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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Employment Law Year in Review
March 22, 2018
DOL Class and Collective Actions EEOC Hiring Retaliation Trade Secrets Wages and Overtime Whistleblower -
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 -
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 -
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 -
President Trump Proposes Two NLRB Nominees, Potentially Creating Republican NLRB Majority, and an EEOC Nominee
June 30, 2017
EEOC NLRB -
Second Circuit Grants En Banc Review to Consider Whether Sexual Orientation Is a Protected Characteristic Under Title VII
Court Will Hear Zarda v. Altitude Express Appeal in September; May Become Second Federal Appellate Court to Protect Sexual Orientation Under Title VII
May 26, 2017
EEOC Retaliation Workplace Investigations -
Circuit Split Has Developed Over Whether Sexual Orientation Is a Protected Characteristic Under Title VII
On April 4, Seventh Circuit Held in Hively v. Ivy Tech Community College of Indiana That Sexual Orientation Discrimination Is Prohibited Under Title VII; On March 27, in Christiansen v. Omnicom Group, Inc., Second Circuit Affirmed Contrary View, in Line With All Other Circuits to Consider the Question
April 19, 2017
EEOC Retaliation Workplace Investigations -
Supreme Court Limits Appellate Review of District-Court Decisions on Enforceability of EEOC Administrative Subpoenas to Deferential, Abuse-of-Discretion Standard
Supreme Court’s Decision in McLane v. EEOC Brings Standard of Review of EEOC Subpoenas in the Ninth Circuit in Line with All Other Circuits to Consider the Question.
April 3, 2017
EEOC Workplace Investigations -
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