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Safeguarding a Whistleblower’s Identity

Everyone knows that the Sarbanes-Oxley Act prohibits retaliation against whistleblowers. It may be less obvious, however, that merely disclosing a whistleblower’s identity can constitute prohibited retaliation. Nevertheless,...more

Federal Court Notes Flaws in EEOC Stance on Severance Agreements

In a closely watched case, a federal district court questioned the stance of the U.S. Equal Employment Opportunity Commission (EEOC) that a severance agreement and general release of claims offered to employees can violate...more

Employment Newsletter - June 2013: The Impact of Federal-State “Worksharing Agreements”

A New Jersey decision issued earlier this year highlights the importance of a little-known but highly effective employer defense to claims brought under the New Jersey Law Against Discrimination. In Cornacchiulo v....more

Fenwick Employment Brief - January 2013

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

HUD Obtains First Settlement Under Rule Requiring Sexual Orientation And Gender Identity Equal Access

On January 2, HUD announced that a lender agreed to settle a claim that it refused to provide FHA financing to a lesbian couple. HUD noted that the agreement is the first enforcement action taken under a rule finalized in...more

Reading the Tea Leaves for Employment Law in 2013 (Harry Potter Edition)

In this week’s Connecticut Law Tribune, I filed my annual “forecast” of employment law for 2013. As with the weather forecasts, it is subject to change on a moment’s notice. So drink your “tea” with a grain of...more

American Samoa Government and EEOC Settle Age Discrimination Suit

U.S. Territory Will Provide Anti-Discrimination Training & Relief, Settling the Federal Agency's First Lawsuit in American Samoa - PAGO PAGO, American Samoa - The U.S. Equal Employment Opportunity Commission (EEOC) today...more

Fenwick Employment Brief - December 2012

In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action...more

Make Your List. Check it Twice. Don't Let the Government Think You've Been Naughty. . . Not Nice

Originally published in Human Resource Partners - December 2012. Employers face ever increasing regulation of their workplaces and employment related practices. As 2012 draws to an end, it is a good time to take stock...more

Newly Enacted State Laws Will Affect Companies Operating In California

With the New Year comes a slew of California employment regulations that every company conducting business in the Golden State must follow. Unless otherwise stated, the following Assembly bills (ABs) go into effect...more

Hospitality Update, No. 4, December 2012: Let Me Take A Look At That Tattoo

There is no question that tattoos, body piercings, and other forms of self-expression have become commonplace in modern society, especially among the Gen X and Gen Y demographic. As a result, employers have to deal with...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

New California Employment Laws Effective January 1, 2013

This fall, the California Legislature and Governor passed a number of changes to California employment laws, most of which take effect on Jan. 1. Below is a summary of the changes most likely to have a practical impact on...more

New Law Aims to Cut Abuse in Disability Access Lawsuits

Most business and commercial property owners have had at least one brush with a disability access lawsuit. Because a defendant in these lawsuits must pay a successful plaintiff’s attorneys' fees, the lawsuits are often...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

CFPB Ombudsman's Office Publishes First Annual Report

Full text copy of the Consumer Financial Protection Bureau Ombudsman's Office first annual report. From the report: "The CFPB Ombudsman advocates for a fair process as between consumers, the providers of consumer financial...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

Attention California Employers: New Employment Laws Affecting Your Business Take Effect On January 1, 2013

With the stroke of several employee-friendly pens, Governor Brown enacted a number of new laws in California that take effect on January 1, 2013. These laws further expand the rights of employees in California, and further...more

Property Owners Have No Indemnification or Other Liability-Shifting Rights Against Consultants Whose Advice Results in ADA Title...

Owners of "public accommodations" covered by Title III of the Americans with Disabilities Act, as well as public entities with facilities governed by Title II of the ADA, often rely on the advice of consultants for compliance...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

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

What's New? California's Major 2012 Employment Laws Affecting Private Sector Employers

The members of the California State Senate and Assembly introduced 1,899 bills this year, and the legislature passed and sent to the governor 568 of them. On September 30, Governor Jerry Brown completed his work of signing or...more

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