Daniel Ornstein

Daniel Ornstein

Proskauer Rose LLP

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A Month in UK Employment Law - November 2016

Taxation of termination payments draft legislation published - At present, in certain circumstances the first £30,000 of a termination payment is exempt from income tax and national insurance ("NIC"). However, there have...more

11/8/2016 - BIS Data Protection Authority Disability Discrimination Employment Contract Employment Rights Act Equality Act EU-US Privacy Shield ICO International Data Transfers Protected Disclosures Reasonable Accommodation Taxable Income Termination Payments UK UK Employment Appeal Tribunal Unfair Dismissal Unilateral Modification Whistleblowers

UK Tribunal Allows Expatriate to Bring Claims in the UK

In Jeffrey v. The British Council 2016, the Employment Appeal Tribunal (“EAT”) ruled that an employee who had an “exceptional degree of connection” with the United Kingdom could bring claims in the UK even though he had been...more

10/28/2016 - Corporate Counsel Expatriates Hiring & Firing Jurisdiction UK UK Employment Appeal Tribunal Wrongful Termination

TalkTalk handed record fine in data protection breach in the UK

TalkTalk, a major UK telecoms company, has been fined £400,000 for a data breach after they were hacked. This is a record fine given by the ICO (the UK’s data protection authority). Significantly the fine was imposed after a...more

10/7/2016 - Corporate Counsel Cybersecurity Data Breach Fines Hackers ICO Privacy Concerns Telecommunications UK

Maternity Leave Length Increased in India

The Upper House of India’s Parliament just passed an amendment to India’s Maternity Benefit Act of 1961. The amendment increases maternity leave to 26 weeks of paid leave, a major increase over the current 12 week leave. It...more

8/20/2016 - India International Labor Laws Maternity Leave Paid Leave

An Overview of the New General Data Protection Regulation

The European Parliament has approved the reformed General Data Protection Regulation (the “GDPR”). Given this is a Regulation (rather than a Directive), this legislation will apply automatically in every Member State (without...more

8/3/2016 - Consent Data Controller Data Processors Data Protection Authority Data Protection Officers (DPOs) Enforcement Actions EU EU Data Protection Laws General Data Protection Regulation (GDPR) International Data Transfers One-Stop Shop Personal Data Transparency

EU Advocate General Holds that Certain Forms of Indirect Religious Discrimination Could be Justified

On May 31, 2016, the Advocate General (“AG”) of the European Court of Justice issued its opinion in a case relating to a Muslim employee wearing a headscarf at work. In the case, Samira Achbita v. G4S Secure Solutions NV,...more

7/18/2016 - Advocate General CJEU Corporate Counsel EEOC EEOC v Abercrombie Employment Policies EU Hiring & Firing Multinationals Religious Clothing Religious Discrimination Religious Expression Termination Title VII

Brexit: The Consequences for UK Employment Law

On 23 June 2016 the people of Britain voted in favour of leaving the European Union – the so-called "Brexit." The result has created uncertainty and speculation as to the implications of Brexit and what happens next. As...more

6/29/2016 - Anti-Discrimination Policies EU Hiring & Firing National Minimum Wage Regulations (NMWR) Parental Leave Quid Pro Quo Trade Agreements Trade Unions UK UK Brexit Unfair Dismissal Wage and Hour Works Council

Brexit – No Short Term Regulatory Change but Significant Longer Term Implications

The United Kingdom (UK) has voted to leave the European Union (EU). Although the vote will have long term implications, in the short term there will be no change to the current legal and regulatory status quo; the UK will...more

6/27/2016 - AIFMD Antitrust Provisions David Cameron EU EU Passport Financial Services Industry Insolvency Member State Mergers MiFID One-Stop Shop Popular Referendums Resignation UK UK Brexit

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

Employee’s Privacy Rights - European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights. Article 8 protects a person’s right to respect for...more

6/10/2016 - ADA Disability Discrimination Employee Privacy Rights Equality Act Harassment Hiring & Firing iPhone Multinationals Popular Reasonable Expectation of Privacy Termination UK UK Employment Appeal Tribunal

The UK Modern Slavery Act 2015 and Supply Chain Transparency: The Impact on Private Investment Funds

The Modern Slavery Act 2015 is new legislation introduced in the UK with the intention of combatting slavery and human trafficking. Continuing the trend for legislation to have extra-territorial reach, as illustrated by the...more

