Workers’ Rights During a Layoff Where The Employer Files For Bankruptcy

The economic and social impact of COVID-19 has been devastating to our global workforce. With unprecedented mass layoffs and furloughs, millions of people are at risk of losing their livelihoods and falling into extreme poverty because of employer bankruptcy. Upon notice of a company’s intention to file for bankruptcy, it is crucial to determine what options may be available to an employee wanting to protect their claims against their employer. Here are action steps to protect yourself when facing a layoff because of company bankruptcy.

Josh Van Kampen weighs in on Law360 article about High Court Ruling In Tyson Wage Case

The U.S. Supreme Court’s recent decision to review a donning-and-doffing case against Tyson Foods Inc. gives the justices a chance to both make class actions tougher to pursue by curtailing the use of statistical sampling to support certification, and announce if and how the high court’s landmark Dukes ruling applies to Fair Labor Standards Act collective actions.

Josh Van Kampen Quoted in Law360 Article on Overtime Regulations

Josh Van Kampen said he expected that some employers’ ignorance of or willingness to flout the new requirements would set them up as “low- hanging fruit” for future wage-hour plaintiffs. “Notwithstanding our management colleagues’ attempts to train on this, there are going to be scores of employers who are just caught flat-footed and don’t do anything at all,” Van Kampen said.