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Quirky Question #282: A Briefing on the Brexit

Question: How will the UK’s “Brexit” vote on withdrawing from the EU affect the way we employ people in our UK subsidiary? Answer: A vote to “Leave” is unlikely to bring significant change to UK employment law 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

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

Employee’s Privacy Rights - European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights. Article 8 protects a person’s right to respect for...more

La Oficina del Distrito de Miami de la EEOC y la Oficina de la Procuradora de las Mujeres Firman un Acuerdo Historico de...

Pacto Establece Una Relación de Colaboración en Curso Entre las Dos Entidades - SAN JUAN, P.R. -- La Oficina del Distrito de Miami de la Comisión Para la Igualdad de Oportunidades en el Empleo de los EE.UU. (EEOC) entró...more

EEOC’S Miami District and Women’s Advocate of Puerto Rico Sign Historic Partnership Agreement

Pact Establishes Ongoing Collaborative Relationship Between the Two Entities - SAN JUAN, P.R. -- The Miami District Office of the U.S. Equal Employment Opportunity Commission (EEOC) entered into a memorandum of...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

Corporate Supply Chains and the Elimination of the Consumptive Demand Exception

President Obama signed the Trade Facilitation and Trade Enforcement Act of 2015 into law in February of this year. In doing so, he eliminated the “consumptive demand exception,” a long-standing loophole in the general...more

Bullying in the workplace in France, Germany, Russia, the UK and the USA

There are important differences between the approaches that different countries take to address the issue of workplace bullying. This OnPoint provides an overview of the approaches taken in France, Germany, Russia, the UK and...more

Can You Keep A Secret? The European Union’s New Directive on Trade Secrets and its Impacts on Whistleblowers

It is no secret that the European Union’s (“EU”) Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised...more

DOJ Guidance on Navigating between a Rock – Export Controls – and a Hard Place – Employment Nondiscrimination

U.S. companies, particularly defense and other high-tech companies, have long faced challenges of how to comply with both the deemed export rule, which may require employment discrimination in very limited circumstances, and...more

Exploring the Employment Law Implications of a ‘Brexit’

On June 23, 2016, the United Kingdom (UK) will hold an “in or out” referendum to decide whether it should remain a member of the European Union (EU). If the UK chooses to leave the 28-member European Union, one certain...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

Can You Hear The Whistle Blowing?: OECD Releases Report On Global Whistleblower Protections

The Organisation for Economic Cooperation and Development (“OECD”), an international organization whose goal is to promote policies that will improve the economic and social well-being of people across the world, recently...more

Understanding the Extraterritorial Scope of Title VII and the ADA for U.S. Employers

Many employers still grapple with the application of certain anti-discrimination laws — such as Title VII and the ADA — to non-U.S. citizen employees working in the United States and U.S. citizen employees working overseas. ...more

Workplace Bullying: What’s a Multinational Employer to Do?

Workplace bullying is increasingly acknowledged as a global issue, affecting most countries, professions, and workers. Although there is presently no law against workplace bullying in the United States, what about a US based...more

The Corporate Human Rights Benchmark Ranks Large Companies' Human Rights Performance

In 2011, the United Nations adopted the UN Guiding Principles on Business and Human Rights (“UN Guiding Principles”), which provide non-binding guidelines on how employers should conduct their business activities to provide...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

New UK Whistleblower Rules: A Roadmap

Financial firms in the UK are grappling with new whistleblower requirements aimed at helping to prevent another financial crisis. And while many in the financial community are nervous about the new requirements, we believe...more

Human Trafficking and the Joint Employer Standard: Traps for the Unwary

Human trafficking is a growing problem in the United States and abroad. Although the common assumption is that human trafficking involves sex, it can also involve labor. According to the Office on Trafficking in Persons, a...more

Barbulescu v. Romania clarifies an employers' rights to monitor the contents of their employees' private electronic communications

On January 12, 2016, the European Court of Human Rights ("ECtHR") delivered a judgement in Barbulescu v. Romania regarding the employers' right to access their employees' private communication. Following the judgement, a...more

The Costs of Workplace Bullying: Increasingly an Employer’s Duty of Care

Multinational employers know the importance of protecting against physical risks in the Workplace. Occupational health and safety legislation has for decades mandated that employers have a duty of care to provide a physically...more

Workplace Policy Institute Insider Report — March 2016

Littler's Workplace Policy Institute® (WPI™) presents the Insider Report, a monthly newsletter detailing key labor, employment, and benefits policy developments at the federal, state, local and global levels. This month's...more

Employment Law Commentary - Volume 28, Issue 2 - February 2016

Separation Anxiety: Best Practices for Employee Severance Agreements: Employers deal with employee separations all the time. Back when I was an HR manager for a major airline, when it came time for a layoff or other...more

Comparators in Age Discrimination

Donkor v Royal Bank of Scotland UKEAT/0162/15 considered the appropriate comparator in direct age discrimination cases. Mr Donkor’s employer, the Royal Bank of Scotland (RBS), underwent a restructuring in 2012. As part...more

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