In this article, we share a round-up of the key developments from a regulatory perspective for HR Professionals in UK financial services firms. This covers expected changes to the SMCR regime, regulatory remuneration requirements and whistleblowing framework. We also look at the increasing focus of the regulator on culture and conduct within financial services firms in the wake of recent sexual harassment allegations within a UK asset manager. 

SMCR

A recent District of Columbia federal court ruling reminds employers that a severance agreement containing a release of claims under the False Claims Act does not guarantee dismissal of a suit on those grounds.

Background on the FCA

Protection of whistleblowers has been on the EU’s agenda for quite some time. Four years ago the EU issued the EU Whistleblowing Directive throughout its Member States.

The SEC recently issued imposed significant and costly sanctions against companies that require employees to sign non-disclosure agreements containing certain language either limiting employees from disclosing company confidential information without company approval, or representing that they have not filed complaints with government entities.

By Philip M. Berkowitz | November 08, 2023 at 10:00 AM

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors by way of Executive Order 11246, announced that it was reversing

On August 31, 2021, the Office of Management and Budget (OMB) approved the Affirmative Action Program Verification Interface (AAVI) proposed by the Office of Federal Contract Compliance Programs (OFCCP) for the verification and upload of federal contractor affirmative action plans.

Meredith Shoop talks about the Affirmative Action Program Verification Interface where covered federal contractors can upload their affirmative action plans for review.

Government Executive

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On May 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2022 Corporate Scheduling Announcement List (CSAL) for supply and service contractors. OFCCP has stated that it will immediately begin to send out scheduling letters to some of the contractors on the new list.  This is a change from the past when OFCCP would wait at least 45 days from publication of the list before beginning audits.  See U.S.

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised version of its Directive 2022-01 - Advancing Pay Equity Through Compensation Analysis, which was originally issued on March 15, 2022.

Alecia Winfield explains what diversity means in corporate America and says the ‘Black Lives Matter’ protests fueled a drive for change in corporate America, similar to that of the #MeToo movement. 

Apparel Resources

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On April 25, 2023, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form prospective and current employees must use to voluntarily self-identify as an individual with a disability.  The form is applicable to federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act, which requires contractors to invite applicants to self-identify as disabled at the pre-offer stage, and to invi

Littler Women's Leadership Initiative co-chair Margaret Parnell Hogan, interviews fellow Littler attorney Dionysia L. Johnson-Massie, about how respecting women in the workplace helps recruit and retain crucial talent, among other IE&D efforts.
  

Alexander MacDonald talks about how the Supreme Court’s decision to overturn Chevron will likely impact rulemaking across the federal government.

Law360

Alexander T. MacDonald and Michael J. Lotito review four decisions in the U.S. Supreme Court's recently completed term and discuss how the rulings may affect employment law.

Westlaw Today

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The Connecticut Supreme Court recently adopted the U.S. Supreme Court's relatively narrow definition of “supervisor” for use in determining when employers are liable under the Connecticut Fair Employment Practices Act (CFEPA) for creating or failing to remedy a hostile work environment. The decision provides employers with clarity as the term is not defined by the CFEPA.

In July, the Third Circuit upheld a District of New Jersey decision to throw out a withdrawal liability assessment, finding the multiemployer pension fund was barred from pursuing its claim because the fund unreasonably delayed notification of a withdrawal liability assessment for 12 years.

Withdrawal Liability Assessments Under ERISA

Shawn Matthew Clark discusses the basics of noncompetes and what employers need to consider regarding noncompetes, as well as why the FTC wants to ban them and how recent SCOTUS decisions may affect the FTC’s rule.

New York County Lawyers Association

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Sarah Bryan Fask says she is watching proceedings in a wholesale bakery's appeal in a dispute over a $6.3 million withdrawal liability bill because the decision will be "incredibly significant."

Law360

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Sarah Bryan Fask says the dispute over retired miners’ health benefits is notable because the decision "could impact whether unions could try to use a dispute resolution procedure within a collective bargaining agreement as a venue to dispute anticipated post-collective bargaining agreement changes."

