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United States Supreme Court Poised to Address Standard for Insider Trading...

On July 31, the Solicitor General filed a petition for a writ of certiorari in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), asking the United States Supreme Court to address the standard for...

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SEC Guidance Supports its Position That Internal Whistleblowers are Protected...

On August 4, 2015 the Securities and Exchange Commission issued interpretive guidance elaborating its view that the anti-retaliation provisions in the Dodd-Frank Wall Street Reform and Consumer...

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New York State Expands Equal Pay Law and Other Workplace Protections for Women

On October 21, 2015, New York State Governor Andrew Cuomo signed a group of eight bills, referred to as the Women’s Equality Agenda, which expand protections for women in the workplace and elsewhere in...

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Orrick World: A Quarterly Report of Global Employment Law Issues for...

Asia Employment Law Update Proposed Regulations May Complicate Reductions in Force in China On December 31st, 2014, Ministry of Human Resources and Social Security (“MOHRSS”) issued a notice to solicit...

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SEC Bounty Hunters Take Heart: SEC Fines Company $265,000 For Using Severance...

Today, the SEC announced that an Atlanta-based company, BlueLinx Holdings, is settling charges that its severance agreements contained provisions that it in its view might impede employees from...

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Agency and Contractor Compliance in Germany–Are You Ready?

On April 1 2017, the reform of the German Act on Temporary Agency Work (Arbeitnehmerüberlassungsgesetz) came into force bringing major changes for agencies and their clients. Agencies and their...

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Will France Become More Employer Friendly with Labor Law Reform?

In June 2017, the French government unveiled its plan to renew French social model, such program includes notably reforming employment law, French pension and unemployment insurance systems. As a first...

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The Ending Forced Arbitration of Sexual Harassment Act: A Legislative...

With sexual misconduct allegations sending shockwaves everywhere from Hollywood to Washington, it should come as no surprise that some legislators are chomping at the bit to pass legislation addressing...

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Legislators Quick to Respond to #Metoo

Introduction Since Anita Hill’s testimony in the early 1990s, sexual harassment has become a familiar term. At the federal level, Title VII prohibits harassment, discrimination, and retaliation on the...

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Auto Dealership Sells Supreme Court on Service Advisor OT Exemption

On Monday, the U.S. Supreme Court ruled that service advisers at car dealerships are exempt from the Fair Labor Standards Act (FLSA).  In Encino Motorcars v. Navarro, the majority, Chief Justice John...

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NYC Leaps to Cutting Edge of #MeToo Movement

On April 11, 2018, the New York City Council passed the Stop Sexual Harassment in NYC Act (the “Act”), a comprehensive package of legislation aimed at combating sexual harassment in the workplace and...

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OFCCP to Change the Way it Assesses Contractors’ Compensation Systems

The Office of Federal Contractor Compliance Programs (“OFCCP”) may soon rescind Directive 307, OFCCP’s current official statement as to how it conducts federal contractor compensation system reviews,...

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Don’t Stand So Close to Me: Ten California Sexual Harassment Bills to Watch

In tandem with the growing #MeToo movement, sexual harassment appears to be top of mind for California legislators in 2018. In the wake of Harvey Weinstein, Bill Cosby and the like, California has been...

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Epic News for Employers: Class Action Waivers in Arbitration Agreements are...

Employers across the country started the work week with some positive and long-awaited news.  On Monday, May 21, 2018, the U.S. Supreme Court ruled in a landmark case that employment arbitration...

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California Court Rejects “ABC” Test For Joint Employers

As has been widely reported, last month the California Supreme Court issued a decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles that rejected the long-standing, multi-factor...

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NYC Harassment Poster and Notice Released

The New York City Commission on Human Rights has released the Fact Sheet and mandatory Notice referenced in the recent Stop Sexual Harassment in NYC Act (the “Act”).  Effective September 6, 2018, all...

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NYS Advances its #MeToo Agenda: Draft Sexual Harassment Guidance Released

Late last week and in anticipation of the October 9, 2018 deadline for compliance with the statewide sexual harassment prevention mandate (the “Mandate”), New York Labor Law § 201-g, New York State...

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Ninth Circuit Clarifies Boundaries of California’s Restriction on Noncompete...

Taking a second look at the use of “no future employment” provisions in a settlement agreement between a doctor and his former employer, the Ninth Circuit Court of Appeals recently held that two of the...

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Germany – The Time to Review Your Standard Employment Contracts is Now!

A recent ruling of the Federal Labor Court will invalidate thousands of forfeiture clauses in employment contracts in Germany. Companies need to review and revise their standard employment contracts...

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FCRA Developments: Updated Summary of Rights &“Stand-Alone” Disclosure Need...

Employers across the country should dust off their background check policies and forms and be mindful of recent developments related to the federal Fair Credit Reporting Act (FCRA). FCRA mandates...

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