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Covington’s international employment group advises a wide range of multinational companies on strategic, day-to-day and transaction-specific employment, employee benefit and global mobility issues.
Our expertise encompasses legal aspects of M&A, restrictive covenants, codes of conduct, HR policies, employment and atypical worker contracts, and compensation plans.
Our U.S. employment lawyers have an outstanding record of success in U.S. employment litigation—defending against nationwide class actions, resolving employment disputes privately or through mediation, and negotiating resolutions with federal agencies.
Our global reach gives us a deep understanding of the various models of employment regulation, and our lawyers possess in-depth knowledge of discrimination laws, collective employment rights, redundancy laws, working time compliance/overtime issues, and employment civil and contract claims that multinationals face. We also are able to call on a trusted network of employment counsel across the Middle East, Asia, South America and elsewhere, to provide the local expertise that our clients require while ensuring that advice is responsive, business-oriented and meets Covington’s standards.
We have investigated sensitive sexual harassment claims, conducted extensive employment audits, advised companies on the adoption of global and domestic employment policies appropriate to their business culture and drafted executive employment, share incentive plans, bonus and other compensation agreements.
Our U.S. employment litigation team are recognized nationally and internationally as leaders in employment and ERISA law.
Microsoft Nokia employee integration
Assisted Microsoft with the integration of approximately 32,000 Nokia employees across 60 countries, following Microsoft’s acquisition of Nokia’s devices and services business.
Harley-Davidson global employee code of conduct
Drafted and implemented a global code of conduct and policies for Harley-Davidson addressing privacy, harassment, discrimination, the use of electronic communications and anti-corruption.
Whistleblower discrimination summary judgment win
Won summary judgment and Ninth Circuit affirmance of a whistleblower/discrimination case brought against a major pharmaceutical company.
Employee data breach support
Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.
International Global Mobility Advice
Assisted a life sciences company with international assignments, including relevant cross-border corporate and individual tax risks and immigration requirements.
Indivior $1.6 billion Demerger
Represented Indivior plc in its $1.6 billion demerger transaction from Reckitt Benckiser Group plc and listing on the LSE.
Investigating Insider Thefts
We have directed investigations into cyber-based insider thefts of highly sensitive proprietary information and consumer information.
Jury verdict for aerospace client
Obtained a complete jury verdict for an aerospace contractor accused of conspiring with the employee of a competitor to misappropriate trade secrets. The plaintiff had sought $30,000,000.
LaRue v. DeWolff, Boberg & Assocs., Inc., 128 S. Ct. 1020 (2008) (counsel for amicus)
The U.S. Supreme Court held that a participant stated a colorable ERISA fiduciary breach claim for losses stemming from the alleged failure to implement investment directions for his 401(k) plan account. In a concurring opinion, Chief Justice Roberts cited our amicus brief for The ERISA Industry Committee in stating that such actions might need to be brought as benefits denial claims and subjected to exhaustion of administrative remedies.
$150 million recovered for railroad clients
Represented railroad clients in obtaining more than $150 million through scores of settlements for FELA, environmental, and employment practice claims.
Human Rights Due Diligence
Conducting human rights due diligence exercises relating to the potential acquisition of multinational businesses (including a business subject to disclosure requirements relating to potential use of conflict minerals in its products).
Modern Slavery Reporting Requirements
Advising numerous clients across a range of industries on the drafting of transparency statements required by the UK Modern Slavery Act.
Supplier Relationships: Documents and Strategy
Advising a leading consulting firm on the drafting and implementation of its new supplier code of conduct, and the scope of related contractual clauses, audit rights, and other compliance documentation and issues.
NFL Lockout Class Action
Represented the National Football League in a class action antitrust case in which the NFL Players Association and ten prominent players sought to enjoin the NFL’s lockout of its player-employees. The U.S. Court of Appeals for the Eighth Circuit ruled for the National Football League, vacating the injunction entered by the District Court on the ground that the injunction violated the Norris-LaGuardia Act, which prohibits judicial interference in labor disputes.
Bush, et al. v. Deere & Company (C.D. Ill.)
Tried and won a class action lawsuit alleging “pattern or practice” discrimination on the basis of age in connection with a corporate reduction in force.
