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The Department of Labor (“DOL”) issued new guidance earlier this month on the temporary COBRA subsidies provided by the recently enacted American Rescue Plan Act (the “ARP”), which employers may find useful in administering their COBRA coverage programs.

April 21, 2021
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While there are many things that distinguish American employment law from that of other modern democracies — including, for example, the lack of a “code” or a cohesive set of laws, the dichotomy between “labor” and “employment” laws, and the interrelationship between health insurance and employment law — the thing that most distinguishes American employment law is the “at-will” doctrine.

February 10, 2021
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Recent press reports have highlighted the difficulties faced by companies that discover evidence of misconduct only after an executive has exited and received severance.

August 21, 2020
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During the last month, we have been talking a lot about the legal challenges involved in laying off or furloughing workers in the United States. How do you go about selecting employees?

April 22, 2020
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Because the unemployment rate has been at record lows for the last decade, it is not surprising that many managers have only a cursory knowledge about how unemployment benefits work.

March 31, 2020
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It was only five days ago that we discussed how employers might soften the blow for employees whose jobs could not be performed from home. Much has happened since then.

March 30, 2020
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As more and more companies have closed their offices and asked their employees to work remotely, questions have arisen as to what companies should do with employees whose jobs simply cannot be performed from home.

March 25, 2020
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As the consequences of COVID-19 and the economic downturn are being more widely felt, employers are increasingly forced to confront tough choices with respect to reduced schedules, employee furloughs and reductions in force.

March 19, 2020
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Last week, we talked here about some new challenges for New York employers in the new year, and how New York was in the running to supersede California as the toughest state for employers. Alas…

January 23, 2020
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As employment lawyers, we see all sorts of reasons for businesses deciding to terminate employees, ranging from gross misconduct to plant closures. But there is one scenario that comes up from time…

January 14, 2020
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What would you do if one morning you saw on the overtime volunteer list on your company bulletin board that an employee had handwritten across the top of the list the words “Whore Board?” I think I…

January 7, 2020
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Insight

“If I am going to have to pay her a severance, I want to make sure that she doesn’t go around bad mouthing me or my company,” is not an unusual plea from an employer who is parting ways with a…

November 27, 2019