News & Analysis as of

Managers

A Call to Action—Stamping Out Workplace Harassment

by Blank Rome LLP on

“This” isn’t just about Harvey Weinstein, Roy Jones, Kevin Spacey, Al Franken, Matt Lauer, or others in the news. “This” isn’t just about politicians, Hollywood, and the media. “This” is a real problem in workplaces across...more

EU Retail News - November 2017

by Bryan Cave on

From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more

WHAT NOW? The Sexual Harassment Scandals, And What Employers Can Do To Protect Themselves And Their Employees

Harvey Weinstein. Kevin Spacey. Charlie Rose. Louis C.K. Roy Moore. Al Franken. John Conyers. The list grows daily. Women and men are coming forward with allegations of sexual harassment and abuse, and some of the allegations...more

USCIS Establishes New Five-Prong Test for “Function Managers”

Multinational companies that wish to transfer managerial employees to the United States now have clarification on the criteria required to do so. A new five-prong test adopted by U.S. Citizenship and Immigration Services...more

Failure to Train Managers and Supervisors Cost Company $284,000 for Violation of the Family Medical Leave Act

by Clark Hill PLC on

In Boadi v. Center for Human Development, Inc., a jury found an employer liable for interfering with an employee's exercise of her Family Medical Leave Act (FMLA) rights, awarding four years of back pay and benefits. The...more

USCIS Issues Policy Memorandum Defining L-1A and EB-1 “Function Managers”

by Pierce Atwood LLP on

USCIS has issued a policy memorandum designating the decision of the Administrative Appeals Office in Matter of G- Inc. as policy guidance that applies to and binds all USCIS employees....more

#Metoo? Sure, But Not All Sexual Harassment Is Alike, And Not All workplaces Are Like Hollywood.

According to a Wall Street Journal/NBC News poll published this week, 48 percent of working women believed they had been victims of sexual harassment in the workplace. My reaction was, “Only 48 percent?” I would have...more

Where’s Your Harvey? How To Keep Your Company Out of the Headlines

by Kelley Drye & Warren LLP on

Over the past year, we have all watched the garish spectacle of various sexual harassment scandals take down powerful men in media, Silicon Valley, and most recently Hollywood, where allegations of Harvey Weinstein’s lurid...more

#MeToo and Workplace Harassment: A Letter to my Daughter

by Conn Maciel Carey LLP on

In October 2017, more than four dozen women stood up against workplace harassment by a man of power in the entertainment industry. Then, the #MeToo Movement was born where people of all races, ages, backgrounds, and...more

EEOC Sues Whataburger for Retaliation against Manager Who Refused to Hire Only White Applicants

Tallahassee Restaurant Manager Was Told to Consider Only Applications That 'Sounded White,' Federal Agency Charges - TALLAHASSEE, Fla. - Fast food restaurant giant Whataburger Restaurants LLC violated federal law when it...more

Urban Outfitters Decertifies FLSA Class: Too Many Individual Differences (Again)

by Fox Rothschild LLP on

I have blogged (somewhat incessantly, I admit) about manager FLSA class actions and what the line(s) of defense are for the employer in these cases, and how to defeat these cases. Another case in point. A federal judge has...more

Important Changes To The Illinois LLC Act

by Fox Rothschild LLP on

Changes to the Illinois Limited Liability Company Act that took effect on July 1, 2017 may impact either your current Illinois LLCs or your future ventures. The changes generally conformed Illinois law more closely to a model...more

Exculpatory Provisions Under Delaware Law: Say What You Mean And Mean What You Say

Exculpation provisions in operating agreements must be carefully crafted in order to protect members, managers, directors and officers for breaches of fiduciary duties...more

Important Changes To Illinois LLC Act Take Effect July 1

by Fox Rothschild LLP on

Changes to the Illinois Limited Liability Company Act set to take effect on July 1, 2017 may impact either your current Illinois LLCs or your future ventures. The changes generally serve to conform Illinois law more closely...more

Fourth Circuit Decision Reiterates That Filling Employee’s Position During Leave And Re-Assigning Employee To A Different But...

by Seyfarth Shaw LLP on

Synopsis: The Fourth Circuit Court of Appeals recently ruled that an employer had done nothing wrong when it (i) filled the plaintiff’s position during his leave, (ii) restored the plaintiff to a different, but equivalent,...more

Just How Much Power Does Your LLC’s Manager Have?

In a recently published decision — Western Surety Co. v. La Cumbre Office Partners LLC — a California Court of Appeal tackled the issue of LLC managerial authority from a different angle. The central issue in the case was...more

Is Your Anti-Harassment Training Making the Grade?

by Miller & Martin PLLC on

If your initial response to this question is, "What anti-harassment training? Are we still supposed to be doing that? Isn't that kind of 'old school'?", your first step needs to be planning anti-harassment training in 2017....more

The Manager-in-Charge Regime: Ruffling feathers in the year of the Rooster?

by Allen & Overy LLP on

On 16 December 2016, the Securities and Futures Commission (SFC) announced the introduction of a Manager-in- Charge initiative (MIC Regime) aimed at increasing the accountability of the senior management of Hong Kong licensed...more

Financial Services Quarterly Report - First Quarter 2017: Hong Kong’s New Requirements for “Senior Management” of Fund Managers...

by Dechert LLP on

The Securities and Futures Commission of Hong Kong (SFC) recently introduced the “Senior Management Accountability Regime” (regime), in an effort to make senior managers (particularly those who are not already designated as...more

2017 EMEA & APAC Culture and Compliance Benchmark Report - Data And Insights To Put To Work In Your Programme Today

by NAVEX Global on

NAVEX Global partnered with an independent research agency to investigate how companies headquartered across Europe, Middle East and Africa (EMEA) and Asia Pacific (APAC) develop and execute their ethics and compliance (E&C)...more

March Grabness: Lessons from the (Basketball) Court: Avoiding Personal Fouls, Violations and Time Outs in the Workplace

Harassment has long been an Achilles’ heel of the workplace. Believe it or not, like the NCAA’s tournament TV ratings, the number of harassment-related lawsuits has held rather steady since the 1990s! And like most NCAA...more

Harassment May be Near an Inflection Point — But Still Much Work to Do

by NAVEX Global on

"It’s entirely possible that incidents of sexual harassment will increase — harassers may now believe they can act without consequences. At the same time, victims now may be more fearful of reporting the harassment because of...more

Major Changes to Business Entity Laws in Pennsylvania Beginning February 21, 2017

Pennsylvania has enacted a comprehensive set of laws (Act 170) modernizing the treatment of unincorporated associations, including limited liability companies, limited partnerships, limited liability partnerships, limited...more

German Supreme Tax Court Confirms Capital Income Qualification Under Management Equity Programs – Close to a Breakthrough, But…

by Latham & Watkins LLP on

The German Supreme Tax Court has confirmed that a close to “market standard” Management Equity Program will be taxed on capital income principles. The decision (court number IX R 43/15) provides comfort with respect to most...more

HR tips for drafting and cultivating your own ‘Tom Brady’ or ‘Aaron Rodgers’

by FordHarrison on

Think the NFL was happy with this past Sunday’s games? I sure do. The NFL playoffs are in full swing and that usually is great news for the league since they get to dominate the sports headlines for a while. But after a...more

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