Economic situations come into play in cases like this, too. Prosecutors are unlikely to try a big headline case if numerous large companies across the nation are cutting hours, Obamacare is bombing, rates are spiking, and the recession is rolling into a double dip. I'm not predicting that all of that will happen, but some of it surely will, and all of it is possible. I am just saying prosecution is unlikely if the "valid business reason" is to avoid higher costs in an economy where those higher costs are taking a huge toll.