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Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee’s Whistleblower Claim Over Excessive Corporate Spending
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • February 8 2016

On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts


Managers Beware: Individual Liability Confirmed Under USERRA
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • February 5 2016

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. 4301-4335, prohibits discrimination against employees


EEOC Ratchets Up Focus On Retaliation: EEOC Publishes First New Enforcement Guidance on Retaliation In Nearly Two Decades
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • February 2 2016

The EEOC seeks public comment on its new Enforcement Guidance on Retaliation and Related Issues, which will supersede the agency’s last-issued


Taking a Page from DOL’s Playbook, EEOC Seeks to Add Pay Data to EEO-1 Reports
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • February 2 2016

In August 2014, the Department of Labor’s Office of Federal Contractor Programs (“OFCCP”) proposed that federal contractors report compensation


Supreme Court Issues CFAA decision in Michael Musacchio v. United States
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • January 28 2016

On Monday, January 25th, the Supreme Court issued the most recent Computer Fraud and Abuse Act decision in Michael Musacchio v. United States. After


What Can Brown Do For PAGA? Budget Proposal Seeks Greater Oversight of PAGA Claims
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • January 26 2016

California Governor Jerry Brown’s administration recently submitted a budget proposal to the California Legislature that would increase State


DOL Continues to Push Its Agenda with New Guidance on Joint Employment
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • January 21 2016

Solicitor of Labor Patricia Smith likes to quip that the Department is “working overtime on overtime.” DOL took a break from the much-anticipated


Not So Final WARNing: Sixth Circuit Finds That Employment Ends with Termination of Wages, Not Notice
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • January 20 2016

In Morton v. Vanderbilt Univ., 2016 WL 52439 (6th Cir. Jan. 5, 2016), the Sixth Circuit recently held that, for purposes of the Worker Adjustment and


The Duty of Loyalty Awakens
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • January 19 2016

If you’re a Star Wars fan, loyalty probably means waiting ten years for “The Force Awakens.” (Or even longer if you prefer not to count Episodes


New York City Commission on Human Rights Will “Vigorously Enforce” New Legislation to Protect Caregivers From Employment Discrimination in New York City
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • January 13 2016

On January 5, 2016, New York City Mayor Bill de Blasio signed a bill that added “caregiver” to the list of protected classifications under the New