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Health Alert (Australia) - November 10, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: Australia. Health Practitioner Regulation Agency (AHPRA) and the boards - - 7 November 2014 - Media release AHPRA and the...more

Administrative and criminal violations involving the same fact: the recent positions of the European Court of Human Rights and of...

The European Court of Human Rights takes a stand on the ne bis in idem principle intervening on the relationship between administrative and criminal violations involving identical facts. Two recent decisions give interesting...more

Can SOX Go Overseas? The Debate Continues

The continuing controversy over whether retaliation claims under the Sarbanes-Oxley Act ("SOX") cover activities outside the United States continues to play out in the courts and administrative bodies. The two leading cases...more

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

UK Employment Reforms in 2013

The UK’s Department for Business, Innovation and Skills has issued the ‘Fifth Statement of New Regulations’ (the “Statement”), which provides details of regulatory reforms and implementation dates for 2013. Whilst the...more

Global HR Hot Topic - January 2013: Cross-Border Diversity Initiatives for Recruiting and Retention

Challenge: Diversity initiatives that promote recruiting and retaining a diverse workforce are increasingly important outside the US. But transplanting a US diversity initiative for overseas workers risks confusion,...more

Global HR Hot Topic - December 2012: Dismissing Staff Outside the United States

Firing an employee in the United States can be a challenge. Group firings - reductions-in force — can be a big challenge. And from the point of view of a multinational headquartered in the United States, overseas individual...more

Employment Law Commentary -- Volume 24, No. 11, November 2012: Doing Business in Europe: Top 10 Labour Law Issues

In this article we list the top ten labour law issues employers operating in Europe need to understand in order to avoid employment disputes, litigation and disruption to their businesses. The European Union (EU)...more

EEOC’S Detroit Field Office Director and Mexican Consulate Sign Historic Outreach Agreement

Pact Establishes Ongoing Collaborative Relationship Between the Two Entities DETROIT - The Detroit Field Office of the U.S. Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of Understanding with...more

Turkey Continues Its Reform Of Labor And Employment Laws Despite Waning Enthusiasm For EU Membership

Turkey’s decades-long quest for membership into the European Union has been the impetus of many rapid and “modernizing” changes throughout this ancient country, pushing it ever closer to its European neighbors relative to its...more

Labor Reform Bill Passed in Mexico—What it Means for Employers Doing Business in Mexico

On November 13, 2012, for the first time in 40 years, after extensive consideration by both Mexico’s House of Representatives and its Senate, the Senate approved a significant labor reform bill, with far-reaching and...more

Social Risk Assessment: China Raises Its Game

Until recently, it was not uncommon for Chinese companies to be invoked as bogeymen in certain circles. The narrative went something like this...more

CalPERS Agrees That It Will Not Enforce Conflict Of Interest Policy

As discussed in this post, I had petitioned the Office of Administrative Law for a determination that the Statement of Investment Policy for External Investment Resource Conflict of Interest adopted by the California Public...more

State Council Issues a White Paper on China's Judicial System and Reform

On October 9, 2012, the State Council’s Information Office released a white paper on China’s Judicial System and Reform Process. The report reviews China's judicial system and reform process, and emphasizes the need for...more

Corporate Social Responsibility and the Supply Chain

With an effective corporate social responsibility (CSR) policy that adequately addresses supply chain issues, a company can better manage legal, reputational and economic risks. A company risks legal, reputational and...more

Perils of the Global Supply Chain, Part 2: Supply Chain Responsibility, Or Else.

Twenty years ago less than 100 companies worldwide disclosed or reported on their supply chain compliance or corporate social responsibility (CSR) practices. Those that did were trailblazers supporting the idea that...more

The Government on Combatting Human Trafficking: "We REALLY, REALLY Mean It"

Since 2005, federal contractors have been on notice that the Government has “zero tolerance” for any federal contractor found to be complicit in aiding human trafficking. For the past seven years, however, that “zero...more

"The 2012 U.S. Supreme Court Term: Business Cases to Watch"

The U.S. Supreme Court's new term began on the first Monday of October, its first public meeting since the Court's high-profile health care decision in June, and there already are a number of cases that will have a...more

Human Rights Due Diligence – An Emerging Requirement in State and Federal Legislation

Two years ago, in October 2010, I published a post, Human Rights Due Diligence and the Corporate Lawyer, that addressed the need for corporate counsel to assess stakeholder expectations that companies should be accountable...more

Want a Federal Government Contract? Now You Must Join the Fight Against Human Trafficking

On September 25, 2012, President Obama signed a groundbreaking Executive Order designed to strengthen protections against trafficking in persons in federal contracting. Among other requirements, the Executive Order requires...more

Mexico Develops Steps to Take Seriously Sexual Harassment in the Workplace

On September 6, 2012, the Mexican Federal Supreme Court promulgated internal rules that explicitly prohibit harassment in the workplace and establish guidelines for investigating and punishing such conduct. On another front,...more

Fall Management Update -- August 31, 2012

In This Issue: Avoiding Workplace Headaches During this Political Season; Post-Macy Best Employment Practices for a Transgender Workforce; and Legal Risks Arising from International Expansion. ...more

Newly Released Draft Equator Principles Reflect Greater Focus on Human Rights

The proposed draft of the revised Equator Principles, released on August 13, reflects a greater focus on human rights, with explicit mention of the expectation of human rights due diligence as set forth in the U.N. Guiding...more

New Disclosure Requirements Imposed in Connection with Iran Sanctions

On August 10, President Obama signed into law the Iran Threat Reduction and Syria Human Rights Act of 2012 (the Act), which expands and establishes additional sanctions with respect to Iran, including sanctions relating to...more

Leverage and the Management of Adverse Human Rights Impacts

One of the challenges for companies seeking to manage the adverse human rights impacts of their operations is how to deal with impacts that are most directly tied to business partners, suppliers, and even governments....more

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