Jeremy Mittman, co-Chair of Proskauer’s International Privacy Group and a member of Proskauer’s International Labor 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.
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.
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
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
Webinar – Wednesday, October 16, 2013
Proskauer’s Lloyd Chinn will be a panelist at The American Bar Association’s webinar “International Laws Governing Cross Border Discovery, Privilege, Confidentiality and Data Privacy”. Lloyd and his panel will focus on the significant challenges posed by discovery sought from outside the United States, given the limited scope of discovery available in many jurisdictions and special problem of data privacy rules. In addition, the panel will explore the varied definitions of privilege and confidentiality outside the United States and the practical implications of the Akzo decision of the European Commission of Justice (ECJ).
Click here to register and more information.
Setting the correct salary is never easy and is more an art than a science. In the current economic climate the market fluctuates according to industry, geographical location, budgetary constraints and a whole host of other market forces. To help keep you focused, here are 5 tips for setting salaries in France, the UK and the US: Continue Reading
SEMINAR – Thursday, March 21, 2013
On March 21, the Paris office held a Seminar on Diversity in the workplace, focusing on legal obligations that are applying and best practices and lessons learned in France, the UK, US and Germany. Continue Reading
1. What are the primary sources of labor and employment rights in Brazil?
There are four major sources of labor and employment rights in Brazil: (i) the Federal Constitution; (ii) the Brazilian Labor Act (Consolidação das Leis do Trabalho, or “CLT”); (iii) collective bargaining agreements; and (iv) employment contracts (including companies’ common practices).
2. Under what law are labor contracts governed?
Under Brazilian law, any labor contract is governed by the law of the country in which the services are rendered (territoriality principle or lex loci executionis). Thus, if all workers are based in Brazil and perform their activities in Brazil, their employment is subject to Brazilian legislation. Continue Reading
In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or extraterritorial application of one of the whistleblowing statutes enforced by the DOL. This blog posting summarizes the ALJ’s decision and analyzes the impact for multinational employers. Continue Reading
Over the past 2 years, several European countries, like Spain or the UK, have decided to simplify and lighten their labor and employment regulations to enable their companies to compete with emerging markets and to face the economic crisis.
In France, the Government has opted not to unilaterally modify the law but to give the employees’ and employers’ unions time to negotiate on that particular sensitive topic so that the fruit of their negotiation be reflected into a specific agreement to be transposed into the French labor Code. Continue Reading