In light of several recent headlines announcing significant layoffs, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its guide on conducting reductions-in-force (RIFs).
CWC’s guide, entitled “Guide To Implementing a Compliant Reduction-In-Force,” reviews the major areas of risk that can arise for an employer in connection with a RIF. Four areas stand out as the most concerning from a compliance perspective:
- Potential discrimination under the Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act of 1964 (Title VII), Executive Order (E.O.) 11246, or the Americans with Disabilities Act (ADA);
- The validity of waivers and releases of claims under the Older Workers Benefit Protection Act (OWBPA);
- Job restoration rights—specifically, whether and to what extent employees on approved leaves of absence can be included in a RIF without violating the job restoration provisions of the Family and Medical Leave Act (FMLA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA); and
- Monitoring and notification requirements under the Worker Adjustment and Retraining Notification Act (WARN).
CWC’s guide offers practical pointers to managing potential legal risk.
CWC members can read more here.