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"Break the law, we'll pay your legal fees."


Posted: Sep 29, 2012

The Obama admission has encouraged defense contractors to break the law and offered to pay the companies' legal fees for doing so.  A purely political move to try to prevent employers from announcing layoffs until ater the election. 


Administration doubles down on plea to contractors amid pending layoffs --

The Obama administration has doubled down on its plea to defense contractors not to warn employees about possible layoffs due to looming budget cuts --  going so far as to offer to cover legal fees in compensation challenges.

The move drew a stern rebuke Friday from South Dakota Republican Sen. John Thune.

"For the second time, the Obama administration has now encouraged government contractors to ignore the WARN Act and hold off on warning employees about possible layoffs due to the looming sequestration cuts,” Thune, lead author of the Sequestration Transparency Act, said Friday.

The offer to pay the legal fees was included in a memorandum issued by the administration Friday that also restated the Labor Department's position from July that contractors should not issue written notices to employees because of the "uncertainty" over the across-the-board cuts to the defense budget and other federal spending that will occur Jan. 2 unless Congress reaches a new deal.

The notices are required under the Worker Adjustment and Retraining Notification Act and generally require employers with more than 100 employees to provide 60-day notices of "mass layoffs if they are reasonably foreseeable."

The projected $500 billion in Pentagon cuts under the so-called sequestration will occur because Congress failed to agree on a deficit-reduction plan this summer.

The guidance issued by the Labor Department this summer stated "it is neither necessary nor appropriate" for federal contractors to issue the warnings.

The memorandum states the federal government would cover employee compensation under the WARN Act – "irrespective of the outcome" as long as the contractor follows the Labor Department guidelines.

Still, defense contractor Lockheed Martin -- which might have to lay off employees should the cuts kick in -- is still considering whether to send out the notices, according to The Hill newspaper.

Rep. John Kline, chairman of the House Committee on Education and the Workforce, suggested last week that the Labor Department is trying to conceal the full impact of the cuts. 

"The Labor Department is trying to hide the consequences of sequestration from workers," Kline, R-Minn., said in a letter to Labor Secretary Hilda Solis.

The letter was the second in two months by Republican committee leaders in which they asked for an update and more detailed information about the obligations federal contractors have in giving the advanced notice.

On Friday, Republican Sens. John McCain, Ariz.; Lindsey Graham, S.C.; and Kelly Ayotte, N.H., issued a similar statement, saying in part, "The president should insist that companies act in accordance with the clearly stated law and move forward with the layoff notices."

The Associated Press contributed to this report.

 

;

Naturally, this report mentions nothing about - the political nature of these

[ In Reply To ..]
layoff notice threats and does not even try to address the fact that IMMEDIATE layoffs are not called for, regardless of how the sequestration plays out. Why?

According to the Center for Strategic Budgetary Assessments, it would take SEVERAL YEARS before contractors would be impacted by the full 10 percent across-the-board cut since funds already pledged to contractors would not be affected by the sequester. Specifically, this applies to ongoing projects and programs that will remain in place, fully funded, as of Jan 3.

It is projected that it will take 3-4 years for defense companies to feel the effects of sequestration (and that's assuming only if no subsequent agreement is made in that same period of time). This gives them plenty of time to adjust employment levels through natural attrition and early retirements rather than forcing immediate layoffs.

In fact, Forbes pointed out that the Pentagon has not yet begun planning for the cuts, which would be $55 billion in fiscal year 2013 (which does not commence until October), should no agreement be reached before then....making layoff notices in Nov 2012 a tad bit premature, dontcha think?

No pending gloom and doom. No conspiracy to hide anything since there's nothing to hide. Just another case of the GOP trying to create a jobs crisis (as if they hadn't done enough of that already) where there is none. Defense contractors threatening to issue layoff notices are simply trying to game the situation with a lot of bluff and bluster and the so-called GOP congressional leaders are playing along, pretending their permanent-tax-cuts-for-the-rich pathology is not what is causing the problem in the first place.

exactly - spot on

[ In Reply To ..]

