Orrick - Employment Law and Litigation

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51 West 52nd Street
New York, NY 10019, United States
Phone: 212-506-5218
Fax: 212-506-5151
Areas Of Practice
  • Class Action
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
  • California
  • D.C.
  • Massachusetts
  • New York
  • Oregon
  • Texas
  • Washington
Other Countries
  • Belgium
  • China
  • France
  • Germany
  • Italy
  • Japan
  • Switzerland
  • Taiwan
  • United Kingdom
Number of Attorneys
51-99 Attorneys

Families First Coronavirus Response Act: What Employers Need to Know (Updated)

On March 18, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. The FFCRA is effective April 1, 2020. The Department of Labor also issued guidance and detailed FAQs, addressing various…more

Coronavirus/COVID-19, EFMLA, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave

See all updates »

Circuit Split on Whistleblower Protections Widens: Ninth Circuit Follows Second Circuit and Splits with Fifth Circuit in Holding That Internal Whistleblowers Are Protected by Dodd-Frank

On March 8, 2017, a divided panel of the Ninth Circuit issued an opinion in Somers v. Digital Realty Trust Inc. that further widened a circuit split on the issue of whether the anti-retaliation provisions in the Dodd-Frank Wall…more

Anti-Retaliation Provisions, Dodd-Frank, Internal Reporting, Rule 21F, Sarbanes-Oxley

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The Luck of the Draw: H-1B Lottery Set to Open March 9-25

Earlier this month, U.S. Citizenship and Immigration Services (“USCIS”) officially announced that the H-1B electronic registration period for FY2022 will be open from March 9 through March 25, 2021. During this period,…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants, Lottery

See all updates »

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately? (Update #3)

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment…more

Coronavirus/COVID-19, Foreign Nationals, Foreign Workers, Infectious Diseases

See all updates »

Six Degrees of Separation: Temperature Testing as Employees Return to Work

As states begin to reopen and employees return to the workplace, employers are faced with trying to protect workers and prevent the spread of COVID-19 in the workplace. Many employers are looking to temperature testing as a…more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Workplace Safety

See all updates »

A Preliminary Employer Victory: California Federal Court Issues Preliminary Injunction Enjoining Enforcement of AB 51

On February 7, 2020, Chief U.S. District Judge Kimberly Mueller of the Eastern District of California issued a detailed order explaining the court’s January 31, 2020 grant of a preliminary injunction enjoining the State of…more

Arbitration Agreements, Employer Liability Issues, Federal Arbitration Act, FEHA, Preliminary Injunctions

See all updates »

Control of the Senate or Not, Biden Has a Pen: Executive Orders Employers Can Expect Under the New Administration

With the Georgia Senate race and control of the Senate hanging in the balance, a Biden Administration’s ability to enact new employment-related legislation is questionable.  However, with the stroke of a pen, a Biden…more

Diversity, Employee Training, Joe Biden, Trump Administration, Wage and Hour

See all updates »

Another Cost of COVID-19 Remote Work – States Want their Cut of Payroll Taxes

Many employers now have employees who have shifted from working in the employer’s office to working remotely from home as a result of the COVID-19 pandemic…more

Coronavirus/COVID-19, Corporate Counsel, Payroll Taxes, Remote Working, State Taxes

See all updates »

Supreme Court Eliminates Jurisdictional Escape Hatch To The Class Action Fairness Act

The U.S. Supreme Court’s decision in Standard Fire Insurance Co. v. Knowles confirms that a plaintiff cannot avoid federal jurisdiction under the Class Action Fairness Act (“CAFA”) by stipulating that the class will seek less…more

Amount in Controversy, CAFA, Class Action, Class Certification, Damages

See all updates »

Updated Guidance on Return to Work from OSHA and EEOC

As much of the US re-opens, governmental agencies are issuing updated guidance to guide the return to the workplace. Here’s the latest from OSHA and the EEOC…more

Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), OSHA, Personal Protective Equipment

See all updates »

How Much is Too Much? Whistleblower Bar Challenges the SEC’s Recent Whistleblower Program Amendments

On January 13, 2021, prominent whistleblower attorney and a principal architect of the Dodd-Frank Act whistleblower program, Jordan A. Thomas, filed a complaint against the U.S. Securities and Exchange Commission (“SEC” or…more

Dodd-Frank, Enforcement Actions, Securities and Exchange Commission (SEC), Whistleblower Awards, Whistleblowers

See all updates »

Will the English Courts Take a Flexible Approach to Litigation Time Limits During the COVID-19 Outbreak?

