Labor and Employment

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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

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

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

Expert Guides Rising Stars 2022 Recognizes Eleven 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New York City Issues Guidance on Upcoming COVID-19 Vaccine Mandate for Private Employers

On December 15, 2021, New York City issued much-anticipated guidance on its COVID-19 vaccine mandate for private sector employers, which goes into effect on December 27, 2021.  Gibson Dunn lawyers provide need-to-know information about the mandate for affected employers.

Client Alert | December 16, 2021

Gibson Dunn Named Labor & Employment Litigation Department of the Year and a Finalist for Litigation Department of the Year; and Josh Krevitt Named Litigator of the Year

At its annual awards, The American Lawyer named Gibson Dunn the Labor & Employment Litigation Department of the Year, noting, “with novel labor and employment issues swirling, Gibson Dunn’s litigators set standards and settle the law,” and that a case “typical for Gibson Dunn’s labor and employment team” is “high-profile,” “cutting-edge,” and “a victory.”

Firm News | December 6, 2021

Theane Evangelis Named a Los Angeles Leader in Law in Labor & Employment

The Los Angeles Business Journal named Los Angeles partner Theane Evangelis the winner in the Labor & Employment category at its Leaders in Law Awards, which recognizes attorneys “for their exceptional legal skills and achievements across the full spectrum of responsibility, exemplary leadership, and contributions to the Los Angeles community at large.”

Firm News | November 19, 2021

Fourteen Gibson Dunn Partners Named Top Employment Lawyers

Lawdragon 500 Leading U.S. Corporate Employment Lawyers for 2021, recognized fourteen Gibson Dunn partners featuring “the nation’s top advisors on workforce issues” who “specialize in defending corporations in everything from wage and overtime claims to trade secret disputes, while helping companies maintain global workforces throughout a pandemic.”

Firm News | November 15, 2021

Labor and Employment Lawyer Danielle J. Moss Joins Gibson Dunn’s New York Office

Gibson, Dunn & Crutcher LLP is pleased to announce that Danielle J. Moss has joined the firm as a partner in the New York office.

Press Releases | November 15, 2021

OSHA Issues Vaccination and Testing Emergency Temporary Standard for Larger Employers

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its long-awaited emergency temporary standard (“ETS”) requiring most American workers to be vaccinated or undergo weekly COVID-19 testing.

Client Alert | November 5, 2021

Gibson Dunn Promotes 27 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 27 new partners, effective January 1, 2022. 

Press Releases | November 4, 2021

New York Expands Whistleblower Law

On October 28, 2021, New York Governor Kathy Hochul signed a new law dramatically expanding protections for whistleblowers in New York. Gibson Dunn lawyers examine the changes to existing whistleblower protections under New York Labor Law Section 740.

Client Alert | November 3, 2021

EU Competition Commissioner Signals Tougher Enforcement of No-Poach and Other Labor Market Agreements

On 22 October, 2021, Executive Vice President Margrethe Vestager delivered a speech in which she stated for the first time that the European Commission is going to expand its cartel enforcement to labor markets, including no-poach and wage-setting agreements.

Client Alert | October 26, 2021

EEOC Expands Guidance on Religious Exemptions to Vaccine Mandates Under Title VII

On October 25, 2021, the Equal Employment Opportunity Commission expanded its guidance on religious exemptions to employer vaccine mandates under Title VII of the Civil Rights Act of 1964. The EEOC emphasizes that whether an employee is entitled to a religious accommodation is an individualized determination to be made in light of the “particular facts of each situation.”

Client Alert | October 26, 2021

Gibson Dunn Named Labor & Employment Winner for 2021 D.C. Litigation Department of the Year

In its 2021 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, 2021

Molly Senger Named a 2021 D.C. Rising Star

The National Law Journal named Washington, D.C. partner Molly Senger among its 2021 D.C. Rising Stars, featuring 40 attorneys who have “proven their mettle where it counts, representing high-profile clients and securing high-dollar victories.” The winners were recognized at an awards event on October 20, 2021.

