Employment disputes can have far-reaching implications for a company’s reputation, market share and ability to retain and attract talent. When the stakes are highest, employers, boards and senior executives turn to Paul, Weiss for our deft handling of internal investigations and track record of favorably resolving complex employment litigations.
Publications
COVID-19 Update: Considerations for Employers Concerning COVID-19 Vaccination Programs
With the Pfizer/BioNTech vaccine and other COVID-19 vaccines likely to become available to the U.S. population soon, many employers are considering whether to impose mandatory vaccination policies on their employees.
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Second Circuit Affirms Injunction Enforcing Employment Noncompete Against Executive with Knowledge of Trade Secrets
The Second Circuit recently affirmed a preliminary injunction barring a former IBM executive from working in a similar role at Microsoft.
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The American Lawyer Highlights Bob Atkins and Liza Velasquez’s Appellate Win in IBM Non-Competition Case
Litigation partners Bob Atkins and Liza Velazquez were recognized in The American Lawyer’s “Litigation Daily” newsletter January 29 for their successful Second Circuit appeal affirming their trial victory for IBM in a noncompetition dispute with Microsoft and a former IBM executive.
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U.S. Department of Labor Proposes Independent Contractor Regulation
The U.S. Department of Labor recently proposed a rule revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA) and adopting the “economic reality” test for determining such status. The DOL noted that the proposed rule seeks to address the legal uncertainty around the definition of independent contractor that “may deter innovative work arrangements by creating legal risks with respect to misclassifying workers as independent contractors instead of employees.”
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COVID-19 Update: Additional Department of Labor Guidance on Wage and Hour Rules and Family and Medical Leave as Workplaces Reopen
The Department of Labor has issued additional guidance on critical issues regarding wage and hour, family and medical leave, discrimination, and returning furloughed employees to work as businesses reopen amid the COVID-19 pandemic.
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Wafra Wins Dismissal of Age Discrimination Suit
Paul, Weiss achieved a major victory for investment management firm Wafra Inc. when it secured the dismissal of a $45 million age discrimination case pending in the U.S. District Court for the Southern District of New York.
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National Labor Relations Board Promulgates Final Joint Employer Standard
On February 26, 2020, the National Labor Relations Board (the “NLRB” or the “Board”) announced its final rule (the “Final Rule”)[1] establishing the standard for determining whether an entity should be considered a joint employer under the National Labor Relations Act (the “NLRA” or the “Act”).
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Department of Education Issues New Regulations Governing How Colleges and Universities Investigate and Adjudicate Sexual Misconduct Cases under Title IX
On May 6, 2020, the U.S. Department of Education released its long-awaited final regulations governing how colleges and universities must investigate and adjudicate allegations of sexual assault and sexual harassment.
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U.S. Department of Labor Promulgates Final Overtime Exemption Rule
The U.S. Department of Labor has published its final rule that raises the earnings threshold to qualify for overtime and minimum wage exemptions under the Fair Labor Standards Act to $684 per week and allows employers to count nondiscretionary bonuses and incentives to satisfy up to 10 percent of the new earnings threshold, as long as such amounts are paid at least annually.
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New York State Legislature Passes Anti-Sexual Harassment and Anti-Discrimination Laws
The New York State Legislature has passed a bill amending the laws that govern sexual harassment and discrimination claims in New York State.
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The U.S. Supreme Court Issues Important Decision Finding Class Action Waivers in Employment Arbitration Agreements Enforceable
On May 21, 2018, the United States Supreme Court, in a long-awaited decision, held that employment arbitration agreements with class action waivers requiring individual arbitration are enforceable under the Federal Arbitration Act (the “FAA”), notwithstanding Section 7 of the National Labor Relations Act (the “NLRA”), which protects employees’ rights to engage in concerted activities.
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Proactive Evaluation of Sexual Harassment Prevention Policies
Recent highly publicized instances of alleged sexual harassment and sexual assault in the workplace have caused many employers to re-evaluate their sexual harassment policies and procedures
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