Labor and Employment

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Euromoney’s Rising Star Awards 2022 Recognizes 16 Gibson Dunn Partners

Euromoney named 16 Gibson Dunn lawyers among its 2022 Rising Stars in the Americas, EMEA, and Asia-Pacific regions.

Firm News | October 12, 2022

California Enacts Pay Transparency and Disclosure Requirements Effective January 1, 2023

Our lawyers summarize California’s new pay transparency and pay scale disclosure law, which was signed by Governor Gavin Newsom on September 27, 2022.

Client Alert | October 11, 2022

Department of Labor Initiates Rulemaking to Revise Its Interpretation of Who Qualifies as an Independent Contractor Under the FLSA

Gibson Dunn lawyers review a proposed rule issued on October 11 by the U.S. Department of Labor regarding who is an “independent contractor” under the Fair Labor Standards Act.

Client Alert | October 11, 2022

Benchmark Litigation US 2023 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2023 edition and named 69 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 6, 2022

Expert Guides Rising Stars 2022 Recognizes Twelve Gibson Dunn Lawyers

Expert Guides has named eleven Gibson Dunn lawyers to its Rising Stars 2022 Guide, which recognizes the brightest and most talented practitioners under 40 in the area of business law and related practices.

Firm News | October 6, 2022

New York City Proposes Rules to Clarify Upcoming Artificial Intelligence Law for Employers

New York City's Department of Consumer and Worker Protection has proposed rules in an attempt to clarify numerous ambiguities in New York City’s Artificial Intelligence, which takes effect on January 1, 2023.

Client Alert | October 3, 2022

Joshua Lipshutz and Jason Schwartz Named Among Benchmark 2022 Top 20 Labor & Employment Litigators

Benchmark Litigation named Washington, D.C. partners Joshua Lipshutz and Jason Schwartz to its list of the Top 20 Labor & Employment Litigators, which features lawyers who have been recognized by peers and clients alike for their exceptional reputations and achievements in labor and employment litigation.

Firm News | September 28, 2022

Hilfe für Hinweisgeber – Beweislastumkehr nach § 36 II HinSchG-RegE

Munich partner Mark Zimmer is the co-author of “Hilfe für Hinweisgeber – Beweislastumkehr nach § 36 II HinSchG-RegE” [Hier kommt der Link dahinter] published in the issue 17/2022 of the German publication NZA (Neue Zeitschrift für Arbeitsrecht), together with Benita Schwung.

Article | September 10, 2022

Law360 Names Eight Gibson Dunn Partners as 2022 MVPs

Law360 named eight Gibson Dunn partners among its 2022 MVPs.

Firm News | September 6, 2022

11 Gibson Dunn Partners Named Lawyers of the Year

Best Lawyers® named 11 Gibson Dunn partners as the 2023 Lawyer of the Year in their respective practice areas and cities.

Firm News | August 18, 2022

Lawdragon 500 2022 Names 20 Gibson Dunn Partners Top Employment Lawyers

Twenty Gibson Dunn partners were named to the 2022 Lawdragon 500 Leading Corporate Employment Lawyers guide, featuring “the nation’s top advisors to businesses, universities, nonprofits and other organizations dealing with the mind-bending matrix of today’s global workforce.”

Firm News | August 15, 2022

Settlement Agreement with U.S. Department of Justice Demonstrates the Risks Associated with Third-Party Information Sharing

On July 25, 2022, the U.S. Department of Justice entered into an $84.8 million settlement agreement with several poultry processing companies over allegations that the poultry processors conspired with one another to share wage and benefits information through third-party data aggregation firms.

Client Alert | August 1, 2022

Labor Department Proposes “QPAM” Changes

Our lawyers discuss a proposed rule by the Employee Benefits Security Administration of the U.S. Department of Labor that would amend a longstanding regulation governing financial institutions acting as qualified professional asset managers.

