Are You Ready for More Layoffs?

April 22, 2020, SHRM Newsletter, by Allen Smith, J.D.

Even more layoffs may be on the way in response to the coronavirus recession. Are you prepared to make reductions in force quickly and fairly? Time is of the essence with layoffs after alternatives such as pay cuts and furloughs have been tried or ruled out.

Kristen Gallagher, an attorney with McDonald Carano in Las Vegas, caution employers against these common mistakes businesses make when conducting layoffs:

  • Failing to review contracts that govern a worker’s employment relationship.
  • Overlooking state or local rules that govern when an employee has to receive a final paycheck.
  • Not reviewing a policy that directs how accrued and unused vacation or paid time off is to be handled upon termination.
  • Withholding unauthorized amounts (e.g., deductions for damage to company property) from final paychecks.
  • Now is the time to mitigate any inadvertent or recently discovered failure to pay overtime and issue payment at the time of termination in order to avoid potential accrual of penalties, they added.

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About McDonald Carano

McDonald Carano has been shaping Nevada’s legal, business, and policy landscape since our founding in 1949. With more than 60 lawyers and government affairs professionals working from offices in Reno, Las Vegas, and Carson City, we are Nevada’s law firm for business. Our local, national and international clients include Fortune 500 corporations, fast-growth and mid-market companies, entrepreneurs and startups, non-profit organizations, government entities, and high-net-worth individuals. Our attorneys deliver cross-discipline, one-stop, business law and government affairs counsel. Please visit mcdonaldcarano.com

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