5/27/2016 - Disclosure Requirements Due Diligence Extraterritoriality Rules Fund Managers Human Trafficking Modern Slavery Act Portfolio Companies Private Investment Funds Section 54 Supply Chain Transparency UK

German Labor Court Allows Review of Employee’s Browsing History

European courts continue to clarify the right of employers to review their employees’ emails. As we discussed previously, the European Court of Human Rights and the National Labor Relations Board of the U.S. have recognized...more

4/29/2016 - Admissibility Consent Email Employee Privacy Rights EU European Court of Human Rights Germany Hiring & Firing Internet NLRB Popular Private Communications Termination

Trade Secrets Directive

The protection afforded to trade secrets is disparate across the EU. In order to protect trade secrets as potential drivers for economic growth and jobs and to create a level-playing field within Europe, the European...more

4/19/2016 - Confidential Information EU EU Directive Exceptions Injunctive Relief Intellectual Property Protection Member State Non-Compete Agreements Restrictive Covenants Trade Secrets TRIPS Agreement Uniform Trade Secrets Acts Whistleblowers

The Modern Slavery Act 2015 and Supply Chain Transparency

The Modern Slavery Act 2015 is new legislation introduced in the UK with the intention of combatting slavery and human trafficking. Continuing the trend for legislation to have extra-territorial reach, as illustrated by the...more

3/16/2016 - Board of Directors Disclosure Requirements Human Rights Human Trafficking Modern Slavery Act Section 54 Supply Chain Transparency UK

Further Insights: How the Recent Barbulescu Decision Impacts Employers in Europe and the United States

Last month, we blogged about the much discussed ECHR Barbulescu opinion. As a follow up, we wanted to provide further insights to multi-national employers about how this European decision compares to the position in the...more

3/16/2016 - Email Employee Privacy Rights EU European Court of Human Rights NLRA NLRB Popular Purple Communications Section 7 Social Media Policy

Termination for Offensive Social Media Posts May Be a “Reasonable Response” in the UK

The UK Employment Appeal Tribunal (EAT) recently considered two unfair dismissal cases in which an employer terminated an employee for inappropriately posting on personal Twitter or Facebook accounts. In both cases the EAT...more

3/10/2016 - Gross Misconduct Hiring & Firing Reputational Injury Social Media Policy Termination UK UK Employment Appeal Tribunal

European Court of Human Rights Rules Employers Can Read Employees’ Emails

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal...more

2/10/2016 - Email Employee Privacy Rights EU European Court of Human Rights Right to Privacy Social Media Termination

The Modern Slavery Act 2015 and Supply Chain Transparency

The Modern Slavery Act 2015 is new legislation introduced in the UK with the intention of combatting slavery and human trafficking. Continuing the trend for legislation to have extra-territorial reach, as illustrated by the...more

1/25/2016 - Human Trafficking Modern Slavery Act Section 54 Supply Chain Transparency UK

UK Whistleblowing Protection Extended to Partners

In the UK, whistleblowing law is based on a statute prohibiting a “worker” being dismissed or subjected to any other detriment because of having made a “protected disclosure”. Until this week, the general view was that the...more

5/24/2014 - Employment Tribunals Partnerships UK Whistleblower Protection Policies Whistleblowers

UK Whistleblowing – tips on the rise and the possibility of bounty

Whistleblowing tips reported to the Financial Conduct Authority (the “FCA”), one of the UK bodies with responsibility for regulating the financial services industry, have increased 35 per cent in the past 12 months according...more

2/19/2014 - Compliance Employer Liability Issues Financial Conduct Authority (FCA) UK Whistleblowers

A Month in UK Employment Law - April 2013

It has been a busy period for those involved in drafting employment legislation. In our January 2013 edition, we summarised various expected changes to employment law. Since then, these changes have been debated and...more

4/16/2013 - Corporate Taxes Enterprise and Regulatory Reform Act EU LLPs Pensions Settlement Tax Reform Unpaid Leave Whistleblower Protection Policies Whistleblowers

Whistleblowing in the UK – the latest developments and a review of the law

In recent months, the UK has seen a growing focus on the protection afforded to whistleblowers. This attention has emerged because of recurring question linking diverse scandals, such as phone hacking and those that have hit...more

4/9/2013 - Covenant of Good Faith and Fair Dealing UK Regulatory Reforms Vicarious Liability Whistleblower Awards Whistleblower Protection Policies Whistleblowers

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