Daniel Ornstein

Daniel Ornstein

Proskauer Rose LLP

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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

ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”

In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or...more

3/5/2013 - Adverse Employment Action DOL Extraterritoriality Rules Federal Aviation Administration (FAA) OSHA Whistleblowers

Public Interest, Good Faith and Whistleblowing – The Latest From The UK

The UK Government is in the process of making important changes to UK whistleblowing legislation (which will be implemented through the Enterprise and Regulatory Reform Bill). The key changes, which are expected to come into...more

2/19/2013 - Covenant of Good Faith and Fair Dealing Enterprise and Regulatory Reform Act Public Interest Public Interest Disclosure Act Whistleblowers

How to deal with personal data for multinational companies?

For the first article of this blog, the Proskauer International Labor Group has decided to focus on this tricky question since we know that our friends and clients having an international presence face various issues when it...more

10/31/2012

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