Labor and Employment

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UK Employment Update – Summer 2019

Gibson Dunn lawyers look back at the key developments in UK employment law during the first half of 2019 and look forward to anticipated developments in the six months to come.

Client Alert | August 14, 2019

Greta Williams Named Among 2019 D.C. Rising Stars

The National Law Journal named Washington, D.C. partner Greta Williams among its 2019 D.C. Rising Stars, featuring 40 attorneys who have “excelled on some of the biggest stages.” The list was published on July 24, 2019.

Firm News | July 26, 2019

Gibson Dunn Ranked in 2019 U.S. Legal 500

Gibson Dunn earned 54 practice area rankings, including 18 top-tier rankings in the 2019 edition of The Legal 500 – United States, and 32 partners were named Leading Lawyers in their respective practices with an additional 15 partners recognized as Next Generation Lawyers and two attorneys recognized as Rising Stars.

Firm News | July 11, 2019

Three Gibson Dunn Partners Named Among California’s Top Labor & Employment Lawyers for 2019

The Daily Journal named Los Angeles partners Catherine Conway and Jesse Cripps and Orange County partner Michele Maryott to its 2019 list of Top Labor and Employment Lawyers in California.

Firm News | July 10, 2019

Best Lawyers in Germany 2020 Recognizes 14 Gibson Dunn Attorneys

Best Lawyers in Germany 2020 has recognized 14 Gibson Dunn attorneys as leading lawyers in their respective practice areas. In Frankfurt: Jens-Olrik Murach – Competition/Antitrust Law and Litigation; Dirk Oberbracht – Corporate Law, Mergers and Acquisitions Law and Private Equity Law; Wilhelm Reinhardt – Mergers and Acquisitions Law; and Finn Zeidler – Arbitration and Mediation and Litigation.

Firm News | June 28, 2019

Best Lawyers in the United Kingdom 2020 Recognizes 11 Gibson Dunn Partners

Best Lawyers in the United Kingdom 2020 has recognized 11 Gibson Dunn partners as leading lawyers in their respective practice areas: Cyrus Benson – International Arbitration; Thomas Budd – Real Estate Finance; James Cox – Employment Law; Patrick Doris – International Arbitration; Charlie Geffen – Private Equity Law; Penny Madden – International Arbitration; Mitri Najjar – Corporate Law; Philip Rocher – Litigation; Alan Samson – Finance Services, Real Estate Finance and Real Estate Law; Jeffrey Sullivan – International Arbitration; and Steve Thierbach – Capital Markets Law.

| June 28, 2019

New York State Enacts Important Changes to Harassment and Discrimination Law

On June 19, 2019, the New York State legislature voted to pass bill A08421, a new law which changes the legal landscape governing discrimination and harassment in the workplace.

Client Alert | June 21, 2019

Jason Schwartz Elected Fellow of The College of Labor and Employment Lawyers

Washington, D.C. partner Jason Schwartz has been elected as a Fellow of The College of Labor and Employment Lawyers. This election recognizes those of “sustained outstanding performance in the profession, exemplifying integrity, dedication and excellence.” The College was established in 1995 through an initiative of the Council of The Section of Labor and Employment Law of the American Bar associate.

Firm News | June 13, 2019

Supreme Court Holds That Title VII’s Administrative Exhaustion Requirement Is Not A Jurisdictional Prerequisite To Suit

On June 3, 2019, the Supreme Court unanimously held that Title VII’s requirement that employment-discrimination plaintiffs present their claims to the Equal Employment Opportunity Commission (“EEOC”) before filing suit is a mandatory claim-processing rule subject to ordinary principles of waiver and forfeiture, not a jurisdictional prerequisite that can be raised at any point during the litigation.

Client Alert | June 3, 2019

Gibson Dunn Named Winner in Two Categories for D.C. Litigation Department of the Year

In its 2019 D.C. Litigation Department of the Year contest, the National Law Journal named Gibson Dunn as one of three winners in the General Litigation category and as the winner in the Labor & Employment category.

Firm News | May 31, 2019

New York Amends Election Law to Provide Three Hours of Paid Time Off to Employees

On April 1, 2019, New York State amended its Election Law § 3-110, to provide all employees in New York with three hours of paid time off to vote.

