Navigating the complexities of internal investigations is crucial for maintaining compliance and fostering a safe workplace environment. In this Q&A guide, Dechert’s labor and employment team provides a comprehensive...more
6/28/2024
/ Compliance ,
Employment Discrimination ,
France ,
Harassment ,
Human Resources Professionals ,
Internal Investigations ,
Leave of Absence ,
Remote Working ,
SCOTUS ,
UK ,
Unions ,
Workplace Safety
Through two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII....more
5/7/2024
/ Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Arbitration ,
Bissonnette v LePage Bakeries Park St LLC ,
Civil Rights Act ,
Department of Labor (DOL) ,
Documentation ,
Employee Transfers ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Harassment ,
Lactation Accommodation ,
LGBTQ ,
Muldrow v City of St Louis ,
Over-Time ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
SCOTUS ,
Title VII ,
Undue Hardship
The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....more
2/29/2024
/ ADEA ,
Adverse Action ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
EEO ,
Publicly-Traded Companies ,
Recordkeeping Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Title VII ,
Whistleblower Protection Policies
The upcoming term of the U.S. Supreme Court is shaping up to be a busy one with respect to cases arising under the Employee Retirement Income Security Act of 1974 (“ERISA”). There have been other terms with multiple ERISA...more
10/16/2019
/ Actual or Constructive Knowledge ,
Appeals ,
Breach of Duty ,
Certiorari ,
Class Action ,
Corporate Counsel ,
Defined Benefit Plans ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employee Stock Purchase Plans ,
Fiduciary Duty ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Investment Funds ,
Overfunded Plans ,
Pleadings ,
Retirement Plan ,
Retirement Plans Committee of IBM v Jander ,
SCOTUS ,
Split of Authority ,
Standard of Review ,
Standing ,
Statute of Limitations ,
Thole v U.S. Bank
A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Preemption ,
Savings Clause ,
SCOTUS ,
Section 7
In a decision with substantial implications for Securities and Exchange Commission ("SEC" or "Commission") enforcement, on February 21, 2018, the U.S. Supreme Court unanimously narrowed the scope of anti-retaliation...more
2/23/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
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