China life sciences transactional
Advising a leading multinational pharmaceutical company on the acquisition of diabetes drug assets in China and the transfer of related employees from a multinational drug company.
Class action FLSA consent judgment
Negotiated on behalf of a major health care network a class action FLSA consent judgment with the U.S. Department of Labor relating to overtime that avoided liquidated damages and civil money penalties while foreclosing any private right of action.
Confidential data leak
Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.
Cook v UBS Financial Services Inc CA No PJM 06 803 D Md 2006
Successful defense of putative nationwide class action for race discrimination on behalf of financial advisors.
Cross border tax and employment arrangements
Structured a senior executive’s cross-border tax and employment arrangements for a U.S./UK clean tech company.
Data privacy compliance program
Devised a data privacy compliance program relating to international HR data processed by a US-headquartered multinational.
Defending whistleblower claims
Defended claims threatened against a technology company in the US and the UK, involving alleged SOX whistleblower protections and unlawful detriment claims.
Drafting of Pension Protection Act 2006
Drafted and advanced legislation that became the Pension Protection Act of 2006. Since passage of the Act, we have been leading discussions with the US Treasury and the US IRS to resolve significant issues affecting hybrid pension plans and sponsors of those plans.
Employee Recruiting Class Actions
Represented Pixar and Disney in multi-defendant antitrust class actions alleging unlawful agreements among certain Silicon Valley firms and animation studios to limit their recruiting of each other’s employees.
Employment advice to AstraZeneca in major acquisition
Provided international employment law advice to AstraZeneca in relation to its acquisition of Bristol-Myers Squibb’s interests in the companies’ global diabetes alliance across 40 jurisdictions.
Employment aspects of acquisition for luxury brand
Advised Giorgio Armani S.p.A. on employment and benefits aspects of the acquisition of its retail and wholesale UK business from Club 21.
Employment aspects of global joint venture
Advised a Japanese technology client on the international employment, pensions and incentives aspects arising on the formation of a joint venture with operations in the US, Asia and Europe.
Employment Class Action
Representation of UBS Financial Services in an employment discrimination class action brought on behalf of minority financial advisers.
ERISA litigation in the Supreme Court
Successfully handled important ERISA litigation in the Supreme Court, including Conkright v. Frommert, 130 S. Ct. 1640 (2010) (requiring deference to the plan administrator’s interpretation of a plan, even though the administrator had previously relied on provisions that were not properly added to the plan), and Kennedy v. Plan Adm’r for Dupont Sav. & Invt. Plan, 129 S. Ct. 865 (2009) (applying ERISA’s “plan document” rule to affirm unanimously a plan administrator’s decision to follow a beneficiary designation that gave rights to a participant’s former spouse, even though a divorce decree had stated that the former spouse gave up her rights).
European Employment Considerations
Co-ordinated U.S., Dutch and German tax, employment, immigration and benefits advice in relation to a U.S. listing of a Dutch company and relocation of senior managers.
Executive hire for FTSE-listed company
Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.
Expatriate dismissal in Asia
Advised a NYSE-listed corporation in relation to a Singaporean/UK expatriate dismissal.
GMU Litigation, C.A. No. 1:09cv752 (E.D. Va. 2010)
Secured summary judgment for George Mason School of Law against sexual harassment and other discrimination claims by law school professor.
Hire of a European CEO for a FTSE-listed company
Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.
HR operations audit for multinational pharmaceutical client
Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the US and EU, in anticipation of possible certification under the US-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.
In re Schering Plough Corporation ERISA Litig., 589 F.3d 585 (3d Cir. 2009)
We secured the reversal of a class certification order in a “stock drop” lawsuit claiming breaches of fiduciary duty in the administration of a company retirement savings plan.
International assignment for U.S. bank
Advised a New York-headquartered investment bank on an international assignment from the UK to China.
Supplier Human Rights Management
Assisting a leading life science company on their supplier audit protocols governing employment, environmental, and health and safety protections across multiple jurisdictions.
Global Human Rights Policies and Procedures
Working with leading multinational companies on their global codes of conduct and business ethics documentation with a particular focus on human rights issues, including anti-discrimination policies, data privacy, freedom of association, the use of whistleblower hotlines, and other areas.
Multi-Disciplinary Compliance Matters
Advising clients, including manufacturers across a range of industries on EU environmental and conflict mineral regulations and initiatives.