Client Alert | May 1, 2019

Gibson Dunn Earns 79 Top-Tier Rankings in Chambers USA 2019

In its 2019 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 79 first-tier rankings, of which 27 were firm practice group rankings and 52 were individual lawyer rankings.

Firm News | April 25, 2019

Six Gibson Dunn Partners Named Top Employment Lawyers

Six Gibson Dunn partners were recognized in the 2019 Guide to World-Class Employment Lawyers by Human Resource Executive (HRE) magazine and Lawdragon.

Firm News | April 2, 2019

Gibson Dunn Named Appellate and Labor & Employment Management Firm of the Year

Benchmark Litigation recognized Gibson Dunn as Appellate Firm of the Year and Labor & Employment Management Firm of the Year at its 2019 United States Awards dinner.

Firm News | February 28, 2019

Illinois Supreme Court Finds BIPA Violations Actionable, Even With No “Actual Injury”

On January 25, 2019, in Rosenbach v. Six Flags Entertainment Corporation, the Illinois Supreme Court unanimously held that a plaintiff may be “aggrieved” under Illinois’ Biometric Information Privacy Act (“BIPA”)—with statutory standing to sue for significant statutory damages—even without alleging an “actual injury” caused by the BIPA violation.

Client Alert | January 29, 2019

Law360 Names Gibson Dunn Among Its Employment 2018 Practice Groups of the Year

Law360 named Gibson Dunn one of its five Employment Groups Of The Year [PDF] for 2018. The practice group “prides itself on working at the vanguard of workplace law and certainly did so last year, winning major gig economy rulings and conducting #MeToo-related probes for prominent companies.” The firm’s Employment practice was profiled on January 25, 2019.

Firm News | January 25, 2019

UK Employment Update – January 2019

Gibson Dunn looks back at key developments in UK employment law during 2018 and discusses significant anticipated developments in 2019.

Client Alert | January 24, 2019

2018 Trade Secrets Litigation Roundup

2018 marked an exciting year of trade secret developments and demonstrated the federal government’s increased involvement in protecting trade secrets, a trend expected to continue in 2019.

Client Alert | January 16, 2019

Gibson Dunn Named a 2018 Law Firm of the Year

Gibson, Dunn & Crutcher LLP is pleased to announce its selection by Law360 as a Law Firm of the Year for 2018, featuring the four firms that received the most Practice Group of the Year awards in its profile, “The Firms That Dominated in 2018.” [PDF] Of the four, Gibson Dunn “led the pack with 11 winning practice areas” for “successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.” The awards were published on January 13, 2019.

Firm News | January 13, 2019

2018 Year-End German Law Update

Looking back at the past year's cacophony of voices in a world trying to negotiate a new balance of powers, it appeared that Germany was disturbingly silent, on both the global and European stage.

Client Alert | January 11, 2019

Supreme Court Rejects “Wholly Groundless” Exception To Rule That Parties May Refer Arbitrability Disputes To Arbitration

In Henry Schein, Inc. v. Archer & White Sales, Inc., the Supreme Court held 9-0 that courts may not decline to enforce agreements delegating arbitrability issues to an arbitrator, even if the court concludes that the claim of arbitrability is “wholly groundless.”

Publications | January 8, 2019

Five Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2018 Top Lawyers

Washingtonian magazine named five DC partners to its 2018 Top Lawyers, featuring “[t]he area’s star legal talent” in their respective practice areas:

Firm News | November 29, 2018

California Court of Appeal Decision Creates Uncertainty Regarding the Continued Enforceability of Employee Non-Solicitation Provisions

In November 2018, in AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., a California Court of Appeal ruled that an employer could not enforce its employee non-solicit against former company recruiters, after finding that the clause would keep the recruiters from performing their jobs, in violation of the California Business and Professions Code.

Publications | November 26, 2018

Gibson Dunn Ranked in the 2019 UK Legal 500

The UK Legal 500 2019 ranked Gibson Dunn in 13 practice areas and named six partners as Leading Lawyers. The firm was recognized in the following categories:

Firm News | November 21, 2018

Surveying The State Of Workplace Harassment Investigations

Washington, D.C. partners Jason Schwartz and Greta Williams and associate Brittany Raia are the authors of "Surveying The State Of Workplace Harassment Investigations," [PDF] published in Law360 on November 6, 2018.