Client Alert | July 26, 2022

California Supreme Court Holds Employee May Sue Staffing Agency’s Client Even After Settling Same Claims Against Agency

On June 30, 2022, the California Supreme Court held that an employee who brings an employment class action against a staffing agency and executes a settlement agreement releasing the agency and its agents may bring a second class action against the staffing agency’s client premised on the same violations.

Client Alert | July 1, 2022

Jesse Cripps, Michele Maryott and Katherine Smith Named Among California’s Top Employment Lawyers for 2022

The Daily Journal named Los Angeles partners Jesse Cripps and Katherine Smith and Orange County partner Michele Maryott to its 2022 list of Top Labor & Employment Lawyers in California.

Firm News | June 29, 2022

Gibson Dunn Ranked in 2022 U.S. Legal 500

Gibson Dunn earned 55 practice area rankings, including 17 top-tier rankings in the 2022 edition of The Legal 500 – United States.

Firm News | June 22, 2022

Supreme Court Holds That The Federal Arbitration Act Requires Enforcement Of Agreements To Arbitrate Individual Claims Under California’s Labor Code Private Attorneys General Act

On June 15, 2022, the Supreme Court held that individual claims arising under California’s Labor Code Private Attorneys General Act can be compelled to arbitration.

Client Alert | June 15, 2022

Best Lawyers in the United Kingdom 2023 Recognizes 18 Gibson Dunn Attorneys

Best Lawyers and Best Lawyers: Ones to Watch in the United Kingdom 2023 have recognized 18 Gibson Dunn attorneys, and 15 Gibson Dunn attorneys have been recognized as leading lawyers in their respective practice areas.

Firm News | June 9, 2022

Supreme Court Holds That Airline Cargo Loaders Are Exempt From The Federal Arbitration Act

On June 6, 2022, the Supreme Court held that a ramp agent supervisor whose work frequently requires her to move baggage and other cargo on and off airplanes is a transportation worker exempt from the Federal Arbitration Act’s provisions requiring enforcement of arbitration agreements.

Client Alert | June 6, 2022

Wettbewerbsverbote in Aktienoptionsplänen ausländischer Konzernmütter

Munich partner Mark Zimmer is the co-author of “Wettbewerbsverbote in Aktienoptionsplänen ausländischer Konzernmütter” published in the June 2022 issue of the German publication Recht der Internationalen Wirtschaft, together with Maryam Neumann.

Article | June 6, 2022

Chambers and Partners Names Gibson Dunn as Labor and Employment Law Firm of the Year

At the 2022 Chambers USA Awards, Chambers and Partners named Gibson Dunn as the Labor and Employment Law Firm of the Year.

Firm News | May 26, 2022

Keeping Up with the EEOC: Artificial Intelligence Guidance and Enforcement Action

On May 12, 2022, more than six months after the Equal Employment Opportunity Commission announced its Initiative on Artificial Intelligence and Algorithmic Fairness, the agency issued its first guidance regarding employers’ use of Artificial Intelligence.

Client Alert | May 23, 2022

Supreme Court Holds Prejudice Not Required To Show Party Waived Right to Arbitrate

Today, the Supreme Court held 9-0 that prejudice is not required to show that a party waived the right to arbitrate.

Client Alert | May 23, 2022

Complying With Electronic Monitoring Laws In NY And Beyond

New York partner Harris Mufson and associate Lizzy Brilliant are the authors of "Complying With Electronic Monitoring Laws In NY And Beyond" published by Law360 on May 19, 2022.

Article | May 19, 2022

The FTC at Full Strength: What to Expect Next

The addition of Commissioner Alvaro Bedoya establishes the first Democratic majority at the FTC since Commissioner Rohit Chopra left the agency. This alert addresses key issues that may see more activity in light of the new Democratic majority.

Client Alert | May 16, 2022

City Council Amends New York City Pay Transparency Law

On April 28, 2022, the New York City Council amended the City’s pay transparency law, which was scheduled to go into effect on May 15.  The amendments delay the effective date of the law until November 1, 2022.  The amendments also make additional key changes that are noteworthy for employers.