Human Rights Training
Supporting clients with their internal training and awareness-raising programs and initiatives, and helping build the internal alliances necessary to formulate effective human rights plans.
Tencent in $8.6 Billion Acquisition of Clash of Clans Developer
Represented Tencent Holdings Limited in its $8.6 billion acquisition of a majority stake in Supercell Oy, developer of Clash of Clans, Clash Royale, Boom Beach and Hay Day, from SoftBank.
Microsoft Expatriate Issues
Advised Microsoft in relation to expatriate issues arising from post-acquisition integration with Nokia’s global mobile phone business.
Multi-million dollar trial win
Won a multi-million dollar trial verdict for a government contractor arising from the en masse departure of 25 employees from the contractor to a competitor. The verdict was affirmed on appeal.
Privacy audit
Advised numerous clients regarding the privacy implications of conducting an informal internal audit of certain foreign business practices at the request of the U.S. Securities and Exchange Commission.
Race and national origin discrimination jury trial win
Won a jury trial for a major credit card firm, defending claims based on race and national origin discrimination; and he obtained an award of $265,000 in attorneys' fees against the law firm of plaintiff's counsel.
Review of the right to monitor Internet and electronic communications
Conducted a pan-European and selective US survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.
Settlement in trade secrets case
Achieved a favorable settlement on behalf of a telecommunications client filing a claim against a former employee accused of breaching post-employment restrictive covenants and confidentiality obligations, as well as misappropriating trade secrets.
Tax and fiduciary issues relating to VEBAs
Resolved tax and fiduciary issues in connection with the proposed consolidation of more than $1 billion in assets held in separate voluntary employees’ beneficiary associations (“VEBAs”).
Tax-efficient acquisition vehicles
Helped a leading global fund-of-funds sponsor with benefit plan investors acquire several large portfolios of European private equity interests. Working with corporate lawyers in our London and New York offices, we designed tax-efficient acquisition vehicles that complied with ERISA and avoided potential fiduciary and plan asset concerns.
Taylor v. United Technologies Corp.
Taylor v. United Technologies Corp., 2009 WL 4255159 (2d Cir. Dec. 1, 2009), aff’g 2009 WL 535779, 46 Empl. Ben. Cas. (BNA) 1935 (D. Conn. Mar. 3, 2009). The Second Circuit affirmed the summary judgment entered in favor of our client United Technologies in a 401(k) plan expense class action lawsuit. The court upheld the rejection of all of plaintiffs’ claims concerning a variety of fiduciary decisions over more than a decade, for which plaintiffs had calculated alleged damages of $230 million.
Dismissal of Severance Claims Asserted in Africa
Representation of a government contractor client sued in Rwanda by a former employee; obtained dismissal of all claims with no payment by client.
Settlement in Federal Trade Secrets Case
In a trade secrets case relating to a $2B classified procurement, convinced the court to dismiss all but one claim asserted by the plaintiff against its former employee, our client. The plaintiff then dismissed the remaining claim with no payment by our client.
Confidential Settlement in "Switching Sides" Case
Represented several defendants against claims of breach of fiduciary duty, trade secret misappropriation, and patent infringement asserted by their former employer.
Transfer of UK executive to India
Structured the cross-border tax and employment aspects of the transfer of a UK executive to an Indian entity for a U.S. conglomerate.
U.S. Department of Labor and Internal Revenue Service Investigations
Resolved contentious investigations by the US Department of Labor and Internal Revenue Service, in which the government took positions that exposed our clients to many millions, and in some cases over $1 billion, of potential liability. In several of these cases, we replaced counsel that was unable to reach agreement with the government, when litigation appeared to be imminent.
U.S./UK employment contract
Advised on employment and variable compensation aspects of dual US/UK employment contract for senior executive of FTSE 100 company.
Verizon Communications’ $7.5 billion annuity purchase
Represented Verizon Communications with respect to its pension plan’s $7.5 billion annuity purchase (one of the largest pension annuitization transactions in US history), and successfully defending Verizon against an attempt by retirees to block the transaction in court.
Whistleblower retaliation case
Successfully argued a whistleblower retaliation case arising under the False Claims Act in the U.S. Court of Appeals for the Fourth Circuit on behalf of a pharmaceutical company after winning dismissal at summary judgment stage.
