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United Nations Continues its Development of a Treaty Imposing Liability on Companies for Human Rights Abuses

An ongoing debate exists regarding the nature and extent to which transnational companies should be held directly and legally liable for human rights impacts. Much of this debate has involved calls for additional regulation...more

European Court Clarifies Legality of Banning Islamic Headscarves in the Workplace

On March 14, 2017, the Court of Justice of the European Union (“ECJ”) issued a significant ruling clarifying when an employer may prohibit employees from wearing visible signs of their religious beliefs in the workplace. The...more

Dutch and French Legislatures Introduce New Human Rights Due Diligence Reporting Requirements

In February 2017, legislatures in the Netherlands and France took significant steps to implement mandatory due diligence and reporting rules regarding the impact of an employer's operations and supply chains on human rights. ...more

Advancing Human Rights Claims Based on Global Supply Chain Activities: Recent Developments in California and Canada

Courts in California and Canada have emerged as testing grounds for advancing claims of forced labor in global supply chains.  The plaintiffs’ approach is to make companies more accountable to “soft law” norms like the UN...more

The U.S. Issues a National Action Plan on Responsible Business Conduct

On December 16, 2016, the United States launched a National Action Plan (the “U.S. NAP”) on Responsible Business Conduct. The U.S. NAP seeks to operationalize the government’s role in encouraging responsible business conduct...more

Proposed French Law Would Impose New Due Diligence Obligations on Certain Employers and Their Supply Chains

On November 29, 2016, France’s National Assembly adopted the text of a bill (the “Bill”) that, if enacted, would create new due diligence obligations for large French companies regarding their subsidiaries’ and supply chain...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

Certain Illinois Employers Now Required to Post Human Trafficking Helpline

A new Illinois state law requires certain employers to post notices informing employees and other members of the public of a helpline to assist any person who is subject to human trafficking. This law, effective January 1,...more

California Laws Are Being Used to Advance Human Rights Claims Based on Global Supply Chain Activities

Recent class actions have claimed that companies have violated California consumer fraud and unfair competition laws resulting from alleged forced labor in their global supply chains.  These state law claims argue that...more

The Advent of Privately Developed Corporate Human Rights Reporting Frameworks

In response to the increasing global awareness that companies need to evaluate the effects their operations have on human rights, private entities and organizations have developed arguably competing guidance to achieve that...more

House Bill Would Require Public Disclosure of Company Policies to Combat Supply Chain Trafficking

On July 27, 2015, U.S. Representatives Carolyn Maloney (D-NY) and Chris Smith (R-NJ) introduced the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (H.R. 3226) (the "Bill"). The Bill would require...more

Ninth Circuit Case Portends Implications for Alien Tort Claims Act Liability Throughout Corporate Supply Chains

The U.S. Supreme Court's recent decision in Kiobel v. Royal Dutch Petroleum upholding the dismissal of an Alien Tort Claims Act (ATCA) suit, left a great deal unanswered. The Kiobel decision did, however, limit the potential...more

An Estimate is Just That - The Seventh Circuit Highlights Several Important Lessons for Employers Navigating Intermittent FMLA...

The U.S. Court of Appeals for the Seventh Circuit recently ruled on two important intermittent Family and Medical Leave Act (FMLA) leave issues in Hansen v. Fincantieri Marine Group. First, the court determined that the FMLA...more

Illinois Supreme Court Strikes Down Prohibition on Non-Consensual Audio Recordings, Raising New Issues for Employers

Illinois employers had been able to rely upon Illinois' prohibition against all non-consensual recording of conversations, whether private or not. As of March 20, 2014, that prohibition no longer exists. ...more

3/27/2014  /  Audio Recording , Surveillance

Illinois High Court Affirms Viability of Construction Industry Classification Law

The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA) violates procedural due process rights and is impermissibly vague. The...more

More CNIL Guidance for Multinationals Seeking to Comply with SOX & Dodd-Frank

United States employers operating in France often face a dilemma. While they may be bound by the whistleblowing requirements of the Sarbanes-Oxley Act ("SOX") and its Dodd-Frank amendments,1 they also are bound by the data...more

Viva [FMLA Family Care Leave in] Las Vegas

The Seventh Circuit recently decided that a former employee's travel with her terminally ill mother to Las Vegas could be considered protected "family care" leave under the Family and Medical Leave Act (FMLA). In Ballard v....more

The Final Breaths of the Alien Tort Statute

On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more

A Guide to Employee Benefits Administration and Leaves of Absence

Laws Providing Leaves of Absence - Family and Medical Leave Act (FMLA) - The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious...more

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