EEOC Requests for Documents and Subpoenas: How Much is Too Much to Turn Over?

In light of COVID-19 era mass layoffs and furloughs, many employers are faced with an uptick in Equal Employment Opportunity Commission (“EEOC”) investigations and charges of unlawful conduct. One facet of an EEOC investigation is a request for information and documents, which the EEOC may follow with an administrative subpoena for information and documents. The …read more »

2020 Brings Expansions of Religious Beliefs and Moral Convictions Exemptions Available to Employers

The Supreme Court’s recent Little Sisters opinion upheld employers’ rights to decline to provide contraceptive coverage due to a sincerely held religious belief or moral conviction. In light of the Supreme Court’s recent expansion of Title VII protections to include sexual orientation and gender identity, the courts might recognize the same reasoning in the context …read more »

Before Implementing a Layoff, Consider an Unemployment Workshare Program

As employers begin to plan for their employees’ return to work, many are unable to maintain the size of their workforces in light of the ongoing economic downturn. As they plan for layoffs or long-term furloughs, employers should also be aware of the possibility of an unemployment workshare program. The main difference between a layoff …read more »

Understand the WARN Act’s Oft-Misunderstood “Unforeseeable Business Circumstance” Defense and its Potential Applicability to Your Layoffs

As the novel Coronavirus, COVID-19, continues to impact employees and employers alike, employers must make difficult decisions to protect their businesses. The United States is facing what some predict to be the worst economic downturn since the Great Depression. Many employers are finding it necessary to reduce their workforce to stay afloat. The federal Worker …read more »