Young v Verizons Bell Atl Cash Balance Plan
Young v. Verizon’s Bell Atl. Cash Balance Plan, __ F. Supp. 2d __, 2009 WL 3677350 (N.D. Ill. Nov. 2, 2009). For Verizon, we secured a court order reforming a $1.7 billion drafting error in a pension plan formula. This was the first court order correcting a scrivener’s error in an ERISA plan.
Corporate Culture Investigation for Uber Technologies, Inc.
Led a three-month investigation into the corporate culture at Uber Technologies Inc. following a blog post by a former Uber engineer that alleged that the company’s work culture was biased against women and that managers ignored sexual harassment complaints. The process included more than 200 interviews with current and former employees, and resulted in a set of recommendations approved unanimously by the board that subsequently were released publicly.
Independent Investigation for Choate Rosemary Hall
Conducted an independent investigation of historic adult sexual misconduct for Choate Rosemary Hall school. Covington’s report was released to the media and covered extensively.
Investigation into Sexual Misconduct for Prestigious Private School
Represented a prestigious all-girls private school in an investigation focused on sexual misconduct that was the subject of significant press.
Cross-Border Workforce Reorganization
A fast-growing U.S.-based start-up planning and executing an aggressive global expansion relied on Covington’s global workforce team to mastermind a comprehensive implementation strategy that met the business’ goals while addressing compensation and benefits planning and employment challenges across dozens of jurisdictions.
Guiding a Start-up Through Rapid International Workforce Growth
A fast-growing U.S.-based start-up planning and executing an aggressive global expansion relied on Covington to mastermind a comprehensive implementation strategy that met the business’ goals while addressing compensation and benefits planning and employment challenges across dozens of jurisdictions.
Global Equity Incentive Plans
Developed global equity incentive plans, proxy summaries, and prospectuses for Fortune 100 companies and private equity portfolio companies.
Managing Equity Compensation in a Complex Global Corporate Spinoff
A large multinational company undergoing a complex, transformative reorganization and spin-off relied on Covington to lead a strategic redesign of its global equity compensation plans to more effectively deliver meaningful compensation to executives and employees in over 50 countries.
June 23, 2020, Covington Alert
On June 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” (“June 22 Proclamation”). The June 22 Proclamation blocks the entry of foreign workers entering the United States on certain nonimmigrant visa categories, including H-1B, H-2B, ...
Spring 2020, Covington Guide
As businesses across Europe prepare to reopen following the COVID-19 lockdown, Covington is providing practical resources and guidance on the broad array of issues companies face as employees return to the workplace, including employment, privacy, competition, policy, environmental and regulatory considerations at the EU level, with a focus on Germany and the ...
When Is Fear a Protected Reason for Not Coming to Work?
May 26, 2020, SHRM
Carolyn Rashby spoke with SHRM about the decisions companies will have to make when employees are fearful of entering the office due to COVID-19 concerns. Ms. Rashby says after decisions about who can and can't work remotely are made and communicated, disciplining or firing employees who refuse to come in out of a generalized fear likely is permissible in many ...
May 21, 2020, Covington Alert
On May 19, OSHA issued updated guidance reinstating employers’ obligations to record work-related COVID-19 cases. The guidance takes effect May 26. OSHA had previously suspended this obligation for most employers in an April 10 enforcement discretion document, but advocates for both employers and employees have recently pressed for more robust guidance from OSHA ...
May 20, 2020, Covington Alert
In the context of the coronavirus pandemic, there have been significant recent developments in Germany with respect to business interruption insurance and short-time working compensation.
May 18, 2020, Covington Alert
Businesses are developing plans for reopening workplaces. As they do, many employers are considering ways to determine which employees can safely return to the workplace, and what protective equipment should be provided to employees once they return. In both the United States and European Union, many of the products used in these strategies are regulated as ...
May 11, 2020, The Wall Street Journal
Lindsay Burke is quoted in The Wall Street Journal regarding the actions employers can take when asking employees to return to work during the COVID-19 pandemic. When addressing the concerns of an employee who is nervous to commute to work, Ms. Burke says, “If you are able to work from home, ask to do so. If you are considered a vulnerable individual or have an ...
