This blog is dedicated to the rapidly changing areas of labor and employment law, whistleblower rights and workplace investigations.
The posts are aimed at keeping clients and others informed of litigation and regulatory developments that affect the workplace as they occur. The posts cover a wide breadth of topics, including, among others, complex discrimination issues, restrictive covenant cases, executive employment matters and whistleblower litigation, as well as traditional labor law topics.
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Disclaimer Notice: The Legal Developments Affecting the Workplace blog is an informational product provided by Sullivan & Cromwell LLP and should not be considered a substitute for legal advice.
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CFTC Announces Two Significant Whistleblower Awards Under Revamped Program
$30 Million Award Is Largest Ever; and Award to an Overseas Whistleblower Is the First of Its Kind
July 17, 2018
Whistleblower -
SEC Proposes Amendments to Whistleblower Rules
July 2, 2018
Whistleblower -
Epic Systems Corp. v. Lewis
U.S. Supreme Court Holds That Class-Action Waivers in Employment Arbitration Agreements Are Enforceable Under Federal Law.
May 23, 2018
Class and Collective Actions -
New York State Passes Significant Sexual Harassment Legislation
New Legal Requirements Include Prohibiting Non-Disclosure Clauses Unless It Is the “Complainant’s Preference,” and Barring Pre-Dispute Arbitration Clauses for Sexual Harassment Claims.
April 23, 2018 -
D.C. Circuit to Consider Once Again the NLRB’s Browning-Ferris Joint Employer Standard
“Extraordinary Circumstances” Justify Consideration of the Appeal After 2017 Remand to the NLRB
April 12, 2018
NLRB -
Employment Law Year in Review
March 22, 2018
DOL Class and Collective Actions EEOC Hiring Retaliation Trade Secrets Wages and Overtime Whistleblower -
SEC Announces Largest Whistleblower Awards Ever Granted Under the Dodd-Frank Act’s Bounty Provision
March 20, 2018
Whistleblower -
New York State Senate Passes Bill Banning Mandatory Arbitration for Sexual Harassment Claims
Bill Also Requires Court Approval of Sexual Harassment Settlement Agreements with Confidentiality Provisions
March 15, 2018
Class and Collective Actions Workplace Investigations -
S&C Article in New York Law Journal Addresses Deductibility of Sex Harassment Settlements
March 5, 2018
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U.S. Supreme Court Holds That Dodd-Frank Act’s Whistleblower Provisions Cover Persons Who Report Concerns to the SEC, Not Those Who Exclusively Report Internally
March 1, 2018
Whistleblower -
Browning-Ferris Joint-Employer Standard Revived
NLRB Compelled to Vacate December 2017 Decision That Overturned Browning-Ferris; NLRB Inspector General Found that Board Member William Emanuel Should Not Have Cast a Vote
February 27, 2018
NLRB -
Second Circuit Sitting En Banc Holds that Title VII Prohibits Discrimination on the Basis of Sexual Orientation
Decision Overturns Second Circuit Precedent and Deepens Circuit Split on the Issue
February 27, 2018
EEOC Retaliation Workplace Investigations -
U.S. Department of Labor Loosens Standards for Permissible Use of Unpaid Interns
DOL Rejects Restrictive Six-Factor Test and Announces That It Will Adopt the “Primary Beneficiary” Test Favored by the Federal Circuit Courts
January 9, 2018
DOL Wages and Overtime -
Tax Reform Bill Eliminates Employer Deduction For Amounts Paid in Settlement of Sexual Harassment and Abuse Claims if the Settlement Agreements Require Nondisclosure
December 21, 2017
Workplace Investigations -
National Labor Relations Board Reverses Browning-Ferris Joint-Employer Standard and Lutheran Heritage Employee Handbook Standard
Republican Majority Overturned Precedents that Had Been Roundly Criticized by Employers
December 19, 2017
NLRB -
New York State Paid Family Leave Benefits Law to Take Effect on January 1, 2018
Employers Must Provide Employees up to Eight Weeks of Paid Family Leave
December 13, 2017
Wages and Overtime -
Supreme Court Denies Certiorari in Case Presenting Question of Whether Title VII’s Prohibition on Sex Discrimination Encompasses Sexual Orientation Discrimination
Court’s Decision to Deny Cert in Evans v. Georgia Regional Hospital Currently Leaves Seventh Circuit Split from All Other Circuits
December 12, 2017
EEOC Retaliation Workplace Investigations -
Supreme Court Hears Oral Argument in Digital Realty Trust, Inc. v. Somers
Court Considering Whether Dodd-Frank Act’s Anti-Retaliation Provision Protects Internal Whistleblowers as Well as Those Who Report to the SEC
December 5, 2017
Whistleblower -
New Developments in Ongoing Litigation Enjoining Obama Era White Collar Overtime Rules
U.S. Department of Labor Asks Fifth Circuit to Hold Appeal in Abeyance Pending New Rulemaking
District Court Considers Contempt Finding for Lawsuit Seeking to Enforce Enjoined Prior RegulationsNovember 9, 2017
DOL Wages and Overtime -
New York City Commission on Human Rights Publishes “Frequently Asked Questions” Addressing Salary History Ban Taking Effect October 31, 2017
Job Applicant and Employer Fact Sheets Also Published
October 12, 2017
Hiring -
Supreme Court Hears Oral Argument in Epic System Corp. v. Lewis
Court Considering Whether Employee Arbitration Agreements with Class-Action Waivers Violate the National Labor Relations Act
October 6, 2017
Class and Collective Actions -
Administrative Review Board Reverses Course, Takes Position that Sarbanes-Oxley Whistleblower Protections Apply Extraterritorially
September 13, 2017
DOL Retaliation Whistleblower -
Trump Administration Budget Office Stays EEOC Rule That Would Have Imposed Pay Data Reporting Requirements in Employer Information Report (EEO-1)
In August 29 Memorandum, OMB Announced Review and Immediate Stay of Rule That Would Have Required Employers to Submit Pay Data Information by Gender, Race and Ethnicity
September 5, 2017
EEOC -
DOJ and EEOC File Opposing Amicus Briefs Addressing Whether Sexual Orientation Is a Protected Characteristic Under Title VII
Briefs Filed in Second Circuit’s Full-Panel Review of Zarda v. Altitude Express
August 1, 2017
EEOC Retaliation Workplace Investigations -
Department of Labor Issues Request for Public Comments on 11 Questions About Potential Changes to the Overtime White Collar Exemptions.
Request for Information Suggests All Options Are on the Table Concerning Revisions to the Obama Administration’s 2016 Rules.
July 27, 2017
DOL