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Five on Friday – Five Recent Developments that We’ve Been Watching Closely: August 2016 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring....more

Update: Another SEC Enforcement Action on Whistleblower Waivers and Releases

Summary - Earlier this month, the U.S. Securities and Exchange Commission (SEC) announced its second significant enforcement action against an employer based on confidentiality and release provisions that the SEC asserts...more

Getting Past “Not Horrible”: Addressing Office Bullies is Good for the Bottom Line

A Dallas jury recently awarded a verdict of more than a million dollars to a vocational nurse based upon her claims of sexual harassment and intentional infliction of emotional distress. While it appears that verdict will not...more

SEC Enforcement Expands Scope of Prohibited Provisions in Employment-Related Agreements

Summary - The U.S. Securities and Exchange Commission (SEC) announced its second significant enforcement action against an employer based on confidentiality and release provisions that the SEC asserts will discourage...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: July 2016 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the release of the third, and likely final, draft of the World...more

Employers Wrestling with Discrimination, Workplace Violence and Third Party Vendor Issues, Survey Shows

The winds of social change, the threat of violence in the workplace, and shifting regulations governing workers and third parties are all weighing heavily on employers’ minds. That’s according to a survey of more than 800...more

Using Information on Human Rights Impacts to Drive Social Performance

New legislative requirements and stakeholder concerns have driven many companies to implement systems to identify and address the potential human rights impacts of their operations. Companies increasingly realize the...more

Six Best Practices to Go Beyond Dutch Whistleblower Compliance

In March 2016 the Dutch Senate passed the “House for Whistleblowers” Act (Huis voor Klokkenluiders) to protect the interests of whistleblowers. This Act came into effect on 1st July. Whilst the rules currently only apply...more

Harassment Still a Big Problem at U.S. Employers, New EEOC Report Finds

In a new report from the Equal Employment Opportunity Commission, the authors note that they were “deeply troubled” by the persistence of workplace harassment.    According to the workplace harassment statistics cited in the...more

U.N. Guiding Principles: Reflections on the Last Five Years

Five years ago, on June 16, 2011, the way we view the human rights responsibilities of companies changed. On that day, the United Nations Human Rights Council unanimously endorsed the UN Guiding Principles on Business and...more

Mind the (Pay) Gap: Investor Requests for Reports on Gender Pay Disparities Are on the Rise

According to media reports, this year several high-profile companies, including Apple, Facebook, and Intel, have received or responded to proposals from investors requesting shareholder votes on the issue of whether the...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: June 2016

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: new guidance for boards of directors on business and human...more

EEOC Issues New Guidance on Employee Wellness Programs

Employee wellness programs are becoming increasingly popular in the workplace as a way to boost employee morale and increase productivity. If not carefully crafted, however, employee wellness programs can run afoul of Title I...more

California Takes Another Stab at Disability Access Reform But Again Falls Short

On May 10, 2016, California Governor Brown signed into law a measure aimed at encouraging small businesses to come into compliance with construction-related access requirements. The law takes effect immediately. The authors...more

Governor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access Lawsuits

On May 10, 2016 Governor Brown signed Senate Bill 269 (SB 269) which amends certain California statutes dealing with disability access in public accommodations and business establishments. SB 269 is not a new law, but rather,...more

Concerns on the New UK Whistleblower Rules

The U.K.’s Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) recently began rolling out new whistleblower rules, with which financial organisations will be required to comply. These rules have not...more

Yes, Attorneys Too Can Blow the Whistle: But When and How Hard?

According to the United States Securities and Exchange Commission (“SEC” or the “Agency”), an attorney – or any individual, for that matter – should not have to first report misconduct to the SEC to fall under the protections...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - April 2016

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the first reports published pursuant to the requirements of the...more

What You Need to Know About the Corporate Human Rights Benchmark

On March 21, the Corporate Human Rights Benchmark (“CHRB”) released the methodology that it will use to rank 100 companies on their human rights performance as part of an initial pilot. The companies chosen for the pilot...more

EEOC Says Retaliation Claims Continue to Rise

Based on data recently released by the U.S. Equal Employment Opportunity Commission (EEOC), retaliation continues to be a growing problem in the U.S. While the number of overall charges of harassment and discrimination filed...more

Employment Law Navigator – Week in Review: February #5

February was a tough month for Silicon Valley unicorn, Zenefits. After losing its CEO due to “compliance issues,” word spread that additional compliance issues were rampant in both its business operations and human...more

FTC Publishes Big Data Report – Provides “Recommendations to Business”

The Federal Trade Commission (FTC) has just released a report on Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (Report), January 6, 2016. The FTC Chairwoman Edith Ramirez indicates in the FTC...more

On A Collision Course? How Religious Entities Should Address The Legal Expansions Of Gay Marriage And Gender Identity Protections

By now you are no doubt aware that the U.S. Supreme Court’s 2014 decision in Obergefell v. Hodges legalized same-sex marriage across the country. The decision has caused religious institutions and schools to ask about their...more

Overview and Guidance on Final Joint Standards on Diversity and Inclusion

On June 9, 2015, several federal agencies jointly issued a policy statement on standards that companies could use to assess their diversity policies and practices, particularly for entities regulated by more than one agency....more

Business Litigation Alert: "Court Ruling Allows Whistleblower to Sue Board Members"

A recent ruling in California federal court (here) broadens legal protections for whistleblowers and expands who can be held liable in retaliation cases. In the case, Wadler v. Bio-Rad Labs., Inc., a federal judge ruled that...more

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