May 8, 2020
As businesses prepare for a return to the workplace (RTW) following COVID-19 closures, our team has created this high-level summary list of current and anticipated issues related to reopening. For additional guidance, please visit our COVID-19 Legal and Business Toolkit or reach out to us at COVID19@cov.com. Links to sections with more information about these ...
May 6, 2020
As businesses across multiple industries and geographies prepare for reopening following COVID-19 closures, Covington is providing practical resources and guidance on the broad array of issues companies face as employees return to the workplace. Learn more in our multi-part series: Part One: Navigating the Legal Risk of Return Part Two: Potential ...
May 6, 2020, Covington Alert
On April 29, 2020, in a webinar hosted by the European Parliament’s Responsible Business Conduct Working Group, EU Commissioner for Justice Didier Reynders announced that the European Commission (the “Commission”) will move swiftly to introduce regulation on mandatory human rights and environmental due diligence for companies, with its legislative proposal to ...
As US Reopens, Businesses Want Protections From Lawsuits
May 5, 2020, Agence France-Presse
Lindsay Burke spoke with Agence France-Presse about the lawsuits U.S. businesses may face from employees who contract COVID-19 while at work. Ms. Burke says companies should follow government guidelines to protect themselves legally as they bring employees back into the workplace. “We are generally advising employers to resume on-site operations in a voluntary ...
April 27, 2020, The Wall Street Journal
Lindsay Burke spoke with The Wall Street Journal about the incentives companies can offer to employees returning to work. Ms. Burke says, “Extremely large companies might offer to subsidize people's purchases of private vehicles or subsidize rental cars.”
April 27, 2020, Covington Alert
Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to the workplace, but this general rule must ...
April 23, 2020, Bloomberg Law
Carolyn Rashby is quoted in Bloomberg Law regarding the increase of “work sharing,” a tool that lets employees tap into jobless benefits when their hours are reduced, during the COVID-19 pandemic. Ms. Rashby says, “Having an option to keep people employed at some reduced percentage of their hours and pay but having that option to quickly say, ‘OK we’re ready to ...
April 23, 2020, Financial Times
Lindsay Burke and Carolyn Rashby spoke with the Financial Times about the request from U.S. businesses that seek a shield from litigation if they expose employees to COVID-19 after calling them back to work. Both Ms. Rashby and Ms. Burke note that the firm’s employment practice has been flooded with questions about how employers could minimize their legal risks ...
April 22, 2020, Law360
Lindsay Burke and Carolyn Rashby are quoted in Law360 regarding legal dangers and logistical challenges associated with reopening businesses in the U.S. Ms. Burke says, “We're in a lot of new territory here. I don't think any employers in modern history have had to return to operations in the middle of a global health crisis. And so we're really trying to ...
April 22, 2020, Covington Alert
Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to the workplace, but this general rule must ...
April 21, 2020, Bloomberg Law
Lindsay Burke and Carolyn Rashby spoke with Bloomberg Law about the uphill battle employees who contract COVID-19 on the job may face if they choose to sue their employer. Ms. Burke says, “We’re in territory we haven’t seen before. We are looking at a whole lot of different legal risks and issues. It’s not clear how they will play out. Traditionally an illness ...
April 21, 2020, Covington Alert
Whether a company is an essential business or is expecting to reopen its doors in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must ...
April 17, 2020, Covington Alert
Whether a company is an essential business or is expecting to reopen its doors in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must ...
April 16, 2020, Covington Alert
Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must be ...
April 8, 2020, Covington Alert
Employers are facing new challenges in responding to COVID-19 and its implications for their workplaces in the United States. The checklist below will assist in thinking through the issues most likely to need attention in the immediate future. Information, agency guidance, and potential responses to COVID-19 are changing rapidly. This checklist was last updated ...
March 27, 2020, Covington Alert
On Friday 20 March, the UK Government announced various support measures for UK businesses. One of these was the Coronavirus Job Retention Scheme (the “Scheme”), which it is hoped will reduce the risk that UK employers promptly dismiss employees in response to the Coronavirus outbreak. Further guidance was published on 26 March, providing some much needed detail ...
