Labor and Employment

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Gibson Dunn Earns 106 Top-Tier Rankings in Chambers USA 2023

In its 2023 edition, Chambers USA awarded Gibson Dunn 106 first-tier rankings, of which 36 were firm practice group rankings and 70 were individual lawyer rankings.

Firm News | June 1, 2023

Supreme Court Holds That The National Labor Relations Act Does Not Preempt Tort Claims Against Union For Destruction Of Property

The Supreme Court has held that the National Labor Relations Act does not preempt state-law tort claims against a union based on the intentional destruction of property as the result of a labor strike.

Client Alert | June 1, 2023

An Employer’s Overview of AI Legislation in 5 Jurisdictions

Writing for Law360, Jason Schwartz, Naima Farrell and Emily Lamm discuss rapidly-changing artificial intelligence laws in five jurisdictions.

Client Alert | May 31, 2023

Die Rolle des Betriebsrats beim Hinweisgeberschutzgesetz

Munich partner Mark Zimmer is co-author of “Die Rolle des Betriebsrats beim Hinweisgeberschutzgesetz,” [PDF] published in the issue 22/2023 of the German publication Betriebs-Berater, together with Simon Millfahrt.

Article | May 30, 2023

Keeping Up with the EEOC: AI Focus Heats Up with Title VII Guidance

Gibson Dunn lawyers discuss the U.S. Equal Employment Opportunity Commission’s guidance on ensuring that automated employment decision-making systems and Artificial Intelligence tools do not cause bias or discrimination against certain applicants or current employees.

Client Alert | May 23, 2023

California Supreme Court Holds That Whistleblower Statute Protects Employees Who Disclose Illegal Conduct Already Known To The Recipient

The California Supreme Court held that Labor Code section 1102.5(b), which protects an employee from retaliation for disclosing unlawful activity to an employer or government agency, encompasses reports of information already known to the recipient.

Client Alert | May 22, 2023

German Whistleblower Protection Act Brings New Obligations for Companies

Gibson Dunn lawyers comment on a new German law protecting those who report violations around the workplace.

Client Alert | May 17, 2023

Child and Forced Labor Risks Global Task Force

Gibson Dunn has established a Child and Forced Labor Risks Global Task Force to help our clients prevent illegal child and forced labor, evaluate their supply chains, and respond to investigations and litigation.

Client Alert | May 17, 2023

Gibson Dunn Named Among Top Commercial Law Firms in Germany 2023

The German magazine brand eins recognized Gibson Dunn’s Frankfurt and Munich offices in its special issue brand eins/thema among the best commercial law firms in Germany.

Firm News | May 12, 2023

10 Ways NYC AI Discrimination Rules May Affect Employers

Our lawyers discuss a New York City law that restricts employers and employment agencies from using an automated employment decision tool in hiring and promotion decisions unless it has been the subject of a bias audit.

Client Alert | April 20, 2023

What Employers Should Know About Proposed Calif. AI Regs

California is positioning itself as a key regulator of AI in employment, and with proposals focused on governing automated decision-making tools, our lawyers share five key points for employers.

Client Alert | April 13, 2023

Jason Schwartz Co-Authors New Edition of “Whistleblower Law: A Practitioner’s Guide”

Washington, D.C. partner Jason Schwartz is the co-author of Whistleblower Law: A Practitioner's Guide, Release 12.

Article | April 6, 2023

NLRB Doubles Down on Restrictions on Confidentiality and Non-Disparagement Provisions in Severance Agreements, with Board and GC Weighing In

Employers should consider reviewing severance agreements, following a recent National Labor Relations Board decision on terms restricting the employee’s exercise of their National Labor Relations Act rights. Our Labor and Employment lawyers discuss implications.

Client Alert | March 24, 2023

Keeping Up with the EEOC: 5 Takeaways from its Algorithm Rewriting Settlement

Gibson Dunn lawyers share updates for employers on issues surrounding automated programming in job search websites.

Client Alert | March 23, 2023

Annual ERISA Litigation Outlook and 2022 Review

Our lawyers discuss the year in Employee Retirement Income Security Act litigation, as a way to help plan sponsors and administrators navigate the ever-evolving ERISA landscape.

Client Alert | March 21, 2023

10 Evolving AI Compliance Considerations for Employers

Writing for Law360, Cassandra Gaedt-Sheckter and Emily Lamm discuss 10 AI and privacy considerations for employers who are currently or are contemplating using automated tools in the employment lifecycle.

Client Alert | March 2, 2023

In Fair Labor Standards Act Case, Supreme Court Holds That Employees Paid A Daily Rate Are Not Compensated On A “Salary Basis”

The U.S. Supreme Court ruled that a highly compensated executive employee who is paid at a daily rate is not paid on a “salary basis” and thus is not exempt from the Fair Labor Standards Act.

Client Alert | February 22, 2023

Three Gibson Dunn Cases Named Top Verdicts of 2022

The Daily Journal recognized three Gibson Dunn wins in its annual feature on the Top Verdicts in California for 2022.

