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Managing the Modern Workplace
V&E International Labor & Employment Resources

SOX Liability From A Whistleblower Outside the United States? Maybe

It is natural (and logical) to assume that United States laws do not apply to an individual’s actions in another country. Although this is not always the case — federal discrimination laws, for example, cover U.S. citizens employed by U.S. employers in a foreign country — one would usually expect that conduct is governed by the law of the country where the alleged violation occurred. A recent Department of Labor Administrative Review Board (“ARB”) decision, however, held that Sarbanes-Oxley’s (“SOX”) whistleblower protections may also apply to employees stationed outside the United States.

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HR Checklist for the New Year

As labor lawyers, we tend to think of our professional years as starting and ending on Labor Day. In order to celebrate the new Labor year, I intended to send this post early last week, but a storm called Harvey got in the way. So in belated celebration of the new Labor year, I now provide to you a checklist for the coming year as our New Year gift.

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Whistling (In the Public Interest) While You Work

Whistleblowing claims have a funny way of sneaking up on employers. When an employee makes a complaint or raises a grievance, the legal risk is sometimes obvious at the start. But it can often catch an employer by surprise late in the process. Understanding (at least at a high level) the legal standards for whistleblowing claims in the different jurisdictions in which your company operates is critical to managing this risk.

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  • 19
  • January
  • 2017

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The One Policy I Must Have

A small client recently told me that they did not like to have a lot of written policies because they believe that every policy is one more opportunity for disputes to arise. When I started to argue the contrary, the client asked me: “what is the one policy I must have?” My immediate answer was that if I had to pick one, it would be a complaint and anti-retaliation policy. Here’s why.

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Human Resources New Year’s Resolutions for the Donald, Ivanka, Andrew, and Carl Era

If you’re an HR manager, director, or vice president, you’ve probably not only got a pretty long holiday wish list, but also a fairly sizable list of New Year’s resolutions. It probably includes some of those pesky tasks that build up over the year—reorganizing and digitizing personnel files, compiling information for performance reviews, reviewing and updating software for third-party payroll platforms, and the like. Your to-do list probably also includes some new things, like preparing IRS filings under the Affordable Care Act for plan-year 2016 (due in March 2017).

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Jacob D. Ecker

Jacob D. Ecker Associate

Robert Sheppard

Robert Sheppard Associate