Law360 

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2023 has undoubtedly been a busy year in the UK employment law space. But, as we bid adieu to this year, it is time to look to what 2024 will bring. In this Christmas pun-filled article (apologies in advance), we explore some of the key anticipated legislation to be implemented next year, grouped into four key categories below.

Spoiler alert – if the government plans continue as expected, then get ready to unwrap a gift of employment law changes in the coming year as the legal landscape gears up for a merry makeover!

Erin Webber talks about the importance of networks, mentors and benefits for women and working moms in law firms.

Denver Business Journal

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Mikayla Almeida, Kimberly Doud and Anne Sanchez LaWer explain to employers about how implementing benefits related to women’s health and fertility could reduce turnover and retain talent.

ACC Central Florida

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Ellen Donovan McCann says post-employment benefits are often the first to be amended when businesses experience budget challenges, but employers may have to take more care in changing them if SCOTUS decides that former employees can sue over those benefits.

SHRM

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Chelsea Lewis provides recommendations for navigating the challenges that may arise when customers or clients refuse to abide by COVID-19 mandates.

ACC South Florida

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When Congress overrode President Trump’s veto of the National Defense Authorization Act on January 1, 2021, it enacted the Anti-Money Laundering Act (AMLA), which was part of the defense authorization bill.  In doing so, Congress implemented the most sweeping anti-money-laundering statute since the USA PATRIOT Act.  In addition to a number of regulatory reforms and new disclosure requirements, the AMLA has put into place new whistleblower protections, adding to the range of statutes that have effectively created anti-retaliation provisions for virtually every activity regulated by federal

On February 19, 2021, the U.S.

Michael Royal and Alyssa Peterson discuss two new laws that will bring changes for employers in Texas by expanding protections for employees who assert claims of sexual harassment under the Texas Labor Code.

SHRM Online

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On December 29, 2022, President Biden signed a new whistleblower law that significantly increases the risk and cost of whistleblower claims for domestic and overseas financial services institutions that must be cognizant of anti-money laundering (AML) laws and regulations. This covers 26 categories of institutions, including banks, branches and agencies of foreign banks, broker-dealers, insurance companies, operators of credit card systems, mutual funds, certain casinos, and travel agencies.

In 2017, companies in Brazil welcomed changes to its labor code that introduced the option for securing enforceable releases to employment law claims. The changes to the labor code included allowing parties to seek a ratification of a private settlement with the labor courts. The rationale behind the new law was to permit parties to settle matters in an amicable way, thereby reducing judicial disputes.

On September 18, 2024, Canada announced that it would impose new language and field of study eligibility requirements on its Post-Graduation Work Permit (PGWP) Program.

On June 29, 2024, Governor Newsom signed into law an amendment to California Code 1770, clarifying the scope of SB 478. Under SB 478 and previously published guidance from the attorney general, California restaurants were effectively prohibited from charging service fees or other surcharges, which many restaurants have implemented to offset rising costs, unless the amount of the service fee was specifically identified as part of the listed prices.

Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because of a mental health condition (i.e., stress and depression) allegedly arising out of his termination. He claimed a 26-month notice period. The employer sought an independent medical examination (IME) of the employee pursuant to s.

A number of Littler lawyers in our office in Toronto, Ontario, Canada recently authored the Ontario section of Employment: North America for Lexology, Getting The Deal Through.

This publication provides an overview of labour and employment law in Ontario, Canada, focusing on the following categories: 

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also analyzes the EEOC’s successes, setbacks, changes, and strategies. By focusing on key developments and anticipated trends, the Report provides employers with a roadmap to where the EEOC is headed in the year to come.

This year’s Report is organized into the following sections:

Due to the effects of the COVID-19 pandemic, governments across the world have implemented various measures to slow the spread of the virus, protect workers’ health and safety, and assist employers to recover from the economic crisis, among other programs.