Firm News | February 17, 2023

Ninth Circuit Holds That the Federal Arbitration Act Preempts California’s Attempt to Criminalize Employment Arbitration Agreements

Gibson Dunn lawyers discuss a ruling that allows California employers to continue to require that employees sign arbitration agreements in connection with their employment without the risk of potential criminal liability.

Client Alert | February 17, 2023

Delaware Court of Chancery Holds That Corporate Officers Owe a Duty of Oversight

On January 26, 2023, the Delaware Court of Chancery held, for the first time, that corporate officers owe a duty of oversight.  Authored by Vice Chancellor J. Travis Laster, the decision denies a motion to dismiss under Rule 12(b)(6) of the Court of Chancery Rules but leaves open the possibility that the case will be dismissed under Rule 23.1 for failure to plead demand futility.

Client Alert | February 3, 2023

Complying with the Pregnant Workers Fairness Act: Considerations for Employers

Our lawyers provide an overview of the Pregnant Workers Fairness Act and outline what it means for employers.

Client Alert | January 20, 2023

Law360 Names Gibson Dunn Among Its 2022 Employment Practice Groups of the Year

Law360 named Gibson Dunn one of its six Employment Groups of the Year for 2022.

Firm News | January 19, 2023

Refresh of California Labor & Employment Laws Effective in 2023

Gibson Dunn lawyers provide an overview of new laws that will impact California employers in 2023.

Client Alert | January 17, 2023

New York State Enacts Pay Transparency Law

Our lawyers review a New York state law that will require employers to list salary ranges in job postings and advertisements.

Client Alert | January 17, 2023

Keeping Up with the EEOC: 10 Key Takeaways from its Just-Released Draft Strategic Enforcement Plan

Our lawyers review major takeaways from the U.S. Equal Employment Opportunity Commission's recently released draft strategic enforcement plan for 2023 through 2027.

Client Alert | January 13, 2023

Webcasts: Gibson Dunn’s Annual California MCLE Marathon – 2023

Watch a selection of webcasts from Gibson Dunn's MCLE Blitz 2023.

Webcasts | January 12, 2023

Evolving Human Capital Disclosures

Gibson Dunn lawyers provide results and analysis of a survey of S&P 100 companies regarding their human capital resource disclosures over the past two years.

Client Alert | January 9, 2023

FTC Proposes Rule to Ban Non-Compete Clauses

Our lawyers review a proposal by the Federal Trade Commission that would ban employers from entering into non-compete clauses with workers.

Client Alert | January 5, 2023

Seven Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2022 Top Lawyers

Washingtonian magazine named seven Washington, D.C. partners to its 2022 Top Lawyers, which features “Washington’s top legal talent,” in their respective practice areas.

Firm News | January 3, 2023

Brad Hamburger and Katherine Smith Named Among Leading Professionals in Los Angeles

The Los Angeles Business Journal named Los Angeles partners Bradley Hamburger and Katherine Smith to its “Thriving In Their 40’s: LA’s Leaders of Influence” list.

Firm News | December 19, 2022

New York Amends Labor Law to Prohibit Retaliation for Lawful Absences

Gibson Dunn lawyers discuss a change in New York state labor law prohibiting retaliation against employees taking a lawful absence from work.

Client Alert | December 13, 2022

Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Clauses in Sexual Harassment Cases

Gibson Dunn lawyers discuss the "Speak Out Act", which prohibits the enforcement of pre-dispute non-disclosure and non-disparagement clauses in disputes relating to claims of sexual assault or sexual harassment.

Client Alert | December 9, 2022

DOJ Antitrust Secures First Conviction for No-Poach and Wage-Fixing Conduct

Our lawyers discuss the first successful criminal prosecution for a labor market antitrust violation in the U.S.

Client Alert | October 31, 2022

Theane Evangelis and Katherine Smith Named Among Los Angeles’ 2022 Leaders of Influence in Labor & Employment

The Los Angeles Business Journal named Los Angeles partners Theane Evangelis and Katherine Smith among its 2022 Leaders of Influence: Labor & Employment Attorneys, a list of “the very best litigators and trial attorneys in the region” who “go to the proverbial mat to fight for their clients.”

Firm News | October 25, 2022

Gibson Dunn Named Labor & Employment Winner for 2022 D.C. Litigation Department of the Year

In its 2022 D.C. Litigation Department of the Year contest, The National Law Journal named Gibson Dunn as the winner in the Labor & Employment category.

Firm News | October 21, 2022

Gibson Dunn Ranked in Chambers UK 2023

Gibson Dunn was recognized with seven firm and 20 individual rankings in the 2023 edition of Chambers UK.

Firm News | October 20, 2022

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

The FTC Heads for Legal Trouble

Washington, D.C. partners Svetlana Gans and Eugene Scalia are the authors of “The FTC Heads for Legal Trouble,” published by The Wall Street Journal on August 8, 2022.

Article | August 8, 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