Investors have historically overlooked social factors amid a focus on the environmental and governance counterparts as they assess the merit of an investment. This may have been due in part to the difficulty in quantifying...more
10/31/2020
/ Black Lives Matter ,
Board of Directors ,
Coronavirus/COVID-19 ,
Corporate Social Responsibility ,
Diversity ,
Environmental Social & Governance (ESG) ,
EU ,
Executive Compensation ,
Financial Conduct Authority (FCA) ,
Gender-Based Pay Discrimination ,
Incentive Awards ,
Institutional Shareholder Services (ISS) ,
Investors ,
Modern Slavery Act ,
Prudential Regulation Authority (PRA) ,
Publicly-Traded Companies ,
Remuneration ,
Shareholder Activism ,
Supply Chain ,
UK ,
United States ,
Wage and Hour ,
Working Conditions ,
Workplace Safety
This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more
10/16/2020
/ Administrative Procedure Act ,
Amended Rules ,
Arbitrary and Capricious ,
Bias ,
California ,
California Family Rights Act (CFRA) ,
Collective Redundancies Directive ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Earned Sick and Safe Time Act ,
Economic Realities Test ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Bans ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
France ,
Germany ,
Governor Newsom ,
Independent Contractors ,
International Labor Laws ,
Joint Employers ,
Local Ordinance ,
LPTA ,
Mayor de Blasio ,
Mileage Reimbursement ,
New Rules ,
New York ,
NLRB ,
Non-Compete Agreements ,
Occupational Exposure ,
OFCCP ,
Paid Sick Leave ,
Pay Data ,
Proposed Rules ,
Reasonable Accommodation ,
Reduction in Hours ,
Remote Working ,
Ridesharing ,
Safe Time ,
Sick Leave ,
State Labor Laws ,
Trump Administration ,
UK ,
Virus Testing ,
Workplace Safety
In this month's edition of our Privacy & Cybersecurity Update, we examine the National Institute of Standards and Technology's four principles of the "explainability" of artificial intelligence and the U.K. Information...more
9/1/2020
/ Anti-Drone Technology ,
Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Compliance ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Drones ,
EU-US Privacy Shield ,
FCC ,
Federal Aviation Administration (FAA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
International Data Transfers ,
NIST ,
Office of Administrative Law ,
Personal Information ,
Popular ,
Privacy Laws ,
Risk Mitigation ,
UK ,
UK ICO
In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more
8/6/2020
/ Automotive Industry ,
Binding Corporate Rules ,
Broadband Privacy Rules ,
Connected Cars ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Economic Loss Doctrine ,
Enforcement Actions ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
Federal Trade Commission (FTC) ,
First Amendment ,
Free Speech ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Insurance Industry ,
International Data Transfers ,
Internet Service Providers (ISPs) ,
Misrepresentation ,
Negligence ,
NYDFS ,
Online Platforms ,
P2B ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Schrems I & Schrems II ,
Security Breach ,
Standard Contractual Clauses ,
U.S. Commerce Department ,
UK ,
UK Data Protection Act ,
United Nations
This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more
7/20/2020
/ Adverse Employment Action ,
Age Discrimination ,
Appeals ,
Ballots ,
Business Closures ,
CARES Act ,
Certification Requirements ,
City of Los Angeles ,
Civil Rights Act ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Emergency Orders ,
Employee Privacy Rights ,
Employee Retention ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Foreign Workers ,
France ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
LGBTQ ,
Local Ordinance ,
Misclassification ,
NLRB ,
Notice Requirements ,
Over-Time ,
Paid Family Leave Law ,
Posting Requirements ,
Re-Opening Guidelines ,
Rehiring Issues ,
Restrictive Covenants ,
Return-to-Work Agreements ,
Right of Recall ,
San Francisco ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
UK ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unlimited Benefits ,
Vacation Pay ,
Vicarious Liability
On 11 May 2020, the UK government published its COVID-19 Recovery Plan that sets out its proposal to exit the COVID-19 lockdown. Under the Recovery Plan, employees who can work from home should continue to do so, however...more
5/14/2020
/ Coronavirus/COVID-19 ,
Duty of Care ,
Employer Liability Issues ,
Employer Responsibilities ,
Flexible Work Arrangements ,
Furloughs ,
Government Lockdown ,
Health and Safety ,
Human Resources Professionals ,
Job Retention Schemes ,
Personal Protective Equipment ,
Preexisting Conditions ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Risk Assessment ,
Sick Employees ,
Social Distancing ,
UK ,
Whistleblowers ,
Workplace Decontamination ,
Workplace Safety
The U.K. government has announced a series of measures intended to support businesses impacted by coronavirus/COVID-19, including suspension of the wrongful trading regime, a job-retention scheme and a temporary ban on the...more
The COVID-19 crisis has led to much uncertainty regarding continuing pay for employees who are unable to work from home, as well as overall job security, in the face of employers’ financial uncertainty....more
