Jurisdiction: The Americas

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, TUPE

US: New EEOC guidance for wellness programs

Large employers using wellness programs to reduce the cost of medical benefits must take care not to inadvertently violate various federal laws, including The Americans with Disabilities Act (ADA), The Health Insurance Portability and Accountability Act (HIPPA) and The Genetic … Continue reading

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Filed under Incentives, Jurisdiction: The Americas

US: Proposed new obligation for large US employers to report pay information

A rule recently proposed by the US Equal Employment Opportunity Commission seeks to expand the scope of information that US employers with over 100 employees ("Qualified Employers") must currently report to the federal government. Specifically, in addition to reporting the … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: The Americas, Remuneration

EU: Data protection – proposed EU-US Privacy Shield

The EU Commission and the US have agreed on a new framework to facilitate the transfer of EU personal data to the US, the EU-US Privacy Shield, following the ECJ ruling that the old Safe Harbour framework was invalid (see … Continue reading

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Filed under Data protection, Jurisdiction: Cross-border, Jurisdiction: The Americas

UK: HSF Global Guide to Whistleblowing

Herbert Smith Freehills has published the first edition of a Global Guide to Whistleblowing, providing a quick reference guide to the law and culture around employees 'blowing the whistle' in 40 key jurisdictions covering in EMEA, the Americas and Asia … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, Resources, Whistleblowing

US: Second Circuit decision protecting internal whistleblowers creates circuit split

A recent decision by the Second Circuit Court of Appeals (Bergman v Neo@Ogilvy LLC) held that the Dodd-Frank Act protects employee whistleblowers who report wrongdoing internally to their employer, in addition to employees who report wrongdoing to the Securities and … Continue reading

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Filed under Jurisdiction: The Americas, Whistleblowing

US: SEC targets confidentiality agreements in first-ever whistleblower protection enforcement action

The Securities and Exchanges Commission has settled its first enforcement action against a company for “improperly restrictive language in confidentiality agreements”. SEC Rule 21F-17 prohibits companies from taking any action – including enforcing, or threatening to enforce, a confidentiality agreement … Continue reading

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Filed under Jurisdiction: The Americas, Restrictive covenants and confidential information

Updated HSF multi-jurisdictional guide to employee issues in business transfers

We have recently updated our multi-jurisdictional guide discussing potential employee issues in business transfers (first published in October 2013). The second edition reflects the law as at February 2015. The guide is a quick reference tool covering the key legal … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, TUPE

US: EEOC proposes regulation for employee wellness programs

Recently, the United States Equal Employment Opportunity Commission has brought several lawsuits under the Americans with Disabilities Act against companies that have allegedly penalised employees for failure to enrol in wellness programs. According to the Commission, the alleged penalties essentially required … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: The Americas

US: Supreme Court considers accommodations for pregnant employees

The US Supreme Court has heard oral argument on the question of whether, and in what circumstances, an employer providing work accommodations to non-pregnant employees with work limitations must provide comparable work accommodations to pregnant employees who are similar in … Continue reading

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Filed under Discrimination and equal pay, Family-friendly rights, Jurisdiction: The Americas