Article | November 6, 2018

Gibson Dunn Ranked in Chambers UK 2019

Gibson Dunn was recognized with two firm and 14 individual rankings in the 2019 edition of Chambers UK.

Firm News | November 2, 2018

U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings

U.S. News – Best Lawyers® awarded Gibson Dunn Tier 1 rankings in 132 practice area categories in its 2019 “Best Law Firms” [PDF] survey. Overall, the firm earned 169 rankings in nine metropolitan areas and nationally.

Firm News | November 1, 2018

What Employers Need to Know About California’s New #MeToo Laws

On September 30, 2018, Governor Edmund G. Brown signed several new workplace laws, and vetoed others, that arose out of the #MeToo movement. We briefly review the newly signed legislation and also highlight bills that Governor Brown rejected.

Client Alert | October 5, 2018

Update On Calif. Immigrant Worker Protection Act

Los Angeles partner Jesse Cripps and Washington, D.C. associate Ryan Stewart are the authors of "Update On Calif. Immigrant Worker Protection Act" [PDF] published in Law360 on September 17, 2018.

Article | September 17, 2018

Who’s Who Legal Recognizes Nine Gibson Dunn Partners

Nine Gibson Dunn partners were recognized by Who’s Who Legal in their respective fields. In Who’s Who Legal Corporate Tax 2018, three partners were recognized: Sandy Bhogal (London), Hatef Behnia (Los Angeles) and Eric Sloan (New York).

Firm News | August 1, 2018

Jesse Cripps and Michele Maryott Named Among California’s Top Labor & Employment Lawyers

The Daily Journal named Los Angeles partner Jesse Cripps and Orange County partner Michele Maryott to its 2018 list of Top Labor and Employment Lawyers, which features attorneys based in California.

Firm News | July 18, 2018

Update on California Immigrant Worker Protection Act (AB 450)

On July 5, 2018, Judge John A. Mendez of the Eastern District of California issued an important ruling involving California employers' legal obligations during federal immigration enforcement actions at the workplace.

Client Alert | July 6, 2018

India – Legal and Regulatory Update (June 2018)

The Indian Market The Indian economy continues to be an attractive investment destination and one of the fastest growing major economies. After a brief period of uncertainty, following the introduction of a uniform goods and services tax and the announcement that certain banknotes would cease to be legal tender, the growth rate of the economy has begun to rebound, increasing to 7.7 percent in the first quarter of 2018, up from 6.3 percent in the previous quarter.

Client Alert | June 28, 2018

French Supreme Court Holds That Ultimate Controlling Shareholder of a Liquidated French Subsidiary Should Compensate Employees for Job Loss

The French Supreme Court for civil law matters (Cour de cassation) made public on June 28, 2018 an important decision dated May 24, 2018. The Social Chamber (Chambre sociale) of the Cour de cassation decided that the ultimate controlling shareholder of a liquidated French subsidiary committed several faults justifying to condemn it to compensate the French employees for the loss of their jobs.

Client Alert | June 28, 2018

Supreme Court Holds That Public-Sector Union “Agency Fees” Violate The First Amendment

Decided June 27, 2018 Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466 Today, the Supreme Court held 5-4 that the First Amendment does not permit public-sector unions to collect mandatory fees from non-members to cover the costs of collective bargaining.

Client Alert | June 27, 2018

Gibson Dunn Partners Named Top Employment Lawyers

Six Gibson Dunn partners were recognized in the 2018 Guide to World-Class Employment Lawyers by Human Resource Executive (HRE) magazine and Lawdragon.

Firm News | June 21, 2018

FLSA Turns 80: The Divide Over Joint Employment Status

Washington, D.C. partner Jason Schwartz and associate Ryan Stewart are the authors of "FLSA Turns 80: The Divide Over Joint Employment Status," [PDF] published in Law360 on June 18, 2018.

Article | June 18, 2018

Gibson Dunn Named Winner in Three Categories for D.C. Litigation Department of the Year

National Law Journal’s 2018 D.C. Litigation Department of the Year contest recognized Gibson Dunn as co-winner in the General Litigation [PDF] and Labor & Employment [PDF] categories and the winner in the Products Liability/Mass Torts [PDF] category.

