Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some of the changes are sweeping.
The OCA recently found that unless an employee’s employment contract provides otherwise via an express or implied term, an employer’s unilateral lay off of an employee will constitute constructive dismissal, even when the layoff is temporary.
Layoffs are here and with them comes an often-overlooked threat: trade secret misappropriation. Thousands of tech workers have been laid off over the last year, and 61% of business leaders say their organizations will likely have layoffs in 2023.
During the past few years, employers have seen efforts to restrict the use of confidentiality and nondisparagement provisions in severance agreements at both the state and federal levels. The NLRB has now joined the party.
In RAV Truck & Trailer Repairs, Inc., the NLRB issued a supplemental decision in a case that will have implications for employers seeking to close shop, especially those operating in multiple locations.