As featured in #WorkforceWednesday: With virtual terminations on the rise, what steps should employers take to ensure they are prepared and compliant if an employee secretly records their termination?
Epstein Becker Green attorneys Marc A. Mandelman and Lauri F. Rasnick tell us more about the current landscape.
In the coming days, weeks and perhaps months, many employers will have difficult decisions to make about their operations and their workforces. With their operations shutting down or running at less than capacity, many employers will decide that they must lay off employees.
It’s a decision that no employer wishes for or enjoys. And it is one that poses some risks.
Not only must employers take steps to ensure that layoff decisions are made in a manner that does not adversely impact protect groups, but employers need to be mindful of the various state laws governing when final wages must ...
In a rare case interpreting the Worker Adjustment and Retraining Notification (“WARN”) Act “sale of business” exception, the U.S. Court of Appeals for the 8th Circuit recently held in Day v. Celadon Trucking Servs., Inc., 8th Cir., No. 15-1711 (July 5, 2016) that a buyer of a business remained liable under WARN to the seller’s employees to whom the buyer did not make offers of employment, despite provisions in the asset purchase agreement (“APA”) that placed all WARN Act liability on the seller.
The case arose out of a typical asset purchase transaction between ...
Seemingly ignoring the requirements for employers to keep a harassment free workplace and disregarding their right to keep a respectful and orderly environment, last week in Fresenius USA Manufacturing, Inc. the NLRB found that the company committed an unfair labor practice by terminating an employee who admitted to using vulgar and threatening language.
Overturning an administrative law judge’s decision, the NLRB ordered Fresenius to reinstate the pro-union employee who referred to the employees leading a union decertification effort as “Pussies” and ...
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