March 25, 2020, Covington Alert
In light of the federal Families First Coronavirus Response Act ("FFCRA") and New York State’s sick leave law, both of which were signed on March 18, 2020, many New York employers will need to be prepared to comply with their new federal and state sick leave obligations to employees impacted by COVID-19. As discussed in a prior client alert, the FFCRA requires ...
March 24, 2020, Covington Alert
As the COVID-19 public health crisis continues, U.S. businesses are dealing with unprecedented disruptions to operations and workforce stability. Most employers undoubtedly want to assist their employees during this uncertain time, but they are struggling to balance the cost of maintaining their workforce with shrinking profits. The frequent result of such a ...
March 19, 2020, Covington Alert
The speed and severity of the current crisis means UK employers face very difficult and pressing decisions. Some intermediate steps can be taken to preserve workforces for a period and avoid immediate redundancies. Some form of individual or even collective consultation with employees or their representatives may be necessary. This can be used ...
March 19, 2020, Covington Alert
On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act, H.R. 6201 (the “Act”) in response to the pressing economic concerns arising from the spread of COVID-19. The Senate passed the House bill, as modified by the House on March 16, without change. For private-sector employers with fewer than 500 employees and certain ...
March 18, 2020 (Updated March 24, 2020), Covington Alert
In developing plans to cope with the coronavirus (COVID-19), employers must strike the right balance between Occupational Safety and Health Act (OSHA) requirements and restrictions on employees’ privacy and the Americans with Disabilities Act (ADA). Several key requirements are particularly relevant, and agency guidance on these topics is rapidly ...
Organisations Engaging Contractors in the UK to Prepare for the New Off payroll Working Legislation
March 2, 2020, Covington Alert
Businesses operating in the UK now have less than two months to prepare for implementation of the new off-payroll working legislation on 6 April 2020. Non-compliance could leave organisations with a significant tax liability and may jeopardise important relationships with key contractors, and risk business processes. Companies should act now to ensure they are ...
July 2020
As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our COVID-19 task force at COVID19@cov.com. Below is a compendium of resources ...
The Responsibility of Companies for the Actions of their Directors and Employees in English Law
2020, International Comparative Legal Guide to: Litigation & Dispute Resolution 2020
September 30, 2019, Covington Alert
Recent global trends have placed significant scrutiny on matters related to modern slavery and human rights issues in supply chains. New legislation has steadily been introduced across the globe (including in the U.S., the U.K., France and Australia). In this update, we provide an overview on a variety of international and national developments in the business ...
August 16, 2019, Covington Alert
The new Dubai International Financial Centre (DIFC) Employment Law (DIFC Law 2/2019) has now been published and will come into force on August 28, 2019. The new law contains significant amendments to the old DIFC Employment Law (DIFC Law 5/2004) and there have been revisions to the draft law published earlier this year.
August 2019, Covington Alert
The ECJ ruled on 14 May 2019 (C-55/18) that Member States must take measures to ensure that employers comply with the minimum rest periods and prevent workers from working in excess of the weekly maximum working hours, including introducing an "objective, reliable and accessible system" to measure daily working time.
July 26, 2019, Covington Alert
From April 2020, new rules will require all large and medium-sized private sector organisations to determine the employment status of their contractors and, where applicable, withhold tax and social security and pay employer social security on payments made to relevant contractors.
Workplace Culture and Harassment Red Flags and Lessons Learned
June 6, 2019
This webinar discussed the importance of workplace culture and best practices to reduce the risk of a toxic work environment. Topics included the current landscape employers are facing, why culture in the workplace matters, warning signs of an unhealthy workplace culture, and the legislative response to the #MeToo movement.
April 3, 2019, Covington Alert
In February 2019, the U.S. Department of Justice (“DOJ”) announced a settlement with Honda Aircraft Company LLC regarding claims that Honda Aircraft violated the Immigration and Nationality Act (“INA”) by discriminating against non-U.S. citizens in an attempt to comply with requirements of the International Traffic in Arms Regulations (“ITAR”) and the Export ...
April 2, 2019, Covington Alert
The German Federal Employment Court (Bundesarbeitsgericht) ruled on February 19, 2019 (Reference number 9 AZR 541/15) that annual vacation entitlement can only be forfeited at the end of a calendar year if the employer previously advised the employee of his/her accrued entitlement and of the deadline by which untaken vacation would be forfeited.
