On July 12, 2024, in a landmark decision, the US District Court for the Northern District of California held that software developer Workday, a human resource management service provider for employers, can be held liable as...more
In recent years, we have seen numerous notable employment and labor law developments annually, and 2023 was no exception. As the year comes to a close, US employers should take time to prepare for 2024 by reviewing their key...more
On 3 October 2023, the UK’s Information Commissioner’s Office (ICO) published new guidance on workplace monitoring. The previous guidance was issued in 2011, as part of the ICO’s Employment Practices Code, and was badly in...more
In this alert, we’ve highlighted some of the key developments in UK employment law and explain what they may mean for employers.
Limits on noncompetition restrictions -
The UK government has announced its intention to...more
Confidential information is one of a business’ most prized and valuable assets. However, it is rarely something that can be locked in a safe, because employees often require access to it for the purposes of carrying out their...more
For US companies contemplating an expansion into the UK, there are a number of employment-related factors to consider, as the requirements for employers and rights of employees differ significantly across the pond. Below,...more
4/5/2023
/ Confidential Information ,
Corporate Counsel ,
Data Protection ,
Employer Liability Issues ,
Employment Contract ,
International Labor Laws ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Over-Time ,
Sick Leave ,
UK ,
Vacation Leave ,
Wage and Hour
On February 21, 2023, the National Labor Relations Board (NLRB) returned to long-standing precedent that an employer may not offer severance conditioned on an employee’s agreement to broad nondisparagement and confidentiality...more
US District Judge Patti B. Saris of the US District Court for the District of Massachusetts recently held that stock options will suffice as “mutually agreed upon consideration” and “fair and reasonable consideration” under...more
Background Washington state’s Engrossed Substitute House Bill 1795, also known as the Silenced No More Act, took effect June 9, 2022, and prohibits nondisclosure and nondisparagement provisions that prevent an employee or...more
Post-Brexit, the UK is no longer a member state of the European Union, meaning that the data protection regime that applies to UK-related processing is separate from – but currently remains similar to – that which applies to...more
The UK tax authority, HMRC, has published a policy paper regarding new off-payroll working rules due to come into force on 6 April 2021.
Publication of the policy at this stage can be read as a clear indication that the...more
Since our last update in December, the UK and the EU have officially agreed on a Brexit deal. The agreement has brought with it a multitude of legislative changes across various areas of UK law. In support of understanding...more
2/11/2021
/ Antitrust Provisions ,
Competition ,
Cybersecurity ,
EU ,
General Data Protection Regulation (GDPR) ,
Life Sciences ,
Merger Controls ,
Popular ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
On January 13, the Virginia Department of Labor and Industry’s Safety and Health Codes Board voted to enact a permanent workplace safety rule to protect employees from COVID-19 exposure, making Virginia one of the first...more
With legislative activity around COVID-19 is continuing at a steady pace, it is easy to lose track of the myriad requirements applicable to employers, especially those requirements applicable to employees reporting into a...more
On 31 January 2020, the UK left the European Union and entered a transition period that is due to end at 11:00 pm GMT on 31 December 2020. At this point, it is still uncertain whether a new EU/UK deal will be reached. To...more
12/4/2020
/ Antitrust Provisions ,
Competition ,
Contract Drafting ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Privacy ,
Employer Liability Issues ,
EU ,
EU Single Market ,
European Economic Area (EEA) ,
Free Trade Agreements ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Life Sciences ,
Merger Controls ,
Patents ,
Popular ,
Tax Planning ,
Trademarks ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
Further to the HM Treasury’s announcement at the end of October that the Coronavirus Job Retention Scheme, which was originally due to end on 31 October 2020, would be extended until 2 December 2020, and its subsequent...more
This alert is up to date as of 28 September 2020.
With the Coronavirus Job Retention Scheme coming to an end on 31 October 2020, the UK government has announced a new Job Support Scheme, which will open on 1 November 2020....more
On July 16, 2020, the Court of Justice of the European Union issued a decision that uprooted long-standing legal frameworks on which thousands of US and EU companies have relied to transfer personal data from the EU to the...more
In response to unprecedented unemployment levels caused by the COVID-19 pandemic, the San Francisco Board of Supervisors passed an emergency ordinance on June 23, 2020, that imposes rehiring, notice and reporting obligations...more
On June 15, 2020, the Supreme Court of the United States "at last" issued a 6-3 decision in which it "did not hesitate" to extend protection under Title VII of the Civil Rights Act of 1964 to gay and transgender workers....more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On 29 May 2020, the UK government announced further details in relation to the extension of the Coronavirus Job Retention Scheme. This alert is up to date as at 3 June 2020.
The scheme will continue until the end of...more
In April, we hosted a webcast focused on the key issues facing UK employers in response to the COVID-19 pandemic. Following on from that webcast, we set out below some of the frequently asked questions that we have recently...more
As mentioned in previous Cooley alerts, the federal Families First Coronavirus Response Act (FFCRA) requires private employers with fewer than 500 employees to provide emergency paid sick leave to eligible employees. San Jose...more
This update reviews the key recent developments in UK employment law in the midst of the COVID-19 disruption, including the government's updated guidance on the Coronavirus Job Retention Scheme (the Scheme). This alert is up...more
The impact of COVID-19 on businesses in the UK is becoming increasingly apparent, causing many businesses to consider how they can reduce staff costs. This alert reviews the variety of measures that UK employers may consider...more