3/26/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employee Retention ,
Employer Liability Issues ,
EU ,
France ,
Germany ,
Government Lockdown ,
Hiring & Firing ,
Job Retention Schemes ,
Layoffs ,
Payroll Taxes ,
Redundancy Dismissals ,
Relief Measures ,
Tax Extensions ,
UK ,
Wage and Hour ,
Waivers
In this edition of our UK Employment Flash, we examine tribunal rulings on whether covert recordings constitute misconduct and whether ethical veganism is a "philosophical belief." We also look at guidance for U.K. employers...more
3/19/2020
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Misconduct ,
Employer Liability Issues ,
Gender Discrimination ,
International Labor Laws ,
IR35 ,
Secret Recordings ,
UK ,
Veganism
This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more
2/14/2020
/ Arbitral Deference ,
Arbitration ,
Confidentiality Policies ,
Criminal Convictions ,
Department of Labor (DOL) ,
Disability Discrimination ,
Drug Testing ,
Dynamex ,
Email Policies ,
Employee Rights ,
Employer Liability Issues ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
France ,
Gender-Based Pay Discrimination ,
H-1B ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Injunctive Relief ,
Internal Investigations ,
International Labor Laws ,
Job Applicants ,
Joint Employers ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
NLRB ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Rates ,
Recreational Use ,
Religious Beliefs ,
Severance Agreements ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Title VII ,
UK ,
Union Elections ,
Veganism ,
White-Collar Exemptions ,
Workplace Investigations
In this month's edition, we examine the landmark data breach class action in the English High Court against Equifax, the FTC's complaint against data colocation company RagingWire and a Utah business-to-business company's...more
12/4/2019
/ Commercial General Liability Policies ,
Cybersecurity ,
Data Breach ,
Denial of Insurance Coverage ,
Equifax ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
International Arbitration ,
Misrepresentation ,
Popular ,
Privacy Laws ,
Settlement ,
Target ,
UK
In this month's edition of our Privacy & Cybersecurity Update, we examine five amendments to the California Consumer Privacy Act, the EU Court of Justice's rulings on the "Right to Be Forgotten" and what qualifies as a joint...more
10/2/2019
/ Amended Rules ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Controller ,
Discovery Disputes ,
EU ,
Facial Recognition Technology ,
Marriott ,
Personal Data ,
Personally Identifiable Information ,
Phishing Scams ,
Popular ,
Privacy Laws ,
Right to Be Forgotten ,
UK ,
United States
In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including the Court of Appeal's ruling regarding pay for fathers or other caregivers taking shared...more
8/13/2019
/ Appeals ,
Blue Pencil Contract Modification ,
British Airways ,
Corporate Counsel ,
Data Breach ,
Diversity ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Enforcement Actions ,
EU ,
European Court of Justice (ECJ) ,
General Data Protection Regulation (GDPR) ,
International Labor Laws ,
Labor Regulations ,
Maternity Leave ,
Non-Compete Agreements ,
Parental Leave ,
Paternity Leave ,
UK ,
UK ICO ,
Wage and Hour ,
Working Time Regulations
In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more
8/2/2019
/ Article III ,
Biometric Information ,
Consumer Protection Laws ,
Cookies ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Debit and Credit Card Transactions ,
Equifax ,
Fair Credit Reporting Act (FCRA) ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Malware ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Search Results ,
Settlement ,
Spokeo v Robins ,
Standing ,
State and Local Government ,
State Data Breach Notification Statutes ,
UK
In this month's edition of our Privacy & Cybersecurity Update, we examine expanded data breach notification laws in New Jersey and Washington state, as well as the SEC's risk alert regarding cloud-based storage solutions. We...more
6/3/2019
/ Amended Rules ,
Annual Reports ,
Cloud Storage ,
Cybersecurity ,
Data Breach ,
Data Protection Authority ,
Data Security ,
Federal Trade Commission (FTC) ,
Finland ,
General Data Protection Regulation (GDPR) ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
State Data Breach Notification Statutes ,
UK
In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including Brexit and its impact on workers' rights and data protection, new tax rules as they relate to...more
5/14/2019
/ Diversity ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
EU ,
General Data Protection Regulation (GDPR) ,
Income Taxes ,
Independent Contractors ,
International Labor Laws ,
Non-Disclosure Agreement ,
Recruitment Policies ,
UK ,
UK Brexit
In this month's Privacy & Cybersecurity Update, we examine several recent U.K.-related cybersecurity developments and the SEC's risk alert reminding investment advisers and broker-dealers to follow through on implementing...more
5/1/2019
/ Broker-Dealer ,
Canada ,
Commercial General Liability Policies ,
Cyber Insurance ,
Cyber Policies ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data-Sharing ,
Denial of Insurance Coverage ,
Designated Contract Markets (DCMs) ,
ENISA ,
Equifax ,
EU ,
Fines ,