Firm News | May 29, 2018

Gibson Dunn Receives Chambers USA Excellence Award

At its annual USA Excellence Awards, Chambers and Partners named Gibson Dunn the winner in the Corporate Crime & Government Investigations category.

Firm News | May 25, 2018

Supreme Court Upholds Agreements To Individually Arbitrate Employment-Related Disputes

Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP v. Morris, No. 16-300; National Labor Relations Board v. Murphy Oil USA, No. 16-307 Decided May 21, 2018

Client Alert | May 21, 2018

The Latest Legislative Responses to #Metoo: New Requirements for Sexual Harassment Training, Arbitration and Settlement Agreements in New York and Evolving Legislation in Other States

Against a backdrop of increased national focus on sexual harassment in the workplace, New York recently enacted a law requiring employers to provide employees with annual sexual harassment training, prohibiting mandatory arbitration of sexual harassment claims, and restricting the use of confidentiality provisions in settlement agreements.

Client Alert | May 2, 2018

Federal District Court Enjoins Philadelphia Ordinance Prohibiting Employers from Asking Applicants About Their Wage History

On April 30, 2018, a federal judge in the Eastern District of Pennsylvania preliminarily enjoined enforcement of a Philadelphia Ordinance prohibiting employers from asking applicants about their wage history.

Client Alert | May 1, 2018

Fifth Circuit Vacates Labor Department’s “Fiduciary Rule” “In Toto” in Chamber of Commerce of U.S.A., et al. v. U.S. Dep’t of Labor

On March 15, 2018, in a 2-1 opinion, the U.S. Court of Appeals for the Fifth Circuit struck down the U.S. Department of Labor's controversial "Fiduciary Rule." The Rule would have expanded who is a "fiduciary" under ERISA and the Internal Revenue Code, imposing significant new obligations and liabilities on broker-dealers and insurance agents who sell annuities to IRAs.

Client Alert | March 18, 2018

Michele Maryott and Theane Evangelis Named Litigators of the Week

The Am Law Litigation Daily named partners Michele Maryott and Theane Evangelis as its Litigators of the Week [PDF] for their trial victory on behalf of Grubhub “in a bellwether case that could have a lasting impact on how gig-economy workers are classified.” 

Firm News | February 15, 2018

Das Urteil des BAG schafft erfreuliche Rechtsklarheit für Arbeitgeber

Munich partner Mark Zimmer is the author of “Das Urteil des BAG schafft erfreuliche Rechtsklarheit für Arbeitgeber” [PDF] published in issue 1-2/2018 dated 24 January 2018 of the German publication Compliance-Berater.

Article | January 24, 2018

2017 Trade Secrets Litigation Round-Up

2017 saw a number of interesting developments in trade secrets law, including the emergence of several trends under the Defend Trade Secrets Act, as courts grappled with the federal civil trade secrets statute enacted just over a year and a half ago.

Client Alert | January 19, 2018

UK Employment Update – January 2018

In this update we: focus on two areas of UK employment law which are currently having a major impact on employers: the Gender Pay Gap Reporting Regulations which come into force in 2018 and one of the most talked about issues last year: worker status and the gig economy

Client Alert | January 17, 2018

2017 Year-End German Law Update

"May you live in interesting times" goes the old Chinese proverb, which is not meant for a friend but for an enemy. Whoever expressed such wish, interesting times have certainly come to pass for the German economy.

Client Alert | January 7, 2018

Arbeitnehmer und interne Untersuchungen – ein Balanceakt

Frankfurt partner Finn Zeidler and associate Dorothee Herrmann are the authors of "Arbeitnehmer und interne Untersuchungen – ein Balanceakt" [PDF] published in the issue 23/2017 of the German publication NZA (Neue Zeitschrift für Arbeitsrecht).

Article | December 12, 2017

Wider die Macht unbewusster Denkmuster

​Munich partner Mark Zimmer has been interviewed [PDF] by the German legal magazine NJW aktuell. The interview focuses on unconscious bias training and related aspects under German labor law, and was published in October in issue 41/2017.

Article | October 5, 2017