February 2019, Covington Alert
This International Employment Update summarises recent international employment law developments in China, France, Germany, Russia, the United Kingdom and the United States.
#MeToo Spurs New California Workplace Harassment Protections and Gender Equality on Corporate Boards
October 24, 2018, Covington Alert
California Governor Jerry Brown recently signed into law a number of landmark bills aimed at strengthening sexual harassment protections in the workplace and boosting gender equality in the boardroom. Here is an overview of the new statutes; unless otherwise specified, they take effect on January 1, 2019.
August 6, 2018, Covington Alert
We reported following the 2017 UN Forum on Business and Human Rights on the progress of an international treaty on the subject. On 19th July 2018, the Open-ended Intergovernmental Working Group (OEIGWG) presented the draft text of a treaty to the High Commissioner for Human Rights (through the Permanent Mission of Ecuador, acting as Chair in the process).
May 17, 2018, Global Investigations Review
April 20, 2018
LONDON—Covington advised BenevolentAI on an £80 million equity investment by new and existing investors, including Woodford Investment Management, at a pre-money valuation of £1.4 billion. The firm also recently advised BenevolentAI on its acquisition of Proximagen Limited, a Cambridge, UK-based drug discovery and development company, for an undisclosed ...
April 20, 2018, Covington Alert
On March 27 2018, the UK Equalities and Human Rights Commission (EHRC) published a report, Turning the tables: ending sexual harassment at work, in which it makes a number of recommendations for legal changes to better protect the victims of sexual harassment at work.
Covington Opens Frankfurt Office
March 28, 2018
LONDON—Covington will open an office in Frankfurt, Germany on April 3 led by eight partners. Frankfurt will be the firm’s third European office and will work closely with the firm’s five offices in the United States, its three offices in Asia, and its offices in the Middle East and Africa. “Covington will offer German companies a unique capability to help them ...
March 26, 2018, CIOReview
March 8, 2018, Covington Alert
Corporate Human Rights Benchmark Ltd (CHRB) has published its 2018 research methodology and is currently encouraging relevant companies to disclose information relevant to this year’s research and ranking exercise.
February 1, 2018, Covington Alert
This International Employment Update summarises recent international employment law developments in China, India, Italy, Russia, the United Kingdom, and the United States.
January 25, 2018, Covington Alert
The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (the “Regulations”) came into force in the UK on April 6, 2017 and require private sector employers with 250 or more employees to calculate and disclose mandatory gender pay gap information.
January 19, 2018, Covington Alert
In December 2017, the UK Government updated its proposals on the rights of European Union (“EU”) nationals and their families following the UK's exit from the EU (via a technical note setting out its proposed commitments).
January 12, 2018, Covington Alert
The U.S. Department of Labor (DOL) recently announced that it will apply a new, more flexible test for determining whether interns working for “for-profit” companies are entitled to minimum wage and overtime protection under the federal Fair Labor Standards Act (FLSA). The new test is set forth in DOL Fact Sheet #71 (updated January 2018).
December 26, 2017
SILICON VALLEY—The Financial Times has recognized Covington among the most innovative firms in 2017 in the category of "Enabling Business Growth," for advising "Tencent in its acquisition of a $8.6bn majority stake in Supercell, the Finnish gaming company, while maintaining Supercell’s creative culture and retaining its employees by introducing incentive ...
Global Mobility Update
December 18, 2017, Covington Alert
In 2012 the G20 initiated the Base Erosion and Profit-Shifting (BEPS) project, headed by the Organisation for Economic Co-operation and Development (OECD). This aimed to tackle and reduce tax planning strategies which artificially shifted corporate profits to low- or no-tax jurisdictions.
December 8, 2017, Covington Alert
Last week, the United Nations hosted the sixth annual Forum on Business and Human Rights in Geneva. The three-day event provided attendees with informative panels and important updates on the state of the field. Lawyers from Covington’s business and human rights initiative were in attendance and suggest five important takeaways for business.
October 13, 2017, Covington Alert
Beginning October 31, 2017, New York City employers will no longer be permitted to ask job applicants about their salary history or rely on a job applicant’s salary history in determining the potential salary or benefits for that applicant. The new legislation, which applies to all employees working in New York City and was signed by Mayor Bill de Blasio in May, ...