General Data Protection Regulation (GDPR) ,
Government Investigations ,
Hackers ,
Investment Adviser ,
NCSC ,
OCIE ,
PIPEDA ,
Popular ,
Privacy Comissioners ,
Privacy Laws ,
Privacy Policy ,
Putative Class Actions ,
Regulation S-P ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Surveys ,
TCPA ,
UK ,
UK Data Protection Act ,
UK ICO ,
Unsolicited Faxes
In this month's edition of our Privacy & Cybersecurity Update, we examine new cybersecurity legislation in California and Massachusetts, the British government's updates to its cybersecurity laws in anticipation of Brexit and...more
4/2/2019
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Class Certification ,
Credit Reporting Agencies ,
Credit Reports ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Popular ,
Privacy Laws ,
Public Comment ,
State Data Breach Notification Statutes ,
Thailand ,
UK ,
UK Brexit
We are pleased to announce the launch of our UK Employment Flash, covering the latest employment law developments, news and insights from the U.K. Our inaugural issue includes commentary on the U.K. government's proposed...more
2/1/2019
/ Corporate Governance ,
Employment Policies ,
Employment Records ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
Gig Economy ,
Good Work Plan ,
Human Trafficking ,
International Labor Laws ,
Labor Reform ,
Modern Slavery Act ,
No-Deal Brexit ,
Pension Schemes ,
Personal Data ,
Popular ,
Privately Held Corporations ,
Remuneration ,
Reporting Requirements ,
Retirement Funds ,
The Companies (Miscellaneous Reporting) Regulations 2018 ,
UK ,
UK Brexit ,
UK ICO ,
Withdrawal Agreement
This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more
1/31/2019
/ ADEA ,
Age Discrimination ,
Amended Rules ,
Anti-Harassment Policies ,
Appeals ,
Common Law Test ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
France ,
Gender-Based Pay Discrimination ,
Germany ,
Independent Contractors ,
International Labor Laws ,
Job Applicants ,
Minimum Wage ,
Misclassification ,
NLRB ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Pay Gap ,
Protected Concerted Activity ,
Reporting Requirements ,
Restraint of Trade ,
Restrictive Covenants ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Transparency ,
UK ,
Vicarious Liability ,
Workers' Compensation Claim
In this month's Privacy & Cybersecurity Update, we examine recent trends and court decisions, including a new law in Ohio that provides a safe harbor from tort-based data breach claims if the company adopts certain security...more
10/2/2018
/ Affirmative Defenses ,
Amended Rules ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Computer Fraud Insurance ,
Cybersecurity ,
Data Breach ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Internet of Things ,
Personal Data ,
Popular ,
Privacy Policy ,
Private Right of Action ,
Social Engineering ,
State Attorneys General ,
State Legislatures ,
UK ,
UK ICO
On July 16, 2018, the U.K. Financial Reporting Council (FRC) published a revised U.K. Corporate Governance Code (the Revised Code), following feedback received from its consultation paper published in December 2017. The FRC's...more
7/25/2018
/ Amended Rules ,
Board of Directors ,
Consultation Periods ,
Corporate Governance ,
Financial Reporting Council (FRC) ,
Listing Standards ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Remuneration ,
Reporting Requirements ,
UK
Recently Passed US Federal, State and Local and International Employment Laws -
This November 2017 special edition of the Employment Flash summarizes certain noteworthy U.S. federal, state and local, as well as...more
12/2/2017
/ Breastfeeding ,
California Family Rights Act (CFRA) ,
Compensation & Benefits ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Earned Sick Time ,
Employment Tribunals ,
Equal Pay ,
Federal Labor Laws ,
FEHA ,
Form I-9 ,
France ,
Germany ,
Local Ordinance ,
Minimum Salary ,
Over-Time ,
Paid Family Leave Law ,
Parental Leave ,
Sexual Harassment ,
State Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblower Protection Policies ,
White-Collar Exemptions
This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate...more
9/25/2017
/ Agency Deference ,
Appeals ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
EEO-1 ,
Fair Labor Standards Act (FLSA) ,
France ,
Gender Discrimination ,
Gig Economy ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Joint Employers ,
Minimum Salary ,
NLRB ,
Over-Time ,
Pay Data ,
Preliminary Injunctions ,
Presidential Nominations ,
Restrictive Covenants ,
Senate Confirmation Hearings ,
Slurs ,
State Labor Laws ,
Tip Credit ,
UK ,
Wage and Hour ,
White-Collar Exemptions
This edition of the Employment Flash looks at a Texas court's grant of a preliminary injunction blocking implementation of a DOL rule that would have more than doubled the minimum salary requirements for the executive,...more
12/19/2016
/ Anti-Retaliation Provisions ,
Board of Directors ,
Collective Bargaining ,
Corporate Governance ,
Department of Labor (DOL) ,
Drug Testing ,
Duty of Fair Representation ,
France ,
Freelance Workers ,
Minimum Salary ,
OSHA ,
Over-Time ,
Preliminary Injunctions ,
Reporting Requirements ,
State and Local Government ,
UK ,
White-Collar Exemptions ,
Workplace Illness and Injury Reporting ,
Workplace Injury