International Labor and Employment Law
Daniel Ornstein

Daniel Ornstein

Partner

Dan Ornstein leads our London Labor and Employment Law Team and is a co-head of our International Labor & Employment Group. Dan is a go-to advisor for clients who rely on his sophisticated advice, especially where the stakes are high. Dan is recognized by numerous legal directories, with Chambers UK, describing him as "incredibly analytical," "incredibly intelligent and an excellent sounding board" and someone who "displays both empathy and an assured knowledge of the best way to treat cases." The most recent Legal 500 UK recognized him as "a favourite for funds and private equity clients" and "an extremely thorough and well-seasoned lawyer, who is hard to beat." He is also included in Who's Who Legal: Management Labour and Employment 2016.

Dan’s expertise covers the full range of UK and International employment issues. His specialism is working closely and collaboratively with clients in delicate and complex situations where he applies his judgment, experience and strategic acumen to deliver optimal results

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The Top Ten Things You Should Know About UK Employment Law

What 2016 lacked in employment law changes, it made up with political surprises (Brexit) and sweeping data protection changes (the GDPR). Due to these dynamic changes and in anticipation of what lies ahead, our UK employment team published the Top Ten Things to Know About the UK Employment Law Landscape in 2017. In this briefing, … Continue Reading

UK Employment Tribunal Rules that Individuals Working in the “Gig Economy” are Entitled to Paid Leave

An Employment Tribunal in the United Kingdom ruled that a bicycle courier for CitySprint, a delivery firm, was a worker rather than self-employed and therefore entitled to paid leave.  This is the most recent decision in a string of UK cases dealing with the “gig economy,” namely, repeated short-term work such as ride-sharing or courier … Continue Reading

UK Gender Pay Gap Reporting

We wrote about the Draft Gender Pay Gap Regulations in the April 2016 edition of A Month in UK Employment Law. In December 2016, the UK Government published a revised version of these Regulations which are expected to come into force on 6 April 2017. As a reminder, the Regulations require private sector employers in … Continue Reading

UK Tribunal Allows Expatriate to Bring Claims in the UK

In Jeffrey v. The British Council 2016, the Employment Appeal Tribunal (“EAT”) ruled that an employee who had an “exceptional degree of connection” with the United Kingdom could bring claims in the UK even though he had been working outside of the UK for over 20 years. This provides an important exception to the general … Continue Reading

Record fine handed to TalkTalk in data protection breach in the UK

As previously reported on our Privacy Blog, TalkTalk, a major UK telecoms company, has been fined  a record breaking £400,000 for a data breach after they were hacked.  This fine, given by the ICO (the UK’s data protection authority), followed an in-depth investigation into an attack by hackers on TalkTalk’s systems where hackers obtained the details … Continue Reading

EU Advocate General Holds that Certain Forms of Indirect Religious Discrimination Could be Justified

On May 31, 2016, the Advocate General (“AG”) of the European Court of Justice issued its opinion in a case relating to a Muslim employee wearing a headscarf at work. In the case, Samira Achbita v. G4S Secure Solutions NV, Case C-157/15, the AG stated that a neutral policy prohibiting employees from wearing visible religious … Continue Reading

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

Employee’s Privacy Rights European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights.  Article 8 protects a person’s right to respect for their private and family life, and our blog has actively tracked developments on the subject (to review prior rulings, see here, here, … Continue Reading

German Labor Court Allows Review of Employee’s Browsing History

European courts continue to clarify the right of employers to review their employees’ emails. As we discussed previously, the European Court of Human Rights and the National Labor Relations Board of the U.S. have recognized that employers have the right to monitor their employees’ internet communications in order to ensure productivity during work. (To review … Continue Reading

Trade Secrets Directive

The protection afforded to trade secrets is disparate across the EU. In order to protect trade secrets as potential drivers for economic growth and jobs and to create a level-playing field within Europe, the European Parliament has now approved the Trade Secrets Directive. This Directive aims to provide a minimum, uniform level of protection in … Continue Reading

Further Insights: How the Recent Barbulescu Decision Impacts Employers in Europe and the United States

Last month, we blogged about the much discussed ECHR Barbulescu opinion. (To review the implications of the case, please click here.) As a follow up, we wanted to provide further insights to multi-national employers about how this European decision compares to the position in the United States. Purple Communications, Inc.: the United States’ approach to … Continue Reading

Termination for Offensive Social Media Posts May Be a “Reasonable Response” in the UK

The UK Employment Appeal Tribunal (EAT) recently considered two unfair dismissal cases in which an employer terminated an employee for inappropriately posting on personal Twitter or Facebook accounts. In both cases the EAT overturned the tribunal judge’s ruling for the employee; remanding one case for failure to apply the reasonable responses test and declaring the … Continue Reading

European Court of Human Rights Rules Employers Can Read Employees’ Emails

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal email and social media accounts. The decision has attracted considerable publicity. Many headlines have implied that it gives employers carte blanche … Continue Reading

UK Whistleblowing Protection Extended to Partners

As originally published on Proskauer’s Whistleblower Defense blog, in the UK, whistleblowing law is based on a statute prohibiting a “worker” being dismissed or subjected to any other detriment because of having made a “protected disclosure”. Until recently, the general view was that the definition of “worker”, and therefore whistleblowing protection, did not extend to … Continue Reading

Social Media in the Workplace Around the World

Social media around the world continues to evolve and so does the International Labor and Employment Group at Proskauer. For a third year, Proskauer and its global partners have conducted a survey of multinational businesses to learn how they are dealing with use of this new media in the workplace. Our third annual survey received … Continue Reading

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

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

Promotion de la Diversité sur le Lieu de Travail

SEMINAIRE – Mercredi 21 mars 2013 Le 21 mars dernier, le Bureau de Paris a organisé un séminaire ayant pour thème la diversité sur le lieu de travail, et s’intéressant plus précisément aux obligations légales en vigueur en France, au Royaume-Uni, aux Etats-Unis et en Allemagne, ainsi qu’aux bonnes pratiques recensées dans chacun de ces … Continue Reading

ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”

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 … Continue Reading

Workplace bullying, mobbing and harassment – a global hot topic

Around the world, the issue of bullying, mobbing and harassment at work is one which is attracting more and more attention, both in the media and through legal developments which are increasingly protective towards employees.  The growing worldwide prominence of this issue means it is more important than ever for multinational businesses to have global … Continue Reading

Mobile Executives and International Assignments: A Cross-Border Perspective

SEMINAR – Wednesday, March 28, 2012 Program: Assigning employees overseas is an increasingly important consideration for international businesses. In our globalized world, there is a growing perception that geography cannot operate as a barrier to placing the right talent into the right job. Indeed, for many global businesses, spending time abroad and having first-hand experience of overseas … Continue Reading
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