Monday, November 21, 2011

"Last in, first out" employment policies on the way out in some states

I was recently asked how many states have done away with "last in, first out" policies--policies that require districts to make layoff or reduction-in-force decisions based on criteria other than seniority. It appears that 9 states--Arizona, Florida, Idaho, Illinois, Michigan, Nevada, New Hampshire, Ohio, and Utah--have adopted such provisions. With the exception of Arizona, which adopted its legislation in 2009, all these provisions were enacted in 2011.

In addition, in 2005 Arkansas enacted legislation that required districts to “have a written policy on reduction in force based upon objective criteria for a layoff and recall of employees.” However, the legislation does not define “objective criteria.”

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