Resource Library

The Ninth Circuit recently concluded that job applicants are not entitled to compensation for time devoted to pre-employment drug tests because an employment relationship has not yet been formed. The Ninth Circuit held that the “control test” does not apply to job applicants, and that, under California contract law, the applicants had no contract for employment until they passed the pre-hire drug tests. Johnson v. WinCo Foods.

As various restrictions put in place during the global coronavirus pandemic have lifted across the world, many businesses have embraced hybrid working. However, as we look to the future, are these working arrangements of the so-called “new normal” really here to stay?

As previously reported, Dobbs v. Jackson Women’s Health Organization held that the
authority to regulate abortion is returned to the states, permitting states to regulate
abortion within their borders. Thus, employers and administrators of plans that cover
abortion services will need to be cognizant of state restrictions on availability of abortions
and related services. Texas has been prominent in
legislating restrictions on performance of and access to abortions.

The COVID crisis has caused an exodus from cities and physical office spaces alike. As fall approaches and companies figure out what the new workplace looks like, how can Legal Operations management continue to engage with their team and the legal department at large?

For most corporate law departments, 2020 will be remembered as a year where everything was turned on its head. Law department leaders had previously helped guide their departments through recessions, sales shortfalls, and restructurings, but never a global pandemic. However, the after-effects of 2020 will likely contain as many positives as negatives; and, if department leaders are smart, it should act as a catalyst for accelerating the change agenda in 2021 and beyond.

The focus on culture has become more acute during the COVID-19 pandemic, as investors and consumers observe and judge companies based on their navigation of the crisis, particularly treatment of employees and wider societal stakeholders. In our view, the global regulatory direction of travel is clear. Companies and investors planning an exit must consider the impact that poor corporate culture may have on their potential to achieve an exit, in particular an IPO, and to prosper as a company in the longer term.

Companies defined as “foreign private issuers” enjoy a number of important advantages under special SEC rules and accommodations.

Payroll tax issues confront every employer and compliance can be challenging. This resource lists the top 10 concerns for employers.

Boards increasingly recognize the value proposition of corporate directors who come from an in-house counsel background. The role of the general counsel (GC) today extends well beyond legal and requires an array of skills — notably business acumen and leadership. This Quick Overview discusses optimization of Board performance.