All Change: Top Five Global Mobility Hot Topics
September 27, 2017, Employment Webinar Series
September 7, 2017, Covington Alert
On Tuesday, the Trump Administration announced plans to end the Deferred Action for Childhood Arrivals (“DACA”) program, which allows qualifying, vetted undocumented immigrants who came to the United States as children to remain in the country and obtain temporary work authorization. While some components of the DACA termination will begin to take effect ...
September 5, 2017, Bloomberg
Helena Milner-Smith is quoted in a Bloomberg article regarding the European Court of Human Rights ruling on employee privacy in a case brought by Bogdan Mihai Barbulescu. According to Milner-Smith, the ruling should remind employers not to "go beyond what is necessary for a legitimate purpose." She adds, "However, the Grand Chamber’s ruling will have very little ...
September 5, 2017, The Law Society Gazette
Helena Milner-Smith is quoted by The Law Society Gazette in an article regarding the European Court of Human Rights ruling on employee privacy in a case brought by Bogdan Mihai Barbulescu. According to Milner-Smith, "The decision serves as a reminder for employers who monitor workplace communications to ensure their monitoring practices do not go beyond what is ...
EU Court Reverses Ruling On Employee Chat Surveillance
September 5, 2017, Law360
Helena Milner-Smith is quoted in a Law360 article regarding the European Court of Human Rights ruling on employee privacy in a case brought by Bogdan Mihai Barbulescu. "The decision serves as a reminder for employers who monitor workplace communications to ensure their monitoring practices do not go beyond what is necessary for a legitimate purpose, that ...
September 2017, Covington Alert
On March 5, 2017, the Belgian parliament enacted the Flexible and Workable Work Law, which seeks to increase flexibility for both employers and employees.
July 12, 2017, Covington Alert
In October 2016, the UK Prime Minister, Theresa May, commissioned Matthew Taylor, the Chief Executive of the Royal Society of Arts and former policy adviser to Tony Blair, to look at how employment practices need to change in order to keep pace with modern business models.
June 30, 2017, Covington Alert
Earlier this week, the Supreme Court issued a ruling staying certain parts of the injunctions entered by the Fourth and Ninth Circuit Courts of Appeal against Executive Order No. 13780, the so-called "travel ban" Executive Order (the “Order”), and the State Department issued clarifying guidance on June 28. The effect of the Supreme Court ruling is to allow ...
Business and Human Rights: “Is This Even Relevant to Our Company?”
June 14, 2017, Webinar
June 7, 2017, Covington Alert
Pursuant to the State Council’s directive to build harmonious labor relationships and to strengthen the system for resolving labor disputes, the Ministry of Human Resources and Social Security (MOHRSS) recently revised two sets of arbitration rules. The revisions address new issues and provide clarification of existing regulations. The key objectives are to ...
May 31, 2017, The Washington Post
Lindsay Burke is quoted by The Washington Post in an article regarding employee rights when it comes to off-duty political activity. Commenting on whether freedom of speech protections offer job protections for nongovernment workers, Burke says, "[I]f it's a private employer, there's no particular freedom of speech." She adds, "There are no particular First ...
May 24, 2017, Covington Alert
On May 25, 2018, employers located or with staff in the European Union (“EU”) will have to comply with a new data protection law—Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data—commonly referred to as the General Data Protection Regulation (“GDPR”). This will ...
UK Gender Pay Gap Reporting: Managing Risk, Developing Narrative and Changing Outcomes
May 23, 2017, Webinar
Mandatory UK Gender Pay Gap Reporting: Public Reporting Obligations and Problem Areas
April 26, 2017, Webinar
Emerging Science and Alternative Test Methods in Implementing the LCSA
April 19, 2017, Webinar
March 7, 2017, Covington Alert
Yesterday, President Trump issued a new Executive Order (the “Order”) titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” This new Order replaces the so-called “travel ban” Executive Order issued January 27 (the “Prior Order”) which was subject to a nationwide temporary restraining order issued by the U.S. District Court for the ...
March 6, 2017, Business Insurance
Lindsay Burke is quoted in a Business Insurance article regarding the risks associated with internal office chat applications. “People think of it as a casual form of communication,” Burke says, “and they forget that it’s business and usually the