On September 6, 2022, the National Labor Relations Board released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. The Proposed Rule would roll back changes to the joint-employer test established in a 2020 rule and re-ground the analysis in its historic common-law agency principles.
Financial Industry Executive Departure Disclosures
Amy F. Shulman, author, presented at ERR Midwinter Meeting, San Juan, PR, 2011
Litigating Cross-Border Discrimination Claims in Multiple Jurisdictions: A Global Strategy for Expatriate Employees
Amy F. Shulman, co-author, presented at ABA International Committee Midyear Meeting, 2011
Sample Executive Employment Agreement Clauses: Terminations for Cause, Terminations Due to Disability, and Resignations for Good Reason
Amy F. Shulman, author, presented at ABA Employment Rights and Responsibilities Committee’s (“ERR”) Midwinter Meeting, San Juan, PR, 2011
Arbitrability Of Sarbanes-Oxley Whistleblower Claims
This article explores the arguments presented by member firms and registered employees, and outlines what arbitration panels have decided. Laurence S. Moy. Pearl Zachlewski, Linda Neilan, and Katherine Blostein. The Neutral Corner, Newsletter of FINRA Neutrals, Volume 1, 2008.
Since the passage of the Sarbanes-Oxley Act of 2002 (SOX), arbitrators handling employment claims may be faced with a throny question concerning SOX whistleblower claims: Should a SOX claim be litigated in court or arbitrated? Ultimately, the question comes to whether SOX whistleblower claims constitute "employment discrimination" claims, and are thus exempt from arbitration under Rule 13201 of the Code of Arbitration Procedure for Industry Disputes (Code). This article explores the arguments presented by member firms and registered employees and outlines what arbitration panels have decided.