Spot off... - SK1

[ In Reply To ..]
It makes no sense that they would be sending out memoranda now about something that won't take effect for three or four years from now, when it will have no impact on the administration. Companies like LM will immediately start to look at layoffs and scale back. My husband worked many years in aerospace... We've lived through it.
Read the contents of the - memo.
[ In Reply To ..]
"The memorandum states the federal government would cover employee compensation under the WARN Act – 'irrespective of the outcome' as long as the contractor follows the Labor Department guidelines.

If that's the case, why would IMMEDIATE layoffs be needed, especially since the phased budget cuts would not begin to take place until October? The memo was generated AGAIN (a repeat of July's directive) when defense contractors realized they could try to make this into a political issue for the election by implementing premature and UNNECESSARY layoffs. More GOP-inspired shenanigans. No mystery there.
What makes sense...sm - JTBB
[ In Reply To ..]
is the fear it instills in folks who don't look at the facts, as evidenced by your post. Makes ya want to vote for Romney doesn't it?....that's the point.
Yup, it sure makes me want to vote for Romney - Pefect Sense
[ In Reply To ..]
According to the flip-flopper in chief while campaigning in July 2007:

“The least employers can do when they’re anticipating layoffs is to let workers know they’re going to be out of a job and a paycheck with enough time to plan for their future.”

Obama's hypocrisy and flip-flopping on multiple issues for the sole purpose of re-election is nauseating and despicable. Even worse, his Lemming Liberal Legion aided and abetted by the Lame Stream Media, give him a total pass.

The military has run a 4-year mandatory production backlog - since WW2. 4-year job security for all
[ In Reply To ..]
military industry employees and profits for contractors. They literally write a contract then don't start production for four years down the road.

Excuse: Readiness by keeping factories always open, employees ready to work then the time comes.

Costs: The most giant sucking sound ever. Plus billions of dollars of armaments obsolete before they even start production, much less finish.

Future of this outrageous corruption: As it is every single election, our choice.
It's not fear mongering, it's reality.... - SK1
[ In Reply To ..]
Defense contracting is not like a operating a bakery, where one produces a product and sells it the next day. Months, if not years, go into the planning, development and production of defense products and the industry works "in anticipation of." They make their production projections well in advance of real-time need. Budget cuts slated to begin in October will impact the industry starting immediately, if slow-downs haven't already begun to occur. A contractor is not going to plan and produce products, only to have millions of dollars of inventory in October with no buyer. It would be the industry norm for lay-offs to begin in January in anticipation of future production reductions. As I said before, my husband worked in this industry and this was our lives for many years.

The September 28th memorandum is NOT a reissuance of the July document. They deal with different matters entirely. Yes, I HAVE read them, and you can read them yourselves here:

http://wdr.doleta.gov/directives/attach/TEGL/TEGL_3a_12.pdf

http://www.whitehouse.gov/sites/default/files/omb/memoranda/2012/m-12-19.pdf

Lockheed Martin, mentioned in the article, is only one of many defense contractors in this country. Lockheed employs 123,000 people. While not all of those people would lose their jobs, take a percentage of that and multiply it times the number of contractors nationwide, plus the supportive industries that would be impacted, and you have a LOT of folks (read: voters) losing their jobs. The numbers would be huge.

The WARN Act mandates that employers give employees 60-day notice of potential layoffs. Using the January 2nd date, that means contractors would give notice to employees by November 3rd (and that's not if, by 60 days, they mean 60 BUSINESS days), which puts us THREE DAYS before the election.

Instead, the administration tells employers that if they will BREAK THE LAW and forgo giving employees proper notification of layoffs, the government will pay any resultant legal fees from lawsuits brought by their failure to comply with the WARN Act.

Coincidence?

You may say it's fear mongering. I think any reasonable, thinking person can see that this is likely a desperate attempt not to have a lot of really ticked off voters come November 6th.

Is this your way of trying to get jobs created for - returning veterans? NM

[ In Reply To ..]
x

Huh? - SK1

[ In Reply To ..]
I'm not sure what that statement has to do with the original post. Am I missing something?

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