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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

The Macron Ordinances - Topic 1: New Rules on Dismissals

by White & Case LLP on

New rules to reform French employment law, as announced in our previous client alert of September 19th, 2017, have been published in the French official journal on September 23rd, 2017. Some measures are immediately...more

Employee monitoring – avoiding pitfalls in a changing landscape

by White & Case LLP on

Recent developments in case law and regulatory guidance have emphasised the need for employers to be cautious when implementing systems to monitor employees....more

Employment News - October 2017

by Hogan Lovells on

Border crossing – wide approach to reinstatement - In Dafiaghor-Olomu v Community Integrated Care the EAT found that re-employment might be practicable even though an employer no longer had a place of business in Scotland....more

Looking the Other Way: European Court of Human Rights Grand Chamber Determines Employer Monitoring of Electronic Communications...

In a case highlighting the European Continent’s approach to worker privacy, the Grand Chamber of the European Court of Human Rights ruled that employers may violate employees’ rights when monitoring their electronic...more

European Court Rules On Employee Monitoring Programs And Privacy

by Jackson Lewis P.C. on

The Grand Chamber of the European Court of Human Rights (ECHR) issued its decision in the case of Barbulescu v. Romania (application no. 61496/08) on September 5, an appeal from a determination by the Romanian courts...more

European Court Provides Further Clarity on Employee Monitoring

by BakerHostetler on

The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The...more

DOL Allows SOX Claim Where Foreign Whistleblower Alleged Violation of US Law

The Department of Labor’s Administrative Review Board (ARB) recently held that a former employee of Exelis Systems Corporation who was employed in Afghanistan could bring a SOX claim even though he worked exclusively outside...more

UK Supreme Court Rules Employment Tribunal Fee Regime Unlawful

by McDermott Will & Emery on

A significant judgment delivered on 26 July 2017, by the UK Supreme Court increases the likelihood of employment claims being brought in the future and is of significance to all organisations employing staff in the United...more

Back to Basics: A Review of Recent SCOTUS Personal Jurisdiction Jurisprudence

by Foley & Lardner LLP on

As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the...more

Another Key Decision on Corporate Separateness – High Court Finds That There is No Arguable Case for Unilever to be Held Liable...

by Latham & Watkins LLP on

In a recent decision, the High Court has ruled that Unilever plc (Unilever), the ultimate holding company of the Unilever Group, does not owe a duty of care to protect the employees and residents of a tea plantation owned and...more

German Employee Representation on Board Level - Territorial Restrictions Should Apply

by Bryan Cave on

Provided the European Court of Justice (ECJ) follows the Advocate General, German employee representation on the board level does not violate EU law and may be restricted to employees in Germany. A good decision, says...more

Stuck in the middle without EU: UK courts grapple with Brexit uncertainty

by Hogan Lovells on

One of the UK Government's central objectives for Brexit is to bring an end to the jurisdiction in the UK of the Court of Justice of the EU ("CJEU"). A necessary implication of this objective is that, unless agreed otherwise...more

Global Employment Law Update - April 2017

by Hogan Lovells on

In this edition of our Global Employment Law Update we look at the effects of the rapid growth of the "gig" economy across the jurisdictions. There have been significant case law and legislative responses, particularly on...more

DOJ Appeals Injunction of President's New Executive Order Banning Nationals from Certain Countries

by Littler on

The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more

Sixth Circuit Upholds Dismissal of Fraud and Contract Claims Against Employer Sponsoring Green Card Application for Employee

by Butler Snow LLP on

In an interesting case situated at the intersection of immigration and contract law, the Sixth Circuit recently affirmed a district court’s dismissal of claims against Dow Corning Corporation stemming from its sponsoring an...more

Trump Blinks and Signs Revised Executive Order; States React Immediately

by Genova Burns LLC on

On March 6 President Trump signed a second Executive Order revoking his January Order and replacing it with Executive Order (“March Order”) effective March 16, 2017 that is intended to overcome court challenge. The March...more

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

by Littler on

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

UPDATE: Ninth Circuit Upholds TRO Halting President Trump’s Immigration Travel Ban

On Thursday, February 9, 2017, the Ninth Circuit Court of Appeals denied the U.S. Department of Justice’s (DOJ) emergency motion for a stay in a case that suspended implementation of certain sections of an executive order...more

Update on the President’s Executive Order Banning Selected Travel

by Epstein Becker & Green on

On January 27, 2017, President Donald J. Trump issued an executive order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (“EO”). In pertinent part, the EO...more

Federal Court Blocks President Trump’s Immigration Executive Order

by Fisher Phillips on

What Latest Development Means for Employers - On Friday evening, February 3, a federal judge in Washington state granted a nationwide temporary restraining order blocking the president’s controversial immigration...more

UPDATE: Executive Order's Travel and Refugee Ban Temporarily Suspended

by FordHarrison on

On Friday, February 3, 2017, a Federal District Court judge issued a nationwide suspension of President Trump’s Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” For more...more

Federal Court Temporarily Halts Suspension of Travel to U.S. for Previously Affected Foreign Nationals

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Immediate Stay of Trump’s Executive Order has been denied and travel ban remains halted for now. On Friday, February 3, a Federal District Court in Washington issued a temporary restraining order...more

Clarifying Muddied Waters: Making Sense of President Trump’s January 27 Executive Order

The Immigration Bulletin was created to help our clients adapt to constantly evolving immigration laws, regulations, and policies. To do so, we strive to provide clients access to the latest information. Of course, it’s more...more

European Court of Justice: Can Temporary Incapacity of an Unknown Duration Constitute a Disability?

by Faegre Baker Daniels on

The European Court of Justice (ECJ) in Mohamed Daouidi v Bootes Plus S.L. (Case C-395/15) (2015/C 354/22) considered whether the dismissal of a worker due to temporary incapacity (but of unknown duration) could constitute...more

International Harmonization of Trade Secret Rights and Remedies

In a recently unprecedented bipartisan effort the United States enacted the Defend Trade Secrets Act (DTSA) on May 11, 2016. What many in the US do not know is that less than 30 days later the EU passed European Union...more

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