GLOBAL EMPLOYMENT LAW DEVELOPMENTS
AMERICAS
US: Whistleblowing developments
A recent decision by the Fifth Circuit Court of Appeals has
confirmed that the anti-retaliation provisions of the Dodd-Frank
Wall Street Reform and Consumer Protection Act only confer
protections to whistleblowers who report conduct to the Securities
and Exchange Commission. In another case, the Southern District of
New York also concluded recently that Dodd-Frank?s anti-retaliation
protections do not apply to conduct outside of the United States.
Further details are in our US alert.
US: Misclassification Issues Increasingly the
Focus of Federal and State Enforcement Initiatives
In the U.S., the issue of misclassification of workers ?
i.e., whether a person is an independent contractor or
employee or whether an employee is exempt from overtime
requirements ? is the focus of substantially increasing enforcement
activity and litigation. The United States Department of Labor
(DoL) has