Michael G. Congiu

Michael G. Congiu


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California Laws Are Being Used to Advance Human Rights Claims Based on Global Supply Chain Activities

Recent class actions have claimed that companies have violated California consumer fraud and unfair competition laws resulting from alleged forced labor in their global supply chains.  These state law claims argue that...more

10/15/2015 - Alien Tort Statute Child Labor Class Action Consumer Fraud Corporate Counsel Forced Labor Human Rights Human Trafficking Kiobel v. Royal Dutch Petroleum Co. Petition for Writ of Certiorari SCOTUS Slavery Supply Chain Transparency in Supply Chains Act UN Guiding Principles Unfair Competition

The Advent of Privately Developed Corporate Human Rights Reporting Frameworks

In response to the increasing global awareness that companies need to evaluate the effects their operations have on human rights, private entities and organizations have developed arguably competing guidance to achieve that...more

8/17/2015 - Compliance Due Diligence Human Rights Public-Private Entities UN Guiding Principles United Nations

House Bill Would Require Public Disclosure of Company Policies to Combat Supply Chain Trafficking

On July 27, 2015, U.S. Representatives Carolyn Maloney (D-NY) and Chris Smith (R-NJ) introduced the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (H.R. 3226) (the "Bill"). The Bill would require...more

8/4/2015 - Child Labor FAR Forced Labor Human Trafficking Publicly-Traded Companies SEC Securities Exchange Act Slavery Supply Chain Transparency in Supply Chains Act UK

Ninth Circuit Case Portends Implications for Alien Tort Claims Act Liability Throughout Corporate Supply Chains

The U.S. Supreme Court's recent decision in Kiobel v. Royal Dutch Petroleum upholding the dismissal of an Alien Tort Claims Act (ATCA) suit, left a great deal unanswered. The Kiobel decision did, however, limit the potential...more

9/23/2014 - Alien Tort Statute Corporate Counsel Extraterritoriality Rules Kiobel v. Royal Dutch Petroleum Co. Popular Royal Dutch Petroleum SCOTUS

An Estimate is Just That - The Seventh Circuit Highlights Several Important Lessons for Employers Navigating Intermittent FMLA...

The U.S. Court of Appeals for the Seventh Circuit recently ruled on two important intermittent Family and Medical Leave Act (FMLA) leave issues in Hansen v. Fincantieri Marine Group. First, the court determined that the FMLA...more

8/22/2014 - Corporate Counsel Employee Rights Employer Liability Issues Expert Testimony FMLA Unpaid Leave

Illinois Supreme Court Strikes Down Prohibition on Non-Consensual Audio Recordings, Raising New Issues for Employers

Illinois employers had been able to rely upon Illinois' prohibition against all non-consensual recording of conversations, whether private or not. As of March 20, 2014, that prohibition no longer exists. ...more

3/27/2014 - Audio Recording Surveillance

Illinois High Court Affirms Viability of Construction Industry Classification Law

The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA) violates procedural due process rights and is impermissibly vague. The...more

3/10/2014 - Construction Workers Employee Definition Independent Contractors

More CNIL Guidance for Multinationals Seeking to Comply with SOX & Dodd-Frank

United States employers operating in France often face a dilemma. While they may be bound by the whistleblowing requirements of the Sarbanes-Oxley Act ("SOX") and its Dodd-Frank amendments,1 they also are bound by the data...more

3/7/2014 - CNIL Dodd-Frank Multinationals Sarbanes-Oxley Whistleblowers

Viva [FMLA Family Care Leave in] Las Vegas

The Seventh Circuit recently decided that a former employee's travel with her terminally ill mother to Las Vegas could be considered protected "family care" leave under the Family and Medical Leave Act (FMLA). In Ballard v....more

2/3/2014 - Caregivers Compliance Employee Rights Family Members FMLA

The Final Breaths of the Alien Tort Statute

On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more

4/22/2013 - Alien Tort Statute Extraterritoriality Rules Jurisdiction Multinationals SCOTUS

A Guide to Employee Benefits Administration and Leaves of Absence

Laws Providing Leaves of Absence - Family and Medical Leave Act (FMLA) - The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious...more

11/26/2012 - ADA COBRA EAP EPCRS ERISA Flexible Spending Accounts FMLA HRA HSA Section 409A USERRA

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