Firm News | October 21, 2021

Webcast: COVID-19 Vaccines: Employer Strategies and Considerations in the Era of Government Mandates

In this webcast, Jessica Brown and Lauren Elliot provide the latest information and note trends relating to workplace vaccination policies as of October 2021.

Webcasts | October 20, 2021

Benchmark Litigation US 2022 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2022 edition and named 79 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 13, 2021

Seventeen Gibson Dunn Partners Recognized in Expert Guides’ Women in Business Law

Expert Guides has named 17 Gibson Dunn partners to its 2021 Guide to the World’s Leading Women in Business Law, which recognizes top female legal practitioners advising on business law.

Firm News | October 7, 2021

Gibson Dunn Adds Labor & Employment Partner Harris Mufson in New York

Gibson, Dunn & Crutcher LLP is pleased to announce that Harris M. Mufson has joined the firm’s New York office. Mufson joins from Proskauer Rose LLP and will continue his practice advising clients on complex employment matters and serve as Co-Chair of Gibson Dunn’s Whistleblower Team.

Press Releases | October 1, 2021

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

Benchmark Litigation named Washington, D.C. partners Joshua Lipshutz and Jason Schwartz to its inaugural 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 27, 2021

White House Task Force Announces New COVID Safety Protocols for Federal Contractors

On September 24, 2021, the White House’s “Safer Federal Workforce Task Force” issued new guidance regarding vaccination requirements and other COVID-safety measures for federal contractor employees.

Client Alert | September 26, 2021

California Court of Appeal Confirms That Trial Courts Have the Authority to Strike PAGA Claims That Are Unmanageable

The California Court of Appeal last week issued the first published California appellate decision to expressly confirm that trial courts have the authority to strike an unmanageable Private Attorneys General Act claim.

Client Alert | September 15, 2021

President Biden Announces COVID-19 Vaccine Mandates, with Legal Challenges Likely to Follow

On September 9, 2021, President Biden announced several initiatives regarding COVID-19 vaccine requirements for U.S. employers. This alert provides a brief overview of the content and timing of the principal initiatives, and previews certain objections likely to be raised in legal challenges that some governors and others have said they will file.

Client Alert | September 10, 2021

California Supreme Court Reinforces Strong Presumption Against Liability for Companies Hiring Independent Contractors Based on Injuries to Contract Workers

On September 9, the Supreme Court of California issued its ruling in Sandoval v. Qualcomm Inc.  The decision is the latest in a line of cases reinforcing the strong presumption under California law that a person who hires an independent contractor delegates to the contractor all responsibility for the safety of contract workers.

Client Alert | September 10, 2021

Colorado’s Department of Labor and Employment Takes Hard Line on Remote Jobs that Exclude Colorado Applicants to Escape Challenging Aspects of the Equal Pay for Equal Work Act’s Posting Requirements

The Colorado Department of Labor and Employment has released new guidance on the Equal Pay for Equal Work Act, taking a much harder line on Colorado employers whose remote job postings exclude Colorado applicants.

Client Alert | August 3, 2021

Department of Labor Initiates Rulemaking to Raise the Minimum Wage to $15 per Hour for Federal Contractors

Last week the Department of Labor published a notice of proposed rulemaking to increase the minimum wage for federal contractors to $15.00 per hour, starting on January 30, 2022. 

Client Alert | July 29, 2021

California Supreme Court Announces New Formula for Calculating Premium Payments for Failures to Provide Meal Periods or Rest Breaks

On July 15, 2021, the California Supreme Court in Ferra v. Loews Hollywood Hotel, LLC adopted a new formula for calculating the one extra hour of premium pay that employees are owed if an employer fails to provide a compliant meal period or rest break.

Client Alert | July 16, 2021

President Signs Executive Order Directing Agencies to Address Wide Range of Businesses’ Competitive Practices, Including Non-Compete Agreements

On July 9, 2021, President Biden issued a sweeping Executive Order directing federal regulatory agencies to take a variety of steps that, if completed and upheld by the courts, would effect a sea change in the government’s regulation of businesses’ competitive practices.

