Managing Employment Issues in M & A Deals
Kathlyn E. Noecker of Faegre & Benson LLP
This article reviews important employment considerations companies should consider when acquiring or merging with another company.
New Tax Law May Drive Down Employer Settlement Costs
Farella Braun + Martel LLP
Prior to President Bush's signature late last week of the new tax law (known as the American Jobs Creation Act of 2004), there was a split of authority in courts across the country on the issue of whether contingent attorney's fees paid directly to attorneys out of a judgment or settlement were excludable from the taxpayer's income or were includible in income. The courts in California consistently held that such contingent attorney's fees were includible into the taxpayer's income.
New Illinois WARN Act Imposes Additional Requirements on Illinois Employers
John DiJohn and Melodie K. Craft of Littler Mendelson, P.C.
Beginning January 1, 2005, Illinois employers will need to comply with a new state law requiring 60 days advanced notice of a ?mass layoff, relocation or employment loss.? The new law, known as the Illinois Worker Adjustment and Retraining Notification Act (?Illinois WARN? or ?the Act?), mirrors in many respects the federal Worker Adjustment and Retraining Notification Act (WARN). Illinois WARN, however, differs from the federal WARN Act in five critical ways. This article explores those differences and provides practical advice on how to handle them.
California's New Plant Shutdown/Mass Layoff Law
William J. Emanuel,Holger G. Besch and Harry I. Johnson of Jones Day
California has enacted its own version of the Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. § 2101-2109, the federal law that requires employers to give a 60-day notice before ordering a plant closing or mass layoff. The new law, AB 2957, adds Sections 1400-1408 to the California Labor Code. It will become effective on January 1, 2003.
Law Alert: New California Time-Share Legislation
Paul, Hastings, Janofsky & Walker LLP
For those of you who have not had a chance to review the new California legislation (AB 2530; introduced.
Early Retirement Programs
Pillsbury Winthrop Shaw Pittman LLP
This memorandum discusses some of the principal legal issues that an employer must consider in planning an early r.
Employment Practices Liability Insurance: A Viable Preventive Strategy
Jackson Lewis LLP
This article reviews the benefits of obtaining Employment Practices Liability Insurance as a viable preventive strategy against employment claims.
Layoff Checklist
W. Mark Gavre of Parsons Behle & Latimer
With the economy booming and unemployment low during the last few years, many companies struggled to keep and attract employees. Now with the dot-com bust and the economy on the verge of recession, companies are striving to cut costs and reduce employees. Companies now risk lawsuits from laid-off employees unhappy with their treatment. Consequently, employers should carefully consider the legal risks they face before conducting layoffs. Below is a list of topics to keep in mind.
Severance Agreements--Friend Or Foe?
Gayle L. Eskridge of Eskridge Law
A severance agreement is an contract entered into between a departing employee and the employer, by which the emplo.
Mergers and Acquisitions: WARN and the NLRA
Erik Nelson of Dorsey & Whitney LLP
A goal of many M&A transactions is to create synergies by combining operations and eliminating duplicated effort. Often, such restructuring results in personnel layoffs or plant closings, implicating the Worker Adjustment and Retraining Notification Act (WARN), which Congress enacted in the mid-1980s to require employers to provide advance warning of certain mass layoffs and plant closings.
WARN Act Obligations In Chapter 11 Bankruptcies
Jeffrey S. Klein,Nicholas J. Pappas and Aiko D. Bunn of Weil, Gotshal & Manges LLP
This article discusses the Worker Adjustment and Retraining Notification Act ("WARN Act") obligations on the part of the employer in Chapter 11 bankruptcies.