On May 12, the New York Department of Labor (NY DOL) extended the lifespan of its Emergency Rulemaking concerning the New York WARN Act through July 10, 2010. As addressed in prior issues and most recently in the March 1, 2010 special issue of the New Jersey eAuthority, the NY WARN Act differs from the federal WARN Act in many key respects, such as requiring 90 rather than 60 days’ notice, applying to employers with 50 rather than 100 employees, and covering certain job losses of 25 or more employees, rather than 50 or more employees. The NY DOL intends to ultimately adopt the provisions of the Emergency Rulemaking as a Permanent Rule.
Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a recent unpublished California Court of Appeal decision, a systematic approach focusing on business needs and objective criteria can ultimately lead to a successful defense against such claims.
On February 25, Governor Chris Christie outlined his proposals to the state legislature for the state’s insolvent Unemployment Insurance Fund. Governor Christie’s proposals include: Reducing the 50 percent increase in unemployment insurance taxes (to $390 per employee) scheduled for July 1, 2010 down to $130 per employee. Phasing in future increases (which allows employers to
President George W. Bush has signed into law a measure (S. 3406) that significantly amends the Americans with Disabilities Act (ADA). Ironically, the original ADA was signed in 1991 by his father, former President George H.W. Bush. The ADA Amendments Act of 2008, which was negotiated by business groups and the disability and civil rights communities (together with its principal congressional sponsors), passed the Senate by unanimous consent on September 11, and it was approved by voice vote in the House on September 17.