THE OLDER WORKERS BENEFIT PROTECTION ACT: ? on matrix chart
JRG517
10 Posts
Hello Hr Friends,
I'm hoping that your expertise will guide me. Does anyone know if when creating the chart or matrix to go along with the separation letter to older workers who are affected for a mass layoff, must you provide the information for their 'organizational unit' only?? For example if a group is comprised of 4 units that belong to the same department (example: IT) and there is an organizational structure and the layoff will occur in 1 of the units, do you provide information on the chart for all 4 units or just the 1 unit that is being affected??
Thank you in advance
|
35 |
36 |
37 |
38 |
39 |
40 |
41 |
42 | |
|
Accountant 1 |
4 |
1 |
2 |
|
1 |
|
|
|
|
Engineer 11 |
1 |
|
1 |
2 |
|
4 |
|
1 |
|
Secretary 111 |
|
1 |
|
3 |
1 |
1 |
4 |
Comments
Hi,
Thank you for your response. I was refering to the below requirement for employees over 40 who are part of a lay-off.
THE OLDER WORKERS BENEFIT PROTECTION ACT:
The second requirement is that eligible employees must be informed in writing, and in a manner calculated to be understood by the average individual eligible to participate, about the job titles and ages of all individual employees eligible or selected for the group program, and the ages of all employees in the "same job classification or organizational unit" who are not eligible or selected for the same program.
This requirement often causes problems for employers. In truly mass layoff situations, compiling this type of information can be extremely time-consuming and costly. Further, the consequences of failing to compile accurate data are severe. At the very least, any releases could be invalidated; at the worst, there could be additional claims against an employer for fraud.
The employer should note that the OWBPA specifies the content but not the format for the required information. Two relatively simple formats for communicating the required information to employees are as follows. First, an employer may simply create two separate lists of employees organized by job title, and also including ages (or dates of birth) and geographical location (or "organizational unit"): the first list would identify all employees eligible or selected for the program, and the second list would identify all employees in the same job titles or organizational units who are not eligible or selected for the program.
A second type of format would be a simple chart or matrix, with affected job titles and locations alphabetized along the left margin and employee ages designated along the top. The employer would simply chart the number of employees with particular job titles and ages.
35
36
37
38
39
40
41
42
Accountant 1
4
1
2
1
Engineer 11
1
1
2
4
1
Secretary 111
1
3
1
1
4
Information detailing the employer's offer must be given to each person in the "decisional unit" who is asked to sign an agreement. A "decisional unit" is the portion of the employer's organizational structure from which the employer chose the employees who would be asked to sign an agreement. For example, if the employer's goal was to reduce its workforce at a particular facility, the facility as a whole would be the decisional unit. If only one department at the facility is being considered for a workforce reduction, that department is the decisional unit.
NYGiants:
Thank you! thank you! Your reply below is the clarity that I was looking for! Thanks for your reply & for sharing the information
A "decisional unit" is the portion of the employer's organizational structure from which the employer chose the employees who would be asked to sign an agreement. For example, if the employer's goal was to reduce its workforce at a particular facility, the facility as a whole would be the decisional unit. If only one department at the facility is being considered for a workforce reduction, that department is the decisional unit.