What steps should be taken in conducting a layoff?

These steps should be taken in conducting a layoff:

Select employees for layoff using seniority, performance, job classification, location, or skill.
Ensure selected employees do not affect a protected class to avoid adverse or disparate impact.
Review compliance with federal and state WARN Act regulations, which require employers to provide 60 days’ notice to affected employees while specifying whether the reduction in force is permanent or for a specific amount of time.
Review compliance with the Older Workers Benefit Protection Act that provides workers over the age of 40 the opportunity to review any severance agreements that require their waiver of discrimination claims.
1. The Older Workers Benefit Protection Act (OWBPA) allows a consideration period of 21 days if only one older worker is being separated and 45 days when two or more older workers are being separated. These employees also must receive a revocation period of seven days after signing the agreement. Additionally, they must be informed of the positions and ages of other employees affected by the layoffs so that they can assess whether or not they feel age discrimination has taken place.

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# Conducting a layoff # Older Workers Benefit Protection Act # OWBPA

Sharam Kohan

Sharam Kohan: Biography

Sharam Kohan is a seasoned professional with an extensive background in law, human relations, and organizational leadership. Currently a degree candidate for an LLM at UC Berkeley Law, Sharam brings a unique blend of legal education, hands-on experience, and a deep commitment to social justice and human rights.

With a career that spans diverse sectors, Sharam's expertise extends far beyond the classroom. He has served as a Human Relations Commissioner, contributing his leadership to Alameda County’s Human Relations Commission, where he worked on initiatives to improve community relations and promote equity. His dedication to social change is also evident in his philanthropic efforts as a donor to organizations like FACES SF, which provides vital resources and support to the Bay Area’s underserved communities.

An advocate for labor and employment rights, Sharam holds a specialization in Employment Law from Temple University School of Law, which has furthered his ability to navigate complex legal frameworks. His professional journey includes leadership roles across human resources and operations, where he has honed his ability to manage teams, shape organizational culture, and implement effective strategies that drive success. He also holds SHRM certification, further solidifying his expertise in human resources management.

As a writer and thought leader, Sharam has authored multiple works that delve into complex philosophical and legal topics. His books, Judgment, a Priori Itself and Sartre’s Conception of Freedom, explore the intersections of law, philosophy, and human freedom, blending his academic background with a passion for intellectual inquiry. These works have garnered attention for their thoughtful analysis and exploration of complex ideas, establishing Sharam as a respected voice in both legal and philosophical circles.

Though not a traditional legal scholar, Sharam’s interdisciplinary approach to understanding law and society has made him a sought-after commentator on topics ranging from legal theory to organizational dynamics. His writing can be found on various platforms, including his blog at Harvard, where he shares insights on law, politics, and social issues.

Sharam Kohan is a dynamic and forward-thinking professional with the knowledge, experience, and passion to contribute meaningfully to the legal, social, and business landscapes.

For more on Sharam Kohan’s work, visit his blog at archive.blogs.harvard.edu/kohan and his author pages on Amazon, including Judgment, a Priori Itself and Sartre's Conception of Freedom.