Client Alert | May 2, 2022

Supreme Court Holds That Damages For Emotional Distress Are Categorically Unavailable In Discrimination Actions Against Recipients Of Federal Financial Assistance

Today, the Supreme Court held 6-3 that emotional-distress damages are not available in discrimination actions against recipients of federal financial assistance.

Client Alert | April 28, 2022

Starting on May 7, 2022, New York Requires Electronic Monitoring Notices to Employees

On November 8, 2021 New York Governor Kathy Hochul signed an amendment to the New York Civil Rights Law which requires employers provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. The law is scheduled to go into effect on May 7, 2022.

Client Alert | April 26, 2022

Employers Beware: Aggressive and Expansive Labor-Focused Antitrust Enforcement Will Remain The New Normal

In the past year, the U.S. Federal Trade Commission (“FTC”) and Department of Justice’s Antitrust Division (“DOJ”) have put antitrust enforcement in the employment context at center stage.

Client Alert | April 18, 2022

Gibson Dunn Ranked in Legal 500 EMEA 2022

The Legal 500 EMEA 2022 has recommended Gibson Dunn in 22 categories in Belgium, France, Germany and UAE.

Firm News | April 12, 2022

OFCCP Guidance on Privilege Assertions Over Pay Equity Audit Materials

Since President Biden took office in January 2021, employers’ compensation and nondiscrimination practices have been under increasing scrutiny by the federal government. 

Client Alert | April 12, 2022

Ninth Circuit Issues Important En Banc Opinion Regarding Class Certification Issues

On April 8, 2022, the Ninth Circuit released a significant en banc opinion in Olean Wholesale Grocery v. Bumble Bee Foods, — F.4th —, 2022 WL 1053459 (9th Cir. Apr. 8, 2022) (en banc), that addresses numerous key class certification issues, including the evidentiary burden for a plaintiff seeking class certification, the assessment of expert testimony at the class certification stage, and the interplay between Rule 23 and injury and Article III standing.

Client Alert | April 11, 2022

Anreize ohne Aktien – Virtuelle Mitarbeiterbeteiligung

Munich partner Mark Zimmer and associate Katharina Heinrich are the authors of “Anreize ohne Aktien – Virtuelle Mitarbeiterbeteiligung” published in the April 2022 issue of the German publication Arbeit und Arbeitsrecht (AuA).

Article | April 6, 2022

Supreme Court Limits Federal Jurisdiction To Confirm Or Vacate Arbitral Awards

On March 31, 2022, the Supreme Court held 8-1 that federal jurisdiction to confirm or vacate an arbitral award under Sections 9 and 10 of the Federal Arbitration Act must exist independent of the underlying controversy - that is, courts cannot “look through” to the underlying dispute to establish federal subject-matter jurisdiction.

Client Alert | March 31, 2022

Medley Of State AI Laws Pose Employer Compliance Hurdles

New York partners Danielle Moss and Harris Mufson and Washington, D.C. associate Emily Lamm are the authors of "Medley Of State AI Laws Pose Employer Compliance Hurdles" published by Law360 Employment Authority on March 30, 2022.

Article | March 30, 2022

New York Enacts New Employment Laws and Others May Be on the Horizon

On March 16, 2022, New York State Governor Kathy Hochul signed two new bills into law that expand non-discrimination protections in the workplace.  As a result, New York now prohibits employers from releasing employee personnel files in retaliation for such employee’s engagement in protected activity.  Additionally, the state will be announcing a state-run sexual harassment hotline that will need to be referenced in anti-harassment policies and postings.

Client Alert | March 28, 2022

Mehr Macht den Frauen – Das FüPoG II in Privatwirtschaft und öffentlichem Dienst

Munich partner Mark Zimmer and Frankfurt associate Linda Vögele are the authors of “Mehr Macht den Frauen - Das FüPoG II in Privatwirtschaft und öffentlichem Dienst” [PDF] published in the March 2022 issue of the German publication BWV (Bundesverwehrverwaltung), together with Adrian Sichma.