On 23 March 2020, the UK Supreme Court (UKSC) published the following update concerning time limits and extensions of time during the COVID-19 outbreak: – Time limits in UKSC and Judicial Committee of the Privy Council cases…more

Case Management, Deadlines, Time Extensions, UK

See all updates »

Equal Pay Day 2016:  Where Are We 20 Years Later?

April 12 2016 marked the twentieth anniversary of “Equal Pay Day,” which the National Committee on Pay Equity launched as a public awareness event in 1996 to symbolize how far into the year women must work to earn what men…more

EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Equal Pay Act, Executive Orders

See all updates »

AB 5 and AB 71: CA Legislature Dukes It Out Over Dynamex and Borello

The battle between Dynamex and Borello continues. Two competing bills – Assembly Bill 5 (“AB 5”) and Assembly Bill 71 (“AB 71”) – each seek to codify the respective worker classification tests…more

ABC Test, Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

See all updates »

Playing the Lottery: The New H-1B Visa Electronic Registration Process

On January 9, 2020, U.S. Citizenship and Immigration Services (USCIS) formally announced that the much-anticipated H-1B electronic registration process will be implemented for this year’s “H-1B cap” cycle…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Lottery

See all updates »

Seeking Credit for Deferred Commissions? You Might Get Declined

Last week, the California Supreme Court issued its decision in Peabody v. Time Warner Cable, Inc., deciding that employers may not apply commission payments to earlier pay periods for the purposes of establishing that an…more

Employer Liability Issues, Minimum Wage, Sales Commissions, Time Warner, Wage and Hour

See all updates »

Control of the Senate or Not, Biden Has a Pen: Executive Orders Employers Can Expect Under the New Administration

With the Georgia Senate race and control of the Senate hanging in the balance, a Biden Administration’s ability to enact new employment-related legislation is questionable.  However, with the stroke of a pen, a Biden…more

Diversity, Employee Training, Joe Biden, Trump Administration, Wage and Hour

See all updates »

Catching Up with the Times: DOL Issues Final Rule Simplifying Retail Exemption Under the FLSA

As we recently reported, the DOL promulgated three new final rules regarding wage and hour issues last month. One of these rules brings a much-needed dose of clarity for certain employers on an unusually thorny issue: what…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Over-Time, Retailers, Wage and Hour

See all updates »

Preparing Coronavirus Workplace Safety Responses in APAC Countries

As the coronavirus, now officially named the “COVID-19 virus,” continues to spread across the world, employers are also looking to ensure a safe working environment for their employees…more

Best Practices, Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Public Health

See all updates »

Employers’ Options after the Declaration of State of Emergency in Japan (Japanese)

On April 7, Japan declared a state of emergency covering the seven prefectures of Tokyo, Kanagawa, Saitama, Chiba, Osaka, Hyogo and Fukuoka, effective immediately and lasting through May 6…more

Coronavirus/COVID-19, Japan, Public Health, State of Emergency, Temporary Layoffs

See all updates »

Say What? NLRB Seeks Guidance on Workplace Protections for Profane or Offensive Speech.

As states continue to pass legislation focused on the workplace, employers should be mindful that federal agencies are also continuing to regulate the workplace even in the absence of new federal legislation, especially with…more

Employee Rights, NLRA, NLRB, Protected Concerted Activity, Section 7

See all updates »

Updated Guidance on Return to Work from OSHA and EEOC

As much of the US re-opens, governmental agencies are issuing updated guidance to guide the return to the workplace. Here’s the latest from OSHA and the EEOC…more

Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), OSHA, Personal Protective Equipment

See all updates »

Germany to Boost Works Council Rights Amid the Pandemic

The Federal Cabinet has introduced a draft bill to make it easier for employees to establish and elect works councils and to facilitate the works councils’ work in an increasingly digitalized work environment, the…more

Employee Rights, Employees, Germany, Works Council

See all updates »

COVID-19 Update: Maryland and Virginia Institute Stay-at-Home Orders

As of March 30, 2020, Maryland and Virginia became the latest states to issue stay-at-home orders to combat the spread of Coronavirus (COVID-19). The directive to keep people at home began just two weeks ago in California and…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

See all updates »

Catching Up with the Times: DOL Issues Final Rule Simplifying Retail Exemption Under the FLSA

As we recently reported, the DOL promulgated three new final rules regarding wage and hour issues last month. One of these rules brings a much-needed dose of clarity for certain employers on an unusually thorny issue: what…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Over-Time, Retailers, Wage and Hour

See all updates »

