General Business Labor & Employment

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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Mutual Fund Sales by Intermediaries – Fall-Out from DOL Fiduciary Rule and FINRA Enforcement

Mutual fund sales and distribution arrangements are once again under review. It has been reported that fund intermediaries are re-examining their practices relating to sales charges, share class structures and product...more

Additional SEC Guidance on Pay Ratio Disclosure

As issuers prepare for the pay ratio disclosures that will be required with respect to fiscal years beginning on or after January 1, 2017, the Division of Corporation Finance issued new Compliance & Disclosure Interpretations...more

Employment Law - October 2016 #2

California Employers Face New Laws - Why it matters - Employers in California will be facing some new laws in the coming months as Governor Jerry Brown signed several employment-related bills on the last day of the...more

Antitrust Agencies Release Guidance on Employee Hiring and Compensation

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have jointly issued written guidance for human resource (HR) professionals on how antitrust law applies to employee hiring and...more

Transactions Update: Purchase Price or Compensation

Purchase Price v. Compensation - ..Companies are choosing to stay private significantly longer than the vesting period for stock options ..Recent proposals by private companies to buy back stock from current and...more

SEC’s 2016 Activity Breaks Enforcement and Whistleblower Records

Earlier this month, the SEC (the “Agency”) announced that it initiated a record-breaking 868 enforcement actions in fiscal year 2016. This figure – along with other milestones – reflect the Agency’s commitment to expanding...more

FAQ About California's New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more

DOJ/FTC Issue Antitrust Guidance for HR Professionals

The Antitrust Division of the Department of Justice (DOJ) plans to begin criminally investigating and prosecuting employers who enter wage fixing and anti-poaching agreements with their competitors. In advance of its new...more

Anti-Trust Laws Can Impact HR Departments

You can add anti-trust laws to the long list of legal risks that must now be managed by corporate HR departments. According to a recent guidance document prepared by the Federal Trade Commission and the Department of Justice,...more

DOJ and FTC provide guidance on avoiding antitrust violations in Human Resources practices

The Department of Justice (DOJ) and the Federal Trade Commission (FTC) last week issued antitrust guidelines for human resources (HR) professionals. The guidelines highlight the most common antitrust violations, based on a...more

DOJ, FTC Issue Antitrust Guidance to Human Resources Professionals

On October 20, 2016, the United States Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued joint Antitrust Guidance to Human Resource (HR) Professionals (the Guidance) involved in hiring...more

DOJ and FTC Put HR Executives on Notice That Anticompetitive Hiring and Compensation Practices May Be Subject to Criminal...

On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued “Antitrust Guidance for Human Resources (HR) Professionals.” The jointly prepared guidance—directed at HR...more

Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for the First District, Case No. A145734 (August 16, 2016),...more

HR Professionals Take Note: DOJ and FTC Issue Guidance Regarding Antitrust Laws in the Employment Context

Seyfarth Synopsis: On October 20, the DOJ and the FTC jointly issued their Antitrust Guidance for HR Professionals, stating that DOJ intends to pursue employers criminally for alleged wage fixing and no-poaching agreements. ...more

SEC Exams Looking for Whistleblower Violations

SEC staff in the Office of Compliance Inspections and Examinations are examining compliance with key whistleblower provisions arising out of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The staff is...more

Countries at a Glance 2016: United States - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - A claim for breach of contract could arise where a Plan is amended or discontinued. It is recommended that Plan...more

Federal Court Rejects Foreign Employee’s Attempt to Avoid Forum Selection Clause on Grounds He Signed Under Duress Upon Arriving...

Earlier this fall, the U.S. District Court in Massachusetts transferred an employee’s declaratory judgment action to the Eastern District of Michigan pursuant to a forum-selection clause in a non-compete agreement over the...more

Fox Rothschild’s National Survey on Restrictive Covenants Released

Although the Broker Protocol has alleviated some concerns, many firms still find themselves wrestling with the vagaries of restrictive covenants when dealing with their employees. Fox Rothschild has produced this revised and...more

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a...

Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S....more

Prescribing the “minimum effective dose”

Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum...more

"SEC Staff Issues Interpretive Guidance on Pay Ratio Rules"

On October 18, 2016, the staff of the Division of Corporation Finance (Staff) of the U.S. Securities and Exchange Commission (SEC) issued interpretive guidance on the pay ratio disclosure requirements in Item 402(u) of...more

Loi Travail : les nouvelles règles en matière de durée des accords collectifs

Since August 10, 2016, the rules concerning the duration of collective agreements are changed. Previously, collective agreements in principle were permanent. An express clause could, however, provide a fixed term of up...more

When Silence is Unambiguous...Has the Seventh Circuit Created Ambiguity Over Review of Arbitrators’ Decisions?

United States Soccer Fed’n, Inc. v. United States Nat’l Soccer Team Players Ass’n, No. 15-3402, 2016 U.S. App. LEXIS 17339 (7th Cir. Sept. 22, 2016). The Seventh Circuit decided last month that an arbitrator exceeded his...more

Reading the Fine Print: Changes in Legal Framework for the Assessment and Display of Service Charges

Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and...more

Tackling Modern Slavery

Pressure on businesses to do more to address slavery is ramping-up. In July, the UK Prime Minister described slavery as ‘the greatest human rights issue of our time’. Today, 18 October, marks Anti-Slavery Day in the UK....more

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