By Daniel Ornstein, Erika C. Collins and Tony S. Martinez on Posted in Discrimination
On January 30, 2018, Shawn Wang (“Plaintiff”), filed suit against GM (China) Investment Co., Ltd. (“GMCIC”) and General Motors (GM) alleging, among other things, age discrimination in violation of the Age Discrimination and Employment Act (“ADEA”) and race and national origin discrimination under Title VII. Plaintiff, a naturalized U.S. citizen, was a GMCIC employee in … Continue Reading
As we move into 2019, it is worth checking in on the “right to disconnect,” a French employment right that now has been adopted or proposed in multiple other countries. Basis of the Right We live in a hyper-connected world, and more and more companies now provide laptops and cell phones with the expectation that … Continue Reading
On May 30, 2018, the Puerto Rican Senate voted in favor of overturning an Act that provided significant protections to Puerto Rican employees. The repeal would roll back the current law, Act No. 80, which prohibits employees from being terminated without just cause, thus making it significantly easier for employers to terminate employees. Currently, private … Continue Reading
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
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
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
The US-EU Safe Harbor has been back in the news recently as Germany’s data protection commissioners met at the end of January and expressed impatience at the delay in implementing what many view as necessary reforms to the program. The European Court of Justice also recently heard a challenge to Facebook’s reliance on the Safe … Continue Reading
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
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
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
By Coralie Roos and Jeremy M. Mittman on Posted in Terminations
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
By James E. Gregory, Karin Dulac and Peta-Anne Barrow on Posted in Remunerations
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
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
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
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
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
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
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
By Cecile Martin, Jeremy M. Mittman and Daniel Ornstein on Posted in Privacy
For the first article of this blog, the Proskauer International Labor Group has decided to focus on this tricky question since we know that our friends and clients having an international presence face various issues when it comes to try to comply with all different local regulations about data privacy.… Continue Reading
By Peta-Anne Barrow, James E. Gregory, Daniel Ornstein and Cecile Martin on Posted in Seminar
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
Money moves easily in international channels, but laws tend to get stuck at the borders. The Supreme Court has made clear that U.S. laws are presumed to be limited in their application to U.S. territory, unless Congress has specifically declared that a law is to be applied abroad.… Continue Reading
SURVEY – July 2011 The business world continues to witness the ongoing and rapid proliferation in the use of social media at work. This, in turn, has left companies (as well as the courts) grappling to figure out how or whether rules regarding workplace confidentiality, loyalty, privacy and monitoring apply to these new forums. Proskauer’s … Continue Reading
Proskauer’s International Labor and Employment Group participated to the National Foreign Trade Council conference held in New York on July 14, 2011, at the Annual International Human Resources Management Forum: Data Privacy Issues in Cross-Border Employment Cécile Martin, Special International Labor & Employment Counsel, Paris Jeffrey D. Neuburger, Partner, New York SEMINAR: International Data Privacy … Continue Reading
Recent prosecutions by the National Labor Relations Board have the employer community all atwitter over the Board’s apparent social media policy. While social media law is too new and undeveloped to give a clear picture, the Labor Board’s approach appears to give employees broad latitude to disparage their employer on Facebook and similar social media … Continue Reading
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