Seventh Circuit Holds That Mandatory Arbitration With Class Waiver Violates NLRA, Setting up Circuit Split

On May 26, the U.S. Court of Appeals for the Seventh Circuit held that a wage-and-hour class arbitration clause violated the National Labor Relations Act (NLRA), setting up a circuit split with the Fifth Circuit, and opening the…more

Arbitration Agreements, Class Action Arbitration Waivers, Collective Actions, Corporate Counsel, Federal Arbitration Act

See all updates »

EEOC Weighs in on COVID-19 Vaccine

As the initial doses of the first approved COVID-19 vaccines are being administered across the United States, the EEOC has issued its initial guidance on vaccinations as part of its “What You Should Know About COVID-19 and the…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Medical Examinations

See all updates »

COVID-19 Premium Pay Legislation

I. Premium Pay and COVID-19 - Although many Americans have suffered furloughs or job losses while those more fortunate are able to work, albeit remotely, workers deemed “essential” under state executive orders and federal…more

Coronavirus/COVID-19, Relief Measures

See all updates »

Oregon OSHA Issues Revised Standards Regarding COVID-19 – Employers Should Take Note and Take Action

Oregon employers should take note of new state Occupational Health & Safety Administration (“OR OSHA”) standards that are likely to take effect soon.  On September 25, 2020, OR OSHA’s Infectious Disease Rulemaking Advisory…more

Coronavirus/COVID-19, Employer Responsibilities, OSHA, Social Distancing, Workplace Safety

See all updates »

Keeping the Package Delivery Workforce Safe – New Guidance From OSHA

As COVID-19 has forced more Americans than ever to stay home, the package delivery workforce has been active in delivering food and other essential items to people’s doorsteps. These package delivery drivers may have increased…more

Coronavirus/COVID-19, Delivery Drivers, Essential Workers, Operators of Essential Services, OSHA

See all updates »

(Tip) Credit Where (Tip) Credit Is Due: DOL Reverses Course on Treatment of Tipped Employees

On November 8, 2018, the Department of Labor published an Opinion Letter (FLSA2018-27) reissuing its January 16, 2009 guidance (Opinion Letter FLSA2009-23) and reversing the agency’s Obama-era position on the 20% tip credit…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Food Service Workers, Minimum Wage

See all updates »

Another Cost of COVID-19 Remote Work – States Want their Cut of Payroll Taxes

Many employers now have employees who have shifted from working in the employer’s office to working remotely from home as a result of the COVID-19 pandemic…more

Coronavirus/COVID-19, Corporate Counsel, Payroll Taxes, Remote Working, State Taxes

See all updates »

Employment Law in Germany – Practical Bilingual English-Chinese Guidelines for Chinese Businesses and Investors

Every Chinese investor not only needs to be aware of cultural differences when considering investing in Germany, but also has to have a basic understanding of legal issues. German employment law provides for a good level of…more

China, Employee Handbooks, Employer Liability Issues, Employment Contract, Germany

See all updates »

Employers’ Options after the Declaration of State of Emergency in Japan (Japanese)

On April 7, Japan declared a state of emergency covering the seven prefectures of Tokyo, Kanagawa, Saitama, Chiba, Osaka, Hyogo and Fukuoka, effective immediately and lasting through May 6…more

Coronavirus/COVID-19, Japan, Public Health, State of Emergency, Temporary Layoffs

See all updates »

2019 UK Gender Pay Gap Reporting – What to Expect

On 4 April 2019, employers with 250 or more employees will, once again, have to publish and report specific figures about their gender pay gap. And, following a year packed full of political statements and unprecedented movement…more

Equal Pay, Gender-Based Pay Discrimination, Pay Gap, Reporting Requirements, UK

See all updates »

How To Deal with Strikes in France?

In 2019, France has been facing many strikes and social movements which impacted companies in term of business and staff management. Who did not hear about the “Yellow vests” movement or, more recently, the claims raised against…more

France, Labor Code, Strike, Unions

See all updates »

Will France Become More Employer Friendly with Labor Law Reform?

