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Littler Launches Holistic Workforce Restructuring Solution

(May 28, 2020) – Littler, the world’s largest employment and labor law practice representing management, announces the launch of the Littler Restructuring Assessment Solution, a resource for employers forced to make critical decisions about reductions in force (RIFs), furloughs, layoffs and other workforce restructuring measures. 

The holistic solution provides businesses with a proactive, strategic and defensible approach to workforce restructurings by leveraging Littler’s deep bench of attorneys with extensive experience in this area – and enhancing their work with cutting-edge technology. The approach can also give employers the opportunity to plan ahead for bringing select employees back into their workforces.

“Today’s employers are under immense pressure to take decisive actions to protect their businesses,” said shareholder Allan King who led development of the technology behind the solution. “At the same time, any workforce restructuring decisions will be put under a microscope, making it more important than ever to have a fair and non-discriminatory selection process. Our approach counsels clients through every step of the process, helping minimize risk and providing insights to advance their short-and long-term business objectives.”

With Littler’s solution, employers receive timely and practical guidance to help formulate and execute a strategy for workforce restructurings. Here’s how it works:

  • Consultation. The process starts with a consultation to understand the company’s business objectives. Littler’s experienced attorneys provide counsel on potential approaches to achieve those goals that align with their specific business needs and comply with the myriad of federal, state and local regulations.
  • Analysis. Next, an adverse impact analysis is conducted in a privileged context using Littler’s proprietary technology. The tool provides a comprehensive assessment of the impact of selection criteria, both in various strata of the company and regarding the company as a whole. The analysis helps clients see in real-time how modifying selection criteria affects statistical results and assists in achieving fair and effective workforce adjustments.
  • Execution. With the statistical analysis complete, the team analyzes the results to help clients establish a strategy, as well as preserve an evidentiary record of the analysis conducted. While this analysis is privileged, the privilege can be waived in any future litigation if desired.

“Too often, companies turn to law firms to assist in carrying out workforce reductions only after the criteria for selecting employees has been determined,” said Kerry Notestine, a shareholder with Littler and co-chair of the firm’s Business Restructuring Practice Group. “We think there’s a better way. By taking a 360 approach to advising on workforce restructurings, we can anticipate problems before they escalate into larger issues and help drive stronger business decisions.”

In addition to Notestine, Littler’s core team of attorneys with decades of experience helping employers plan, devise and execute complex workforce restructurings includes shareholders Robert Long, Bruce Millman, Marko Mrkonich, Terri Solomon, Daniel Thieme and Jennifer Youpa, among others.

Littler’s Restructuring Assessment Solution is the latest in a long line of innovative and practical resources the firm provides to employers. Littler’s Service Solutions – including the Littler Pay Equity Assessment (a technology tool for conducting audits and guiding legal strategy), Littler onDemand (a data-driven solution for employment law advice and counsel) and Littler CaseSmart® (the firm’s approach to efficiently managing employment litigation) – are designed to provide clients with efficient legal counsel, help shape legal and compliance strategies, and spot trends that can inform critical business decisions.

“We strongly believe that reengineering processes and scaling our talent is crucial to meeting the present day challenges and future needs of our clients,” said shareholder Scott Forman who helped create the processes behind the solution and is also the founder of Littler CaseSmart and Littler onDemand. “By combining innovative staffing processes and state-of-the-art technology, our Restructuring Assessment Solution gives clients access to the full breadth and depth of our attorneys’ collective knowledge, while bringing new levels of value and agility to the law firm-client relationship.”

About Littler

With more than 1,500 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. For more information, visit www.littler.com.

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