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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DOL Proposes New Joint-Employer Rule
U.S. Department of Labor Proposes Significant Revision to Test for Determining Joint-Employer Status Under the FLSA
April 26, 2019
DOL Class and Collective Actions Wages and Overtime -
New York Anti-Sexual Harassment Law Limitations
Law Unlikely to Significantly Alter Status Quo
September 13, 2018
Class and Collective Actions Workplace Investigations -
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 -
Employment Law Year in Review
March 22, 2018
DOL Class and Collective Actions EEOC Hiring Retaliation Trade Secrets Wages and Overtime 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 -
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 -
New York Appellate Division, First Department, Holds That Class and Collective Action Waivers Are Unenforceable Under the National Labor Relations Act, Differing with the Second Circuit.
In Gold v. New York Life Insurance Co., New York state court endorses reasoning of the Seventh Circuit decision currently on review by the Supreme Court in Epic Systems Corp. v. Lewis, No. 16-285.
July 18, 2017
Class and Collective Actions -
U.S. Department of Justice Changes Its Position Before the Supreme Court in Epic System Corp. v. Lewis
Government Argues that Employee Arbitration Agreements with Class-Action Waivers Are Enforceable
June 20, 2017
Class and Collective Actions -
Employment Law 2016 Year in Review
This memorandum highlights what we believe were the most significant legal developments and trends from 2016 affecting employers and the employment relationship. In 2016, the Securities and Exchange Commission (“SEC”) and the National Labor Relations Board (“NLRB”) continued their focus on workplace policies and whether those policies, in their view, inhibit whistleblower protections. The question of whether employers may require employees to agree to class action arbitration waivers also came to a head, with the Supreme Court accepting for argument in its 2017 Term three petitions on the question. We expect continued focus on these areas in 2017, as well as increased lawmaking at state and local levels in light of the Trump Administration’s stated priorities and proposed budget cuts at the federal level.
March 22, 2017
DOL Class and Collective Actions EEOC Hiring Retaliation Trade Secrets Wages and Overtime Whistleblower