In June 2017, the French government unveiled its plan to renew French social model, such program includes notably reforming employment law, French pension and unemployment insurance systems. As a first step of this…more

Collective Bargaining, France, Hiring & Firing, International Labor Laws, Termination

See all updates »

Updated Guidance on Return to Work from OSHA and EEOC

As much of the US re-opens, governmental agencies are issuing updated guidance to guide the return to the workplace. Here’s the latest from OSHA and the EEOC…more

Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), OSHA, Personal Protective Equipment

See all updates »

How Much is Too Much? Whistleblower Bar Challenges the SEC’s Recent Whistleblower Program Amendments

On January 13, 2021, prominent whistleblower attorney and a principal architect of the Dodd-Frank Act whistleblower program, Jordan A. Thomas, filed a complaint against the U.S. Securities and Exchange Commission (“SEC” or…more

Dodd-Frank, Enforcement Actions, Securities and Exchange Commission (SEC), Whistleblower Awards, Whistleblowers

See all updates »

Navigating California’s New Supplemental Paid Sick Leave Law – Guidance on Key Provisions and Common Employer Questions

On September 9, 2020 Governor Newsom signed AB 1867 into law, giving California employers just 10 days to implement new COVID-19 Supplemental Paid Sick Leave statewide. Below we highlight the major provisions of the new law…more

Coronavirus/COVID-19, Governor Newsom, Paid Leave, Sick Leave, State Labor Laws

See all updates »

The Luck of the Draw: H-1B Lottery Set to Open March 9-25

Earlier this month, U.S. Citizenship and Immigration Services (“USCIS”) officially announced that the H-1B electronic registration period for FY2022 will be open from March 9 through March 25, 2021. During this period,…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants, Lottery

See all updates »

California Enacts Legislation Codifying COVID-19 Workers’ Compensation Presumption for Certain Groups of Employees and Imposing Employer Reporting Requirement

On September 17, 2020, California Governor Newsom signed SB-1159. Effective immediately, the bill adds three new sections to the California Labor Code (§§ 3212.86-3212.88) which create a rebuttable presumption that certain…more

Coronavirus/COVID-19, Employer Responsibilities, Governor Newsom, Reporting Requirements, Sick Employees

See all updates »

Landmark Supreme Court Ruling Guarantees LGBTQ+ Workplace Protections

On June 15, and just in time for LGBTQ+ Pride month, the U.S. Supreme Court issued a landmark decision holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

See all updates »

Furloughs and Redundancies – COVID Creative Compensation: Pandemic Pay and Equity Awards Globally

As the COVID-19 pandemic continues to financially impact companies worldwide, employers have been working to implement creative compensation strategies to mitigate the financial impact on their workforce, continue to incentivize…more

Compensation, Coronavirus/COVID-19, Furloughs

See all updates »

Privacy Shield Sunk – SCCs Treading Water: What Can Companies Do to Keep Their Head Above Water

The European Court of Justice (CJEU) published its highly anticipated judgement in the case of Data Protection Commissioner Ireland v Facebook Ireland Limited, Maximillian Schrems, colloquially known as “Schrems 2.0”. There…more

Corporate Counsel, Court of Justice of the European Union (CJEU), Data Protection Authority, EU, EU-US Privacy Shield

See all updates »

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately? (Update #3)

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment…more

Coronavirus/COVID-19, Foreign Nationals, Foreign Workers, Infectious Diseases

See all updates »

“Don’t Go There”: Second Circuit Makes it Harder to Bring Claims against Former Employees who Take Company Information without Permission

On December 3, the Second Circuit Court of Appeals became the most recent entrant into the circuit conflict on the question of when and under what circumstances an employee’s use of a computer to gain access to unauthorized…more

Computer Fraud and Abuse Act (CFAA), Corporate Counsel, Popular, Trade Secrets, Trespass

See all updates »

Post This! Private Employers Not Required to Display Pro-Union NLRB Posters

The National Labor Relations Board (“NLRB”) recently announced that it would not seek Supreme Court Review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most…more

Employee Rights, NLRA, NLRB, Notice Requirements, Posting Requirements

See all updates »

AB 9: A New 3 Year Statute of Limitations on FEHA Claims, What This Means for Employers and How To Prepare

Starting January 1, 2020, California employees will have three times as long to file charges alleging discrimination, harassment and retaliation. The new statute of limitations arises from AB 9, which increases the statute of…more

Employment Discrimination, FEHA, Harassment, Retaliation, Statute of Limitations

See all updates »

Privacy Shield Sunk – SCCs Treading Water: What Can Companies Do to Keep Their Head Above Water

The European Court of Justice (CJEU) published its highly anticipated judgement in the case of Data Protection Commissioner Ireland v Facebook Ireland Limited, Maximillian Schrems, colloquially known as “Schrems 2.0”. There…more

Corporate Counsel, Court of Justice of the European Union (CJEU), Data Protection Authority, EU, EU-US Privacy Shield

See all updates »

San Francisco Offers “Right to Reemployment” For Local Workers Laid-off Due to COVID-19

