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International Labor and Employment Law

Category Archives: Regional/National

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What Multinational Employers Need to Know about Ontario’s Proposed Sexual Harassment Protections

flag for CanadaPosted in Canada, Discrimination

After adopting an action plan to stop sexual violence and harassment in March 2015, Ontario’s legislature is taking steps to pass an act that would create new duties for employers to prevent and investigate sexual harassment in the workplace. If passed, the act would go into effect six months after it is signed. The act,… Continue Reading

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

flag for European UnionPosted in European Union, Privacy, Terminations

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

EU Data Privacy Updates

flag for European Unionflag for United StatesPosted in European Union, Privacy, United States

A brief rundown of developments in recent weeks in the area of EU data protection law: EU Data Protection Regulation On Monday, June 15, the EU Council (comprised, for purposes of data protection reform, of the justice ministers from each of the EU member states) reached an agreement on a draft data protection regulation, marking… Continue Reading

Second Circuit Affirms No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision

flag for Chinaflag for Germanyflag for United StatesPosted in China, Germany, United States, Whistleblowing

This article is also authored by Steven J Pearlman and Harris M Mufson In Liu v. Siemens A.G., No. 13-cv-4385, 2014 WL 3953672 (2d Cir. Aug. 14, 2014), the Second Circuit affirmed that the anti-retaliation provision in Section 922 of Dodd-Frank does not apply extraterritorially.  This post examines the Court’s reasoning and the implications of this… Continue Reading

UK Whistleblowing Protection Extended to Partners

flag for United KingdomPosted in United Kingdom, Whistleblowing

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

Labor and Employment Updates from Around the World: Germany

flag for GermanyPosted in Discrimination, Employment Contracts, Germany

In the first of our new series of labor and employment updates from around the world, we focus on Germany, where there have been a number of recent and significant developments.  With the help of Gleiss Lutz (a firm with offices throughout Germany), we are delighted to provide you with the latest news from Germany…. Continue Reading

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… Continue Reading

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”)… 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.

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… Continue Reading

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… 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… Continue Reading

International Laws Governing Cross Border Discovery, Privilege, Confidentiality and Data Privacy

flag for European UnionPosted in European Union, Privacy, Webinar

Webinar – Wednesday, October 16, 2013 Program: 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… Continue Reading

Tips for Setting Employees’ Salaries and Benefits for Multinational Companies

flag for Franceflag for United Kingdomflag for United StatesPosted in France, Remunerations, United Kingdom, United States

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… Continue Reading

Ten Questions Regarding Brazilian Labor and Employment law

flag for BrazilPosted in Brazil, Employment Contracts

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… Continue Reading

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

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

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

About the National Agreement Reached by Unions in France: Is French Labor Law Becoming More Flexible? Is the French Labor Code Revolutionized?

flag for FrancePosted in Employment Contracts, France

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… Continue Reading

ILG Blog Posting: Social Media Evolves

flag for Argentinaflag for Brazilflag for Canadaflag for Chinaflag for Czech Republicflag for European Unionflag for Franceflag for Germanyflag for Indiaflag for Italyflag for Japanflag for Mexicoflag for Netherlandsflag for Singaporeflag for Spainflag for United Kingdomflag for United StatesPosted in Argentina, Brazil, Canada, China, Czech Republic, European Union, France, Germany, India, Ireland, Italy, Japan, Mexico, Netherlands, North America, Privacy, Singapore, South Africa, Spain, Survey, United Kingdom, United States

Social media around the world continues to evolve and so does the International Labour Group at Proskauer.   For a second year in a row, Proskauer and its global partners have conducted a survey of multinational businesses to find out about how they are dealing with use of this new media in the workplace.  Our second… Continue Reading

Workplace bullying, mobbing and harassment – a global hot topic

flag for Canadaflag for European Unionflag for Franceflag for Germanyflag for Italyflag for Spainflag for Swedenflag for United Kingdomflag for United StatesPosted in Australia, Belgium, Canada, Denmark, European Union, France, Germany, Harassment/Bullying, Italy, Norway, Québec (Canada), Spain, Sweden, Uncategorized, United Kingdom, United States

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

International workplace dispute practices: key concepts for today’s global employers

flag for Chinaflag for Franceflag for Germanyflag for Spainflag for United Kingdomflag for United StatesPosted in China, France, Germany, South Africa, Spain, United Kingdom, United States

Increasingly, companies with operations or employees in more than one country are exposed to the risk of court proceedings in a foreign jurisdiction and the unfamiliar practices and procedures arising out of overseas litigation. Naturally, a flurry of questions arises: Can we arbitrate? Must mediation be pursued? How long will the process take? Understanding the… Continue Reading