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SEC Continues to Target Employer Agreements Restricting Whistleblower Rights

The U.S. Securities and Exchange Commission (“SEC” or the “Commission”) recently announced the settlement of two cease-and-desist proceedings against employers alleged to have unlawfully restricted employees’ rights to engage...more

NLRB Says Employer Consent Is Not Required for Bargaining Units of Solely and Jointly Employed Workers

In the U.S. National Labor Relations Board’s (NLRB) recent decision in Miller & Anderson, Inc., 364 NLRB No. 39 (July 11, 2016), the Board continued its expansion of the obligations of entities that do not directly employ...more

Department of Labor Guidance on Joint Employment Highlights Risks for Employers

In a recent OnPoint, Dechert discussed the National Labor Relations Board’s controversial decision in Browning-Ferris Industries of California, Inc., in which the Board abandoned its long-standing joint employer test in favor...more

National Labor Relations Board’s New Joint Employer Standard Expands Risks for Employers

In a potentially game-changing decision in Browning-Ferris Industries of California, Inc., a three-member majority of the National Labor Relations Board (the “Board”) cast aside its long-standing joint employer test in favor...more

National Labor Relations Board’s Threatened Expansion of Joint Employer Doctrine Would Increase Employment Law Risks for US...

To bring their full financial and operational expertise to portfolio companies, private equity firms frequently adopt an active approach to overseeing their investments. However, the greater a firm’s involvement in the...more

Flex Frac Decision Highlights Need for Employers to Reexamine Confidentiality Policies

In recent years, the National Labor Relations Board (the “Board”) has waged a campaign against what it considers to be “overbroad” employer confidentiality policies. In dozens of decisions, the Board and administrative law...more

International Employment Law Review - March 2014 - Issue 5

Welcome to the latest edition of the International Employment Law Review, presented by Dechert’s Labor and Employment Practice. In this issue, we examine the most significant employment law developments in Belgium, England...more

Fisher Revisits "Strict Scrutiny" As Applied to Affirmative Action in College Admissions Programs

In an Opinion authored by Justice Anthony Kennedy for a 7-1 majority, the United States Supreme Court in Fisher v. University of Texas at Austin, et al., allowed public colleges and universities to retain their affirmative...more

February 2013 U.S. Labor and Employment Update

In This Issue: - Supreme Court to Address “Changing Clothes” under the FLSA - First Appellate Court Decision on FLSA’s Nursing Mother Provision - Courts Continue Trend in Favor of Class Waivers in Arbitration...more

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