Reductions in Force and Plant Closings

Other Titles
Abstract

[Excerpt] This chapter summarizes the provisions of federal and California law that are implicated by reductions in force (RIFs), plant closings, and plant relocations. Two statutes that come into play under such circumstances are the Worker Adjustment and Retraining Notification Act (WARN) (29 USC §§2101–2109) and the California-specific mass layoff provisions of Lab C §§1400–1408. See §§18.20–18.44. If the employer’s workforce is organized, provisions of the National Labor Relations Act (29 USC §§141–187) are relevant. See §§18.57–18.74. If the workforce reduction or plant closing is necessitated by the employer’s failing financial health, bankruptcy issues must be considered. See §§18.75–18.84. Finally, a RIF often brings in its wake employee claims of discrimination, particularly age discrimination. Senior members of the workforce may be protected by the Older Workers Benefit Protection Act of 1990 (OWBPA) (Pub L 101–433, 104 Stat 978). See §§18.3–18.10. In preparing for and dealing with litigation following a RIF, plant closing, or plant relocation, the employer should give each of these subjects careful consideration.

Journal / Series
Volume & Issue
Description
Sponsorship
Date Issued
2008-01-01
Publisher
Keywords
Baker & McKenzie; plant closings; relocations; litigation; worker rights; public policy
Location
Effective Date
Expiration Date
Sector
Employer
Union
Union Local
NAICS
Number of Workers
Committee Chair
Committee Co-Chair
Committee Member
Degree Discipline
Degree Name
Degree Level
Related Version
Related DOI
Related To
Related Part
Based on Related Item
Has Other Format(s)
Part of Related Item
Related To
Related Publication(s)
Link(s) to Related Publication(s)
References
Link(s) to Reference(s)
Previously Published As
Government Document
ISBN
ISMN
ISSN
Other Identifiers
Rights
Required Publisher Statement: Copyright by Baker & McKenzie. Document posted with special permission by the copyright holder.
Rights URI
Types
article
Accessibility Feature
Accessibility Hazard
Accessibility Summary
Link(s) to Catalog Record