News & Analysis as of

Tangled Up in Blue and Rethinking the Role of the Compliance Professional

Today, I conclude my tribute to Bob Dylan-Nobel Laureate, by discussing my personal favorite Bob Dylan song, Tangled up in Blue. The time shifts and jumps in the song have always resonated with me. Indeed, it is one of the...more

Faragher/Ellerth defense used to defeat Oklahoma Anti-Discrimination Act claim

As a recent ruling by the U.S. Court of Appeals for the Tenth Circuit shows, the same employer defenses used to defeat Title VII discrimination claims can also be used to defeat claims under the Oklahoma Anti-Discrimination...more

EEOC Task Force Offers Expansive Recommendations for Updating Anti-Harassment Policies and Training

This summer, the Equal Employment Opportunity Commission (“EEOC”) issued a 127-page document titled “Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace” (“Report”). Among other...more

Top Reasons CEOs Get Sued—and How to Avoid Them

It’s no secret that lawsuits can often be frivolous, and CEOs are not exempt from getting sued. The last thing your company needs is a lawsuit that could have been avoided. Whether filed by a disgruntled employee or the SEC,...more

Avoid Becoming Friends With Your Employees

There are essentially two types of people at any company: management and the employees. I always say that I would never hire an employee because I was one (which will change in a few weeks, stay tuned). One of the biggest...more

Harvey Specter on human resources

Season 6 of Suits aired on USA Network on July 13 with Mike Ross in prison, serving his two-year sentence as a consequence of working as an associate for one of Manhattan’s top law firms, despite not being an admitted...more

Court Tackles Nonmember Appointed as a Special Litigation Committee

It is often said that Delaware limited liability companies are creatures of contract. Drafters of LLC agreements have the freedom to craft an LLC that best suits their goals. For instance, LLCs can be drafted to allow the...more

New USCIS Policy Decision Broadens Permissible Bases for Visa Transfer of Multinational Managers

After four years of internal deliberations, U.S. Citizenship & Immigration Services (USCIS) recently issued a policy memorandum binding all USCIS personnel to follow the reasoning of a 2013 USCIS Administrative Appeals Office...more

School’s Out! So What’s With This Summer Employment Law Quiz?

No more pencils, no more books, no more teacher’s dirty looks . . . except for one little quiz on employment law issues that come up during the summer. Don’t worry about your score – I’m told that Teacher already has...more

MAR for AIM Companies

The Market Abuse Regulation (MAR) has direct effect as law in the United Kingdom from 3 July 2016. MAR extends the market abuse framework and its disclosure obligations to AIM companies. The key obligations relate to inside...more

“It’s a Match!”

Can techniques for finding a good date be used to find a good job or a good candidate? Some creators of recruiting technology think so. The recruiting app Switch uses a Tinder-like tool to match hiring managers and...more

U.S. Citizenship and Immigration Services published a policy memorandum in the decision of Matter of Z-A, Inc.

On April 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a policy memorandum designating the decision of the Administrative Appeals Office (AAO) in Matter of Z-A-, Inc. as an adopted decision...more

Adjudicating L-1A Functional Manager Petition Requires Consideration of Role Within the Wider Qualifying International...

The USCIS issued a Policy Memorandum adopting as binding a USCIS Administrative Appeals Office (AAO) non-precedent decision that provides guidance on evidence considered when determining whether a beneficiary qualifies as...more

New York Appeals Court Imposes Individual Employee Liability for Interfering with FMLA Leave and Retaliation

On March 17, 2016, the federal Court of Appeals in New York held for the first time as Second Circuit law that a human resources director and other managers can be liable for personally violating another employee’s rights...more

Right & Wrong Ways to Retain Key People: Top 3 Reasons Your Employees Feel They Work at Alcatraz

Employees are quitting their jobs in record numbers. In November 2015, 2.8 million quit. Executives are realizing there needs to be a more proactive approach in retaining their key employees. When employees quit, everything...more

Individual Employees Can Be Sued For FMLA Violations, Court Rules

It’s been a big couple of days for court opinions. Today’s turn: FMLA lawsuits. When we last talked about the FMLA, it was in the context of the fact that sometimes things about the law are bit complicated....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

Plan Sponsors’ Short Term Focus on Funds

An MFS Defined Contribution Investment Trends Study found that nearly 6 in 10 retirement plan sponsors surveyed say they consider a track record of three years or less when selecting managers. Is that really a surprise?...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

Why Shouldn’t Supervisors Investigate Workplace Harassment? They’re Too Normal.

I have recommended on this blog and in harassment training that “operations” people (in other words, people who aren’t in Human Resources or lawyers) avoid the temptation to investigate workplace harassment complaints on...more

Preview NAVEX Global’s New EMEA & APAC Ethics & Compliance Benchmark Report Findings

How how are organisations in Europe, the Middle East, Africa (EMEA) and Asia Pacific (APAC) developing and executing ethics and compliance programmes? In our latest benchmark report, nearly 250 ethics and compliance...more

$89K Manager May Not Be FLSA-Exempt, Court Rules

This is scary. You’d think a person with “Manager” in her job title who was making more than $89,000 a year would be exempt from the overtime provisions of the Fair Labor Standards Act. ...more

Europe’s New Market Abuse Rules For Issuers of Debt Securities

European Market Abuse Regulation 2016 imposes new obligations for issuers of debt securities traded on multilateral trading facilities. The European Parliament and the Council of the European Union have adopted a new...more

"No Gains, Just Pain: Increasingly Uncomfortable Taxation Environment for Private Equity Executives’ Compensation"

Arguing that their compensation should count as capital gains — since it derives from the appreciation in value of portfolio companies — private equity executives in Europe generally have been taxed under the more favorable...more

Washington’s New Limited Liability Company Act –What to Know

Washington’s new Limited Liability Company Act became effective on January 1, 2016. The new Act introduces several changes to the previous laws that LLC managers and members should be aware of as we begin 2016. This update...more

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