violations
Benefits
The panel will review these and other key questions:
- What employee benefits issues should an employer consider in planning and implementing a Reduction in Force (RIF)?
- How can employers avoid an inadvertent partial termination of their tax-qualified retirement plans when implementing a RIF?
- What steps can employers take to reduce liability risks when making changes to healthcare plans?
- How can employers determine in advance whether a severance arrangement may constitute an ERISA plan?
Faculty
James P. McElligott,
Partner
McGuireWoods, Richmond, Va.
He handles employment, executive compensation and benefit related matters for corporations and public agencies. He regularly advises employers on ERISA and denial of benefit issues.
Steven J. Friedman,
Shareholder
Littler Mendelson, New York
He is Chair of the firm's Employee Benefits Practice Group. He advises employers on the structuring and implementation of qualified and non-qualified retirement plans, welfare and fringe benefit programs, early retirement programs and severance plans. He also advises clients on the manner in which employee benefit plans may be terminated, modified or restructured.
Randall C. McGeorge,
Counsel
White & Case, New York
He counsels clients in the design and implementation of qualified and nonqualified retirement plans, equity incentive plans, executive compensation arrangements and health and welfare plans. He is also responsible for negotiating and drafting employment and severance agreements on behalf of corporations and individuals.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $149.00
Available 24 hours after the live event
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.)
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Available ten business days after the live event
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Customer Reviews
The seminar was understandable, fluid and thorough for the topics covered.
Susan L. Dolin, Esq.
Susan L. Dolin, P.A.
Good materials plus well prepared presenters and a good level of detail.
John H. Merkle
Fredrikson & Byron, P.A.
The information was relevant and well presented. The questions were good, and the speakers responded with clear knowledge.
Sheila Fox Morrison
Davis Wright Tremaine
The seminar was very insightful with a terrific grasp of the relevant case law and legal issues.
Gregory Fox
Friedman Kaplan Seiler & Adelman LLP
The computer and telephone sign-on was very easy, and the instructions were straightforward.
Bethany Haslam
TCORS PC
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig
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