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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 news...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

California Federal Court Expands Whistleblower Protections

What you need to know: Last week, the Northern District of California held in Wadler v. Bio-Rad Laboratories, a case of first impression, that members of a company’s Board of Directors can be held individually liable...more

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

Perspectives - July 2015

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which...more

A First Look at the Workplace Implications of Same-Sex Marriage Equality

We asked attorneys writing on JD Supra to share with us their initial thoughts on the implications of the U.S. Supreme Court's Obergefell decision in favor of same-sex marriage equaliy, especially with the regard to the...more

Infographic: Whistleblowing Laws - A snapshot of whistleblowing laws around the world

For every business there is a risk that corruption or inadequate systems will lead to dangerous or criminal behavior. Often employees are the first to suspect something is wrong, and employers need to manage the potential for...more

Employment Law Commentary, May 2015 - Volume 27, Issue 5

In This Issue: - SECURITY SCREENINGS: WORKERS MAY HAVE TO WAIT BUT THEY DON’T HAVE TO BE PAID UNDER THE FLSA - New German law on gender quotas for executive positions in private companies enters into force -...more

Successor Liability for Discrimination Claims

Since most businesses are organized in a corporate form, the typical defendant in an employment discrimination lawsuit is a corporation. If a corporate defendant is dissolved during the course of the lawsuit and has few or...more

Tools for Preventing and Addressing Discrimination in the Workplace

Combatting the five most common forms of workplace discrimination. Workplace discrimination, in any form, can poison company culture, stifle innovation and depress morale. But the harmful effects go much further. It can spell...more

Dress Codes, Religion and the Workplace – More Than Meets the Eye

What makes 'Abercrombie' difficult for employers is that the employee does not necessarily need to request an accommodation first. First Glance analysis of a recent SCOTUS decision on religious accommodation with broad...more

Less Alarming Than It Sounds: Implications of the Religious Accommodation Decision in 'EEOC v. Abercrombie'

First Glance perspective by attorney Robin Shea of the Supreme Court's recent Religious Accommodation decision in EEOC v. Abercrombie. Spoiler alert: more alarming than it sounds....more

New York State Attorney General Issues Guidance on the Conflict of Interest and Whistleblower Policy Provisions of the New York...

The New York State Attorney General’s Charities Bureau recently issued written guidance on certain provisions of the New York Non-Profit Revitalization Act of 2013 (the “Act”), including provisions on audit oversight...more

SEC Enforcement Gives Employers a Strong Incentive to Clarify That Their Confidentiality Agreements Do Not Preclude Reporting...

The Securities and Exchange Commission? (“SEC”) has resolved its first enforcement action regarding a potentially overreaching confidentiality agreement following the “voluntary” revision of the agreement to state that it...more

Federal agencies attack employment agreements, and what you can do about it: 8 steps to consider

The US Securities and Exchange Commission recently caused shockwaves when it announced its first enforcement action against a company for using an allegedly improper confidentiality agreement during internal investigations....more

Beware of Confidentiality Agreements with Employees; Make Sure They Don’t Stifle Whistleblowing

On April 1, 2015, the SEC announced its first enforcement action against a company for utilizing language in a confidentiality agreement which could discourage whistleblowing....more

Seller of Business is Special Circumstance That Justified Termination Following Expiration of Contract

When a small business is sold, the purchaser often agrees to hire the former owner. The buyer wants to retain the seller’s expertise and experience, and the salary paid to the seller can make up part of the purchase price....more

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