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Before COVID-19 and the recent layoffs at Twitter Inc., the Worker Adjustment and Retraining Notification, or WARN, Act maintained a low profile; the act did not garner significant media attention, and cases alleging violations of the act were limited and largely routine. An explanation for this, at least in part, is that the WARN Act … Read more
Since the onset of the pandemic, our global employment team has been monitoring the level and changing nature of risks around the world. Whilst some trends have accelerated i.e. whistleblowing regulations, there are some new and important developments that pose significant employment risks. We have mapped these across the major financial centers using an interactive … Read more
In time with the political pendulum of the National Labor Relations Board (“NLRB”), the NLRB is poised to revisit the legality of many standard work rules in employee handbooks. In January, the NLRB advised it was considering revising its approach to analyzing the legality of work rules in the case Stericycle Inc., 371 NLRB No. … Read more
This post is an update to our November 16, 2021 article titled “US: Federal Vaccine-or-Test Mandate Hits the Lottery System”. Having been chosen by lottery to decide on the legality of OSHA’s vaccine-or-test mandate, including whether to uphold the Fifth Circuit’s stay of the mandate, a 2-1 majority of the Sixth Circuit decided on Friday December … Read more
A week after the Occupational Safety and Health Administration (OSHA) issued its long-awaited vaccine-or-test requirements, a panel of the Fifth Circuit Court of Appeals affirmed its stay of the November 5, 2021 OSHA mandate. The panel found the federal mandate – which came in the form of a rare emergency temporary standard (ETS) and covers … Read more
In July, amendments to New York City’s Fair Chance Act took effect. They impose additional restrictions on how and when employers may request, review and use criminal background check information for hiring and employment decisions. Many of these restrictions are either in direct or indirect conflict with regulations that require financial institution employers to conduct … Read more
Radical upheavals in working life are taking hold at a global level as remote and hybrid working leave lasting changes across industries in the wake of the Covid-19 pandemic. In response, employers are more inclined to advocate about geopolitical and social issues, use technology to manage and monitor the new ways of working, and adopt … Read more
In this Q and A Session, Herbert Smith Freehills Employment and Incentive specialists from the United States and the United Kingdom forecast the expected developments and pressing risks facing financial sector employers in 2021. Tyler Hendry, David Palmer and Tess Lumsdaine will be hosting a webinar to explore these issues in more detail on February … Read more
As COVID-19 continues its spread across the United States, federal, state, and local governments are taking emergency measures on a daily basis to respond to the pandemic. To keep our clients updated on these developments, below we have provided key considerations, developments, and resources in employment law. Because the situation is constantly evolving, we advise … Read more