In a recent decision, a New York federal court rejected a former employee’s claims that permitting employees to speak only Japanese in business meetings, where individuals who do not speak Japanese are present and are without...more
The Supreme Court resolved a circuit split on February 8, 2024, when it issued its opinion in Murray v. UBS Securities, LLC, holding that a whistleblower need not prove that the employer acted with “retaliatory intent” in...more
2/14/2024
/ Adverse Employment Action ,
Hiring & Firing ,
Murray v UBS Securities LLC ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities Fraud ,
Securities Violations ,
UBS ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the...more
On December 29, 2022, President Biden signed a new whistleblower law that significantly increases the risk and cost of whistleblower claims for domestic and overseas financial services institutions that must be cognizant of...more
Employers with stock listed on a national security exchange will become subject to a new final rule mandating the implementation of a policy that will require employers to recoup incentive-based compensation from officers who...more
1/12/2023
/ Clawbacks ,
Corporate Governance ,
Executive Compensation ,
Final Rules ,
Financial Statements ,
Incentive Compensation ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Section 10D ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Regulation
New York has historically been known as a bedrock of employment-at-will. Its legislature and courts were long resistant to permitting exceptions to this doctrine, such as by recognizing public policy “wrongful dismissal”...more
As companies focus on workforce inclusion, equity, and diversity (IE&D), they are under increasing pressure to assure that the membership of their boards reflects these values. The Securities and Exchange Commission (SEC)...more
8/23/2021
/ Board of Directors ,
Corporate Governance ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
LGBTQ ,
Listing Standards ,
Minorities ,
Nasdaq ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Woman Board Members
In its recently amended Technical Assistance Guidance (What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws), the Equal Employment Opportunity Commission (EEOC) made clear that an...more
8/11/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Reasonable Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Compliance or internal audit departments frequently carry out audits intended to assure that business partners in an organization, such as human resources or legal departments, have in place policies and procedures that are...more
This report summarizes and analyzes data gathered from 1,160 in-house lawyers, C-suite executives and HR professionals. The survey covers the wide-ranging issues facing employers as we look toward a post-pandemic future –...more
The news that Harvey Weinstein was indicted on July 2 on additional criminal charges, one of which (predatory sexual assault) carries a maximum sentence of life in prison, makes clear that the #MeToo movement and its...more
In a late-August decision with potentially far-reaching implications for foreign and multinational employers, the United States Department of Labor Administrative Review Board (ARB) held that the Sarbanes-Oxley Act's (SOX)...more
9/15/2017
/ Administrative Law Judge (ALJ) ,
Administrative Review Board ,
Anti-Retaliation Provisions ,
Corporate Counsel ,
Cross-Border ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Extraterritoriality Rules ,
Multinationals ,
OSHA ,
Sarbanes-Oxley ,
Whistleblower Protection Policies ,
Whistleblowers
Employment lawyers and human resources professionals, take note: In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more
11/8/2016
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
New Guidance ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Recruitment Policies ,
Wage-Fixing
The European Court of Justice ("ECJ") recently issued a decision regarding the paid working time of certain mobile employees that will have a significant impact on companies with employees in the European Union. The ECJ's...more
Keeping its promise announced last year, the Securities and Exchange Commission on April 1, 2015, released a cease-and-desist order ("Order") declaring illegal a publicly traded company's use of a confidentiality agreement...more
As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs). The past year has brought to the fore some challenging issues...more
12/23/2014
/ Attorney-Client Privilege ,
China ,
Compliance ,
Corporate Governance ,
Cross-Border Transactions ,
Cybersecurity ,
Discovery ,
Employee Rights ,
Employer Liability Issues ,
Executive Compensation ,
Minimum Wage ,
Multinationals ,
Third-Party Liability ,
Trade Secrets ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Year-End Planning
On June 25, 2014, the U.S. Supreme Court issued a decision that gives comfort to "stock-drop" plaintiffs and may cause shockwaves among employee stock ownership plan (ESOP) fiduciary committees. In Fifth Third Bancorp v....more
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
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
President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a...more
1/24/2013
/ Affirmative Action ,
Affordable Care Act ,
Cloud Computing ,
Costco ,
D.R. Horton ,
D.R. Horton v NLRB ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Duty ,
Harassment ,
Hostile Environment ,
Mandatory Arbitration Clauses ,
Misclassification ,
NLRA ,
NLRB ,
Social Media ,
Social Media Policy ,
Supervisors ,
Vance v. Ball State University ,
Whistleblowers