Article | March 24, 2022

2021 ERISA Litigation Update

This year’s Annual ERISA Litigation Update summarizes key legal opinions and developments to assist plan sponsors and administrators navigating the rapidly changing ERISA litigation landscape.

Client Alert | February 22, 2022

Three Gibson Dunn Cases Named Top Verdicts of the Year 2021

The Daily Journal recognized three Gibson Dunn wins in its annual feature on the Top Verdicts in California for 2021.

Firm News | February 11, 2022

Congress Implements Restrictions on Employment Agreements That Require Arbitration of Sexual Assault or Harassment Claims

In what one Member of Congress described as “the most significant labor legislation of this century,” Congress just passed a bill that would allow employees to avoid enforcement of any pre-dispute agreements that require employees to arbitrate sexual assault or harassment claims, which President Biden seems prepared to sign into law.

Client Alert | February 11, 2022

California Supreme Court Adopts New Standard for Whistleblower Retaliation Claims

On January 27, 2022, the Supreme Court of California issued a decision that changes the burden for employers that are defending against current or former employees’ whistleblower retaliation claims.

Client Alert | January 28, 2022

Supreme Court Holds That Investor Choice Does Not Categorically Preclude ERISA Claims For Breach Of Fiduciary Duty

On Monday, January 24, 2022, the Supreme Court held 8-0 that offering inexpensive investment options, together with other allegedly high-cost options, in a defined-contribution retirement plan does not itself categorically foreclose a claim for breach of ERISA’s duty of prudence.

Client Alert | January 24, 2022

New York City Enacts Pay Transparency Law Requiring Salary Ranges in Job Postings

Adding to the growing list of jurisdictions that have passed pay transparency laws, effective May 15, 2022, employers in New York City will be required to include salary ranges in job postings. 

Client Alert | January 21, 2022

Gibson Dunn Named a 2021 Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2021 in its January 17, 2022 article "The Firms That Dominated in 2021,” featuring nine firms that received the most Practice Group of the Year awards.

Firm News | January 19, 2022

California Introduces New Restrictions on Employers’ Separation and Settlement Agreements with Employees

California SB 331, or the “Silenced No More Act,” introduces additional restrictions on settlement agreements, non-disparagement agreements and separation agreements executed with employees in California after January 1, 2022. Our lawyers discuss the potential impact of this new law.

Client Alert | January 19, 2022

2021 Year-End German Law Update

Once more, 2021 demonstrated that constant change should become your friend and ally. After a second year of global uncertainty caused by the formidable challenges of the COVID-pandemic, we all long for a return “back-to-normal.” However, chances are that 2022 will continue to present drastic and unpredictable challenges.

Client Alert | January 13, 2022

Supreme Court Stays OSHA Vaccine-Or-Testing Mandate

On Thursday, January 13, 2022, by a 6–3 vote, the Supreme Court prevented the implementation of an OSHA rule that would have imposed a vaccine-or-testing regime on employers with 100 or more employees.

Client Alert | January 13, 2022

Webcast: Supreme Court Roundup: 2020-2021 Terms

The webcast provides analysis of the significant and high-profile cases before the Supreme Court this Term, including those affecting the business community.

Webcasts | January 13, 2022

Webcast: Grappling with the New Normal: Addressing Mental Health and Other Struggles when the Workplace is Remote

The shift to remote work since early 2020 has presented a number of challenges to those in the legal industry, both as outside and in-house counsel. This presentation will discuss issues posed by remote work that may affect an attorney’s ability to practice competently.

Webcasts | January 11, 2022

New York City Enacts Law Restricting Use of Artificial Intelligence in Employment Decisions

Effective January 1, 2023, New York City employers will be restricted from using artificial intelligence machine-learning products in hiring and promotion decisions. Gibson Dunn lawyers provide an overview of the new law and its implications for employers.

Client Alert | December 27, 2021