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International Labor and Employment Law

Two more Additions to Proskauer’s International Labor and Employment Group

Posted in Uncategorized

Fabien Ganivet has joined our Paris office as International Counsel and will support our group in all aspects of employment-related criminal law and in relation to management crisis.  He advises companies in their risk-analysis procedures and assist them in the contact of litigation or contentious matters before judicial courts and administrative authorities.  More general, his expertise encompasses all areas of criminal litigation, white collar defense and press and media law.

Michelle Gyves has joined our New York office as an Associate and focuses her practice on providing strategic advice and counseling to domestic and multinational employers on a wide range of employment law matters. These matters include hiring and termination, compensation and benefits, and global mobility.  Michelle also advises employers with regard to labor, employment and benefits issues, and conducts benefits and human resources due diligence, in connection with both domestic and cross-border corporate merger and acquisition transactions.  Michelle is a member of the International Law Section of the American Bar Association, International Employment Committee.

Fifth Circuit Finds No Protected Activity under SOX, Mum on Extraterritoriality

flag for Netherlandsflag for United StatesPosted in Latin America, Netherlands, United States, Whistleblowing

In Villanueva v. United States Department of Labor, No. 12-60122, 2014 WL 550817 (5th Cir. Feb. 12, 2014), the Fifth Circuit Court of Appeals held that the petitioner had not engaged in protected activity under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”) because he “blew the whistle” on alleged violations of Colombian tax law, not one of the six categories of U.S. law enumerated in the statute.  This blog post summarizes the Court’s holding and analyzes the implications for employers. Continue Reading

Erika Collins Arrival

Posted in Uncategorized

Erika Collins has joined our New York Office as a partner in our labor and employment department and co-chair of our International Labor and Employment Practice.  Erika is recognized as the leading international labor and employment lawyer in the country and has a wealth of experience helping multinational public and private companies manage their global workforces, focusing on the full range of cross-border employment and human resources matters throughout the Americas, Europe, Africa and Asia. She represents U.S. and non-U.S. employers in all aspects of company growth and restructuring, from office openings, executive hiring and workforce expansions to company downsizing. She advises clients on developing global mobility programs, as well as preparing competitive employment packages and agreements that are compliant with local laws. She also regularly conducts multi-country audits of employment laws and practices regarding compliance with data privacy, leave laws, working time, redundancy requirements, fixed-term contracts and outsourcing, among many other issues.

Beware: When Sending Employees to the US: Business Visitors under Scrutiny

flag for United StatesPosted in Expatriation, United States

This article is also authored by Valarie H. McPherson

Infosys to pay $34 million as part of settlement with US government for inappropriate use of the B-1 visa

It has never been clear what activities are permitted while traveling to the US as a Business Visitor within the B-1 visa classification.  However, Infosys Corporation (“Infosys”) is the first company to feel the wrath of the US government for an alleged systematic abuse of the visa category.  Because of this record-breaking settlement and increased scrutiny, travelers to the US and multinational companies must take steps to ensure that business visitors’ actions while in the US fall within the scope of this classification.

Infosys has agreed to pay $34 million dollars in a civil settlement of allegations of visa fraud and abuse with The United States Attorney’s Office for the Eastern District of Texas, The United States Department of State (“DOS”) and the United States Department of Homeland Security (“DHS”).  (See: U.S. v. Infosys Limited, Settlement Agreement, 10/30/2013). In addition to the $34 million dollar settlement, Infosys will take specific steps to curb visa fraud and abuse at the company. Continue Reading

What Are The Main Differences For Dismissing An Employee Between The US And France?

flag for Franceflag for United StatesPosted in France, Terminations, United States

Contrary to the U.S., which has the concept of “at-will” termination, to dismiss an employee in France, an employer must have a “real and serious cause” and must comply with a specific procedure. The cause is not pre-determined by the employment contract. Continue Reading

UK Employment Law – A Year In Perspective – Changes Past and on the Horizon

flag for United KingdomPosted in United Kingdom

2013 has been a significant year for UK employment law. In particular, an abundance of new legislation (both about substantive law and Employment Tribunal procedure) has heralded a number of important changes.

This publication provides an overview of the most significant developments of 2013 and those on the horizon for 2014 and 2015. Continue Reading

Jeremy Mittman Quoted by Law360 and Politico on International Employment Matters

Posted in Uncategorized

Jeremy Mittman, co-Chair of Proskauer’s International Privacy Group and a member of Proskauer’s International Labor and Employment Group, is frequently sought after to comment on international employment and privacy issues. An article published by Law360 last week quoted Jeremy on the data protection reform legislation recently passed by European Parliament and the difficulties multinational companies face to comply with both EU and U.S. privacy laws. Jeremy was again solicited to comment on the EU-U.S. Safe Harbor Program in an article published by Politico this week.  The article mentions Jeremy’s experience drafting Safe Harbor certifications and EU model contracts.

SDNY Says No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision

Posted in North America

This article is also authored by Harris Mufson

In Liu v. Siemens A.G., No. 13 Civ. 317 (WHP), slip op. (S.D.N.Y. Oct. 21, 2013), the U.S. District Court for the Southern District of New York held that the anti-retaliation protections found in Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 do not apply extraterritorially.  This blog posting summarizes the Court’s decision and analyzes the impact for multinational employers.

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In The Netherlands And France: Can You Get Away With Insulting Your Boss On Social Media?

flag for Franceflag for NetherlandsPosted in France, Netherlands, Privacy

This article has been written in cooperation with Stibbe Amsterdam: Judica Krikke and Friederike van der Jagt

In France, judges consider that the answer to this question depends on the parameters of the employee’s profile on Facebook.

In a decision of April 10, 2013, the French Supreme Court ruled that when insulting comments are shared on Facebook and MSN but only to a limited number of persons, the comments cannot be considered as a public insult, which is a criminal offense. Continue Reading

European Cross Border Employment Contracts: Which Law Applies?

flag for European Unionflag for Germanyflag for NetherlandsPosted in Employment Contracts, European Union, Expatriation, Germany, Netherlands

According to the Rome Convention of June 19, 1980 (applicable for employment contracts entered into with until December 16th, 2009) as well as the European Regulation 593/2008 (for employment agreements concluded afterward), if the contract sets out which law applies, the law chosen by the parties regulates the employment relationship except if it has for result of depriving the employee of the protection afforded to him by the mandatory rules of law which would be applicable in the absence of choice. Continue Reading