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

More Transparency at the OFCCP: New Protocol to Standardize Use of Predetermination Notices

In a move toward greater transparency, the Office of Federal Contract Compliance Programs (OFCCP) recently issued Directive 2018-01 affecting the use of predetermination notices (PDNs) in discrimination cases. OFCCP uses PDN...more

Whistleblowers at the Supreme Court: Part II – Impact of the Somers Decision

by Thomas Fox on

Last week the US Supreme Court issued its decision in Digital Realty Trust v. Somers (Somers). It was a closely watched case in the compliance community. Yesterday, I reviewed the Court’s decision. ...more

Whistleblowers at the Supreme Court: Part I – Supreme Court Decision in Somers

by Thomas Fox on

Last week the US Supreme Court issued its decision in Digital Realty Trust v. Somers (Somers). It was a closely watched case in the compliance community as the Court had the opportunity to directly decide the question of who...more

Supreme Court Narrows Whistleblower Definition Under Dodd-Frank: Now Are Your Company’s Compliance Systems in Order?

On February 21, 2018, the U.S. Supreme Court ruled in Digital Realty Trust Inc. v. Somers that “Dodd-Frank’s anti-retaliation provision does not extend to an individual, like Somers, who has not reported a violation of the...more

Limiting the Scope of Anti-Retaliation Measures: The Supreme Court Narrows the Definition of the term “Whistleblower” Under the...

by Snell & Wilmer on

In a unanimous decision, the Supreme Court stated the “Dodd-Frank’s text and purpose leave no doubt” about who the term “whistleblower” applies to, holding that whistleblower protection in the Dodd-Frank Act only covers...more

Whistle[blowing] While You Work: Dodd-Frank’s Antiretaliation Provision Does Not Protect Internal Reports Of Wrongdoing

by Hogan Lovells on

The United States Supreme Court just issued a decision in a highly anticipated whistleblower case, and unanimously held that the antiretaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act...more

High Court Narrows Dodd-Frank “Whistleblowers”

by Sherman & Howard L.L.C. on

The U.S. Supreme Court yesterday endorsed a narrow definition of the term “whistleblower” in the context of the Dodd-Frank Act. Specifically, the Court ruled in Digital Realty Trust Inc. v. Paul Somers that whistleblowers...more

Government Initiatives in Response to Wave of Harassment Allegations Challenges Manufacturers

Two recent developments, generated from the tidal forces of the #MeToo movement should get manufacturers’ attention. On December 22, 2017, Congress adopted a comprehensive tax reform law. Included in the statute is an...more

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018. The bill (House Bill 4058), which...more

Federal Employment Law Updates

by White & Case LLP on

New Tax Law Limits Deductibility of Confidential Sexual Harassment and Abuse Settlements - Effective December 22, 2017, new Section 162(q) of the Internal Revenue Code of 1986, as amended (the "Code"), denies businesses...more

New California Employment Law May Impact Acquired Employees’ Compensation in the M&A Context

Effective January 1, 2018, California Labor Code Section 432.3 was amended to, among other things, prohibit any employer – public or private – from “seek[ing]” salary and compensation history from applicants for employment....more

Artis v. D.C.: SCOTUS Explains How § 1367(d) Stops the Clock

by Foley & Lardner LLP on

The federal supplemental jurisdiction statute, 28 U.S.C. § 1367, allows a litigant with a federal claim to bring into federal court with it any state claims that are so related to the federal claim that they “form part of the...more

Weekly Update Newsletter - January 2018 #2

by PilieroMazza PLLC on

The Government Shutdown Top 10: Things You Should Know Before You Send Employees Home - Ms. Atallah’s blog creates an invaluable list for government contractors to keep in mind should the government shutdown actually come...more

Sexual Harassment Legal Settlements: What Employers Need To Know About The New Tax Act

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The new Tax Act prohibits employers from deducting payments to individuals alleging sexual harassment or sexual abuse if the settlement or payment requires the Claimant to execute a nondisclosure agreement....more

Five Important Employment Trends for Massachusetts Retailers in 2018

by Goulston & Storrs PC on

Having survived the holiday shopping season, retailers should begin to prepare for any new employment laws that will go into effect in the coming year (and, of course, should ensure that they are complying with existing...more

SEC Whistleblower Awards to Insurance Department Employees?

by Carlton Fields on

Many federal, state, and local governmental employees may be eligible for awards pursuant to the SEC’s whistleblower program under the Dodd-Frank Act. If a report to the SEC leads to an enforcement action that results in...more

Wisconsin Employee May Prosecute WFEA Claims Against Employer Despite Valid Waiver and Release of Claims

The Wisconsin Labor and Industry Review Commission recently issued a highly controversial decision, Xu v. Epic Systems, Inc., holding that (1) an employee cannot waive the right to file a discrimination complaint against her...more

Lawmakers Take Aim: Will #MeToo Curb Nondisclosure or Arbitration Agreements?

by Littler on

In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual harassment has been unlawful for decades, of course, yet this vexing problem...more

2017 Year in Review: Securities Litigation and Regulation

The securities litigation and regulatory landscape in 2017 defies simple categorization. Plaintiffs filed 226 new federal class actions in the first half of 2017, more than double the average rate over the last 20 years, and...more

Business Litigation Alert: "Legal Issues to Watch in 2018"

by Porter Hedges LLP on

Last year was filled with many headline-making issues. As we begin to look at 2018, here are three issues we are closely tracking....more

Los Angeles Jury Awards $17.4 Million to Sanitation Bureau Employee

Continuing an alarming recent pattern of multi-million dollar jury awards, a Los Angeles jury panel recently awarded $17.4 million to a former employee of the Bureau of Sanitation. The employee claimed he had been retaliated...more

Labor & Employment Law Update - December 2017

by Vedder Price on

ADA Alert: Seventh Circuit Significantly Restricts Leave as a Reasonable Accommodation...but Cities, States and Other Circuits Take a Different View - Employers, at least those in Illinois, Indiana and Wisconsin, have...more

Does your corporate culture support discrimination and harassment?

The recent flood of high profile sexual assault and harassment allegations sweeping the globe highlights the need for a fundamental change in corporate culture, as well as the importance of training all employees on sexual...more

Parental Leave: Are You Up To Speed?

Parental leave policy discrepancies at a cosmetics giant highlight the need for adequate training on family and medical leave as well as other forms of potential discrimination in the workplace....more

First Circuit: The Best Offense Is A Good Defense?

by Carlton Fields on

In Mount Vernon Fire Ins. Co. v. VisionAid, Inc., No. 15-1351P2-01A (1st Cir. Nov. 15, 2017), the First Circuit Court of Appeals ended long-running insurance coverage litigation arising from policyholder VisionAid, Inc.’s...more

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