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State Limitations on Arbitration Agreements with Class Action Waivers Again before U.S. Supreme Court

The latest of a line of recent cases in which the U.S. Supreme Court has weighed the enforceability of class action waivers in arbitration agreements was before the Court on October 6, 2015, when the Supreme Court heard oral argument in DirecTV, Inc. v. Imburgia, et al., No. 14-462. These decisions almost uniformly have favored arbitration, and many employers have adopted and successfully utilized arbitration agreements containing class action waivers.

Why Employees Don’t Trust HR: New Podcast Takes In-Depth Look

Can employees actually trust Human Resources? Amazon CEO Jeff Bezos got more than he bargained for this summer after inviting employees to come forward to the company’s HR department with their concerns following a controversy about Amazon’s workplace culture.

Performance reviews for marriages: what could go wrong?

Marriage therapists are now advocating the use of “performance reviews” by spouses, according to an article in Monday’s Wall Street Journal. “By taking time to regularly evaluate and review their relationship together,” reporter Elizabeth Bernstein says, “partners can recognize what is and isn’t working — and identify goals for improvement — long before problems become entrenched and irresolvable.”

White House Holds Worker Voice Summit

On Wednesday, the White House hosted a Summit on Worker Voice, an all-day event focused on promoting organized labor. The Summit featured panel discussions involving workers, union officials and organizers, and "model" employers. Both President Obama and Vice President Biden spoke at the event. President Obama said one of the goals of the Summit was to explore how to encourage a growing movement around the country to “empower workers.”

Supreme Court Will Hear Public Employee Free Speech Case

As the Supreme Court began its new term, it added an intriguing employee political speech case to its schedule. In Heffernan v. City of Paterson, the Court is being asked to decide if the First Amendment bans a public employer from demoting a police officer based on his superior's perception that the officer supported another political candidate.

EU-US Data Transfer Safe Harbor Ruled Invalid

In a decision sure to have widespread implications for over 4,500 US companies doing business in Europe and anyone else who accesses data from the continent, the European Court of Justice ruled yesterday that the 15 year-old data-sharing arrangement known as “Safe Harbor” is invalid.

Almost Half of Organizations Surveyed Fail at Succession Planning

Succession planning helps organizations ensure business continuity and performance when top talent exits, skills gaps are identified or tragedy strikes. Implementing a succession plan confirms an organization’s bench strength, solidifies the viability of a corporation beyond particular charismatic executives and may inform future acquisitions. If done well, succession planning integrates a number of other internal processes (e.g., talent management and employee retention initiatives) and includes an ability to measure the plan’s results.

What Does the European Court of Justice's Invalidation of the U.S.-EU Safe Harbor Framework Mean For U.S.-Based Multinational Employers?

n a landmark decision that will dramatically affect thousands of U.S. companies that transfer personal data from the European Union ("EU") to the United States, the European Union Court of Justice ("ECJ") yesterday invalidated the Safe Harbor Framework, which had permitted U.S. companies to comply with EU restrictions on the transfer of personal data outside the EU.

Mexico Supreme Court Issues Guidance on Outsourcing

The Second Chamber of the Supreme Court of Justice of the Nation in Mexico recently issued guidance establishing that outsourcing does not violate the constitutional principles of legal certainty and freedom.

European Court of Justice Invalidates European Commission’s Safe Harbor Decision

On October 6, 2015, the European Court of Justice (ECJ) issued its much-anticipated decision in Schrems v. Data Protection Commissioner, Case C-362/14. The case considered the viability of the U.S.-EU Safe Harbor Framework, which has been applied to permit U.S. companies to transfer personal data regarding their employees and customers from the European Union (EU) to the United States in compliance with EU data protection requirements. The ECJ invalidated the European Commission’s earlier decision holding that the Safe Harbor principles provide adequate protection for personal data transferred from the EU to the United States.
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