Labor & Employment

New York Law Journal

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Waivers of Whistleblower Claims After Dodd-Frank

David E. Schwartz and Madeline Stavis of Skadden, Arps, Slate, Meagher & Flom write: The Dodd-Frank Wall Street Reform and Consumer Protection Act brought many changes to the whistleblower legal landscape. However, there seems to be some lingering confusion about the enforceability of a release of an employee's Sarbanes-Oxley or Dodd-Frank whistleblower claim.

Recent Decisions Clarify Scope of Third-Party Retaliation Doctrine

Jack Kiley and Shira Forman of Sheppard Mullin Richter & Hampton write: As the case law regarding third-party retaliation continues to develop, it remains to be seen how far courts will stretch the zone of interests outlined by the Supreme Court in 'Thompson'. One thing is already clear: The need for fact-based decision-making regarding the interrelatedness of the parties means that a genuine issue of material fact will almost always exist in third-party retaliation cases, making summary judgment in these cases particularly elusive.

Employers' Changing Obligations in the Post-DOMA World

Katharine Parker, Roberta Chevlowe and Laura M. Fant of Proskauer Rose write: In the wake of the U.S. Supreme Court's landmark June 26, 2013 decision in 'United States v. Windsor' striking down §3 of the Defense of Marriage Act, many questions have arisen for employers, human resources professionals, attorneys and others regarding the impact of the decision on the administration of numerous workplace policies and benefits.

Workplace Violence: Employee Rights, Employer Recourse

Stephen P. Sonnenberg and Kelsey Van Wart of Paul Hastings write that an employer's quest to avoid workplace violence hardly seems controversial. Yet a variety of laws, administrative guidance and case law shape and constrain an employer’s options.

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