Client Alert | July 9, 2021

European Employment Law Update – Return to Work – July 2021

In this update, Gibson Dunn's lawyers look at the key employment law considerations our clients face across the UK, France and Germany connected to a return to the workplace in the near future, including: (i) ensuring a “Covid-secure” workplace’ and whether to continue to offer flexible working arrangements in the future; (ii) whether to implement an employee Covid-19 vaccination policy (and if so, whether it should be compulsory or voluntary); and (iii) vaccination certification logistics and the facilitation of Covid-19 testing for employees.

Client Alert | July 8, 2021

Jesse Cripps Named Among California Top Employment Lawyers for 2021

The Daily Journal named Los Angeles partner Jesse Cripps to its 2021 list of Top Labor & Employment Lawyers in California. The list was published on June 30, 2021.

Firm News | June 30, 2021

Third Circuit Court of Appeals Addresses Federal Trade Secret Standards

On June 8, 2021, in Oakwood Laboratories LLC v. Thanoo, the Third Circuit “endeavored to clarify the requirements for pleading a trade secret misappropriation claim under the Defend Trade Secrets Act” (DTSA).

Client Alert | June 24, 2021

Employer-Mandated Vaccination Challenge Dismissed

On June 14, 2021, a federal judge in Texas dismissed the lawsuit filed by employees and former employees against Houston Methodist Hospital challenging its policy requiring all employees to be vaccinated against COVID-19. The holding may provide some degree of reassurance to employers that have decided to require employees to be vaccinated against COVID-19.

Client Alert | June 17, 2021

Law360 Names Lauren Blas and David Fotouhi as 2021 Rising Stars

Los Angeles partner Lauren Blas and Washington, D.C. partner David Fotouhi were named among Law360’s Rising Stars for 2021 in their respective practice areas of Employment and Environmental law.

Firm News | June 3, 2021

Best Lawyers in the United Kingdom 2022 Recognizes 10 Gibson Dunn Attorneys

Best Lawyers in the United Kingdom 2022 has recognized 10 Gibson Dunn attorneys as leading lawyers in their respective practice areas: Cyrus Benson – International Arbitration; Gregory Campbell – Private Equity Law; James Cox – Employment Law; Patrick Doris – International Arbitration; Penny Madden – International Arbitration; Mitri Najjar – Corporate Law; Philip Rocher – Litigation; Alan Samson – Financial Services, Real Estate Finance, and Real Estate Law; Jeffrey Sullivan – International Arbitration; and Steve Thierbach – Capital Markets Law.

Firm News | June 3, 2021

EEOC Updates Technical Assistance on COVID-19 Vaccinations

On Friday, May 28, 2021, the EEOC updated its technical assistance on vaccinations. Among other items, the Guidance states that employers may mandate vaccines under federal EEO laws, explains how to resolve requests for accommodations from employees who cannot be vaccinated for a protected reason under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act, and clarifies that employers may request documentation of vaccination.

Client Alert | June 1, 2021

Colorado’s Equal Pay for Equal Work Act Transparency Rules Survive Motion for Preliminary Injunction Challenging Their Constitutionality

Colorado’s Equal Pay for Equal Work Act, as well as the accompanying Rules and guidance, took effect on January 1, 2021. On May 27, 2021, after previously ordering supplemental briefs on the posting requirements’ burdens on interstate commerce, Judge William J. Martinez denied a request for a preliminary injunction to suspend enforcement of the posting provisions at issue. 

Client Alert | June 1, 2021

New York State Legalizes Recreational Marijuana, Places Limits on Employers’ Ability to Take Drug Use Into Account When Making Employment Decisions

On March 31st, 2021, New York became the 16th state to legalize marijuana for recreational use with the enactment of Senate Bill S854A.  Under the new law, it is legal for individuals 21 and older to possess and purchase up to three ounces of marijuana.