In an unprecedented move, on June 23, 2020 the San Francisco Board of Supervisors voted in favor of legislation that requires San Francisco employers with 100 or more employees to “offer a right to reemployment” to certain…more

Coronavirus/COVID-19, Employee Rights, Layoffs, Notice Requirements, Record Retention

See all updates »

Labor Laws and Federal Contracting Intersect: How Universal Health Systems Could Subject Federal Contractors to False Claims Act Liability

The Supreme Court has made federal contracting more treacherous by extending the reach of False Claims Act (“FCA”) liability. While the decision related to FCA liability for misrepresentations related to staffing levels, the…more

Conditions of Payment, Department of Labor (DOL), False Claims Act (FCA), False Implied Certification Theory, Federal Contractors

See all updates »

The CDC Provides Guidance: Antibody Testing Cannot Be Used as a Return to Work Passport

On May 26, 2020, the Center for Disease Control and Prevention (“CDC”) released its anxiously awaited Interim Guidelines for COVID-19 Antibody Testing (the “Guidelines”). As set forth in further detail below, the Guidelines make…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Infectious Diseases, Workplace Safety

See all updates »

Oregon OSHA Issues Revised Standards Regarding COVID-19 – Employers Should Take Note and Take Action

Oregon employers should take note of new state Occupational Health & Safety Administration (“OR OSHA”) standards that are likely to take effect soon.  On September 25, 2020, OR OSHA’s Infectious Disease Rulemaking Advisory…more

Coronavirus/COVID-19, Employer Responsibilities, OSHA, Social Distancing, Workplace Safety

See all updates »

OSHA Issues New Guidance on COVID-19 Recording Obligations

On May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued new enforcement guidance on employers’ recording obligations. The guidance clarifies when employers must record cases of COVID-19 as an…more

Coronavirus/COVID-19, OSHA, Recording Requirements, Workplace Safety

See all updates »

FFCRA Guidance from the IRS: How To Secure Tax Credits for COVID-19 Leave Payments

On March 31, 2020, the IRS issued “COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs” to help small and midsize employers navigate the tax relief available under the Families…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Financial Stimulus, Payroll Taxes

See all updates »

Responding to Healthcare Employee Concerns in the COVID-19 Age

As the battle against COVID-19 intensifies, healthcare workers have become vocal about their perceptions of deficiencies surrounding patient care and safety within their workplaces and have expressed their views publicly on…more

Coronavirus/COVID-19, False Claims Act (FCA), First Amendment, Health Care Providers, Healthcare Facilities

See all updates »

COVID-19 UK: Employment – Holiday in the time of COVID-19 – Update

On 13 May 2020, the UK government published guidance giving employers much needed clarity on how holiday entitlement and pay operate during the Coronavirus pandemic. It considers both those who continue to work and those who…more

Coronavirus/COVID-19, Employee Benefits, Furloughs, Paid Leave, UK

See all updates »

The Many Pitfalls of Worker Misclassification

Worker classification is an area of major concern for domestic and international employers of all sizes. Our Labor and Employment Group recently alerted you to significant regulatory action by the US Department of Labor relating…more

Affordable Care Act, Department of Labor (DOL), Employer Liability Issues, Independent Contractors, Misclassification

See all updates »

Privacy Shield Sunk – SCCs Treading Water: What Can Companies Do to Keep Their Head Above Water

The European Court of Justice (CJEU) published its highly anticipated judgement in the case of Data Protection Commissioner Ireland v Facebook Ireland Limited, Maximillian Schrems, colloquially known as “Schrems 2.0”. There…more

Corporate Counsel, Court of Justice of the European Union (CJEU), Data Protection Authority, EU, EU-US Privacy Shield

See all updates »

California Enacts Legislation Codifying COVID-19 Workers’ Compensation Presumption for Certain Groups of Employees and Imposing Employer Reporting Requirement

On September 17, 2020, California Governor Newsom signed SB-1159. Effective immediately, the bill adds three new sections to the California Labor Code (§§ 3212.86-3212.88) which create a rebuttable presumption that certain…more

Coronavirus/COVID-19, Employer Responsibilities, Governor Newsom, Reporting Requirements, Sick Employees

See all updates »

Germany to Boost Works Council Rights Amid the Pandemic

The Federal Cabinet has introduced a draft bill to make it easier for employees to establish and elect works councils and to facilitate the works councils’ work in an increasingly digitalized work environment, the…more

Employee Rights, Employees, Germany, Works Council

See all updates »

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