Employment Due Diligence in Mergers & Acquisitions and the Hiring Process

03.12.2022 | 11:45 a.m. - 1 p.m. CT

Identifying and navigating employment issues that typically surface during a merger or acquisition can lay the foundation for a successful transaction that achieves desired business goals and minimizes integration and transaction-related risk. Careful planning and analysis during the due diligence phase of a transaction can help a company anticipate, proactively address, and prevent issues that could arise post-transaction and in hiring new employees. 

General topics to be covered:

• Employment issues triggered by mergers and acquisitions
  • Wage and hour issues, including misclassification analysis, application of successor doctrine under the FLSA, and analysis of pay practices
  • Immigration issues, including review of I-9 forms and certain visas
  • Investigating pending and threatened employment claims from employees and government agencies
  • Analyzing existing employment agreements and related obligations
  • Deciding which employees to retain (and how to mitigate risk of discrimination claims) and managing the risk related to layoffs/RIFs and closures
  • Analyzing existing employment practices and policies (and post-transaction integration of policies)
  • Analysis of leave policies, including potential for successor liability under FMLA
    
    
• Post-transaction issues and general hiring due diligence
  • Hiring and employment agreements, including restrictive covenants
  • Background and credit checks; impact of "ban the box" law
  • Benefits of posting and maintaining clear and accurate job descriptions
  • Restrictions on asking about prior salary history
  • Mitigating risk when hiring from a competitor

Register online to attend this webinar.