Client Alert | April 7, 2021

Gibson Dunn Wins Six Awards at 2021 Benchmark Litigation US Awards Ceremony

Benchmark Litigation recognized Gibson Dunn at its 2021 Benchmark US awards ceremony with six awards. Gibson Dunn was named East Coast Appellate Firm of the Year, California Antitrust Firm of the Year and California Labor & Employment Firm of the Year.

Firm News | April 5, 2021

An Employer Playbook for the COVID “Vaccine Wars”: Strategies and Considerations for Workplace Vaccination Policies

Denver partner Jessica Brown and New York partner Lauren Elliot are the authors of "An Employer Playbook for the COVID 'Vaccine Wars': Strategies and Considerations for Workplace Vaccination Policies," [PDF] published by The Practical Lawyer in February 2021.

Publications | March 9, 2021

California Supreme Court Issues Important Decision Regarding an Employer’s Obligation to Provide and Record Meal Periods

The California Supreme Court’s February 25, 2021 opinion in Donohue v. AMN Services, LLC is the most significant decision construing an employer’s duty to provide and record meal periods in nearly a decade. California employers may wish to assess their meal period policies and practices, including relating to the recordation of meal periods, in light of the Court’s guidance in Donohue.  

Client Alert | March 1, 2021

Scope of Employer Liability for Discriminatory Conduct Under New York City Law Narrowed by Court of Appeals

Plaintiffs alleging claims of employment discrimination often prefer to file suit in New York City if they can plead a violation of the New York City Human Rights Law, which was enacted with the “desire that [it] meld the broadest vision of social justice with the strongest law enforcement deterrent.” Its application was nevertheless recently narrowed by the New York Court of Appeals in Doe v. Bloomberg L.P. 

Client Alert | March 1, 2021

Big data, ethics and financial services: risks, controls and opportunities

London partners Susy Bullock, Matthew Nunan, Michelle Kirschner and James Cox are the authors of "Big data, ethics and financial services: risks, controls and opportunities," published by the Buttersworth Journal of International Banking and Financial Law in February 2021.

Article | February 26, 2021

Webcast: COVID-19 Vaccines: Employer Strategies and Considerations

In this February 2020 webcast, a panel of Gibson Dunn lawyers presents the latest information and trends relating to workplace vaccination policies and programs.

Webcasts | February 10, 2021

2020 Year-End ERISA Disputes Update

With the emergence of COVID-19, 2020 was a year of significant and unprecedented change in daily life and the economy. In particular, 2020 was a busy year for Employee Retirement Income Security Act (“ERISA”) lawsuits—across industries—implicating employers’ retirement and healthcare plans.

Client Alert | February 11, 2021

Brian Ascher and Molly Senger Named Among LMG’s 2020 Rising Stars Americas

Euromoney Legal Media Group named New York partner Brian Ascher and Washington D.C. partner Molly Senger among its 2020 Rising Stars Americas in their respective practice areas.

Firm News | February 2, 2021

Five Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2020 Top Lawyers

Washingtonian magazine named five Washington, D.C. partners to its 2020 Top Lawyers, which features “Washington’s top legal talent,” in their respective practice areas:

Firm News | January 21, 2021

UK Employment Update – January 2021

In this update, we look back at the key developments in UK employment law over the course of 2020 and look forward to anticipated developments in 2021.

Client Alert | January 20, 2021

2020 Year-End German Law Update

At Gibson Dunn, we are proud and honored to be at your side to help solve your most complex legal questions and to continue our partnership with you in the coming year in Germany, in Europe and the world. We trust you will find this German Law Year-End Update insightful and instructive for the best possible start in 2021.

Client Alert | January 14, 2021

2020 Year-End California Labor and Employment Update

This past year saw the enactment of a variety of new employment laws in California, including new disclosure requirements for employers and changes to the independent contractor landscape. In addition, the COVID-19 pandemic has touched nearly every sector of society, in nearly every corner of the world, and employment law in California is certainly no exception. The pandemic has ushered in a new legal landscape marked by heightened requirements for employers stretching from 2020 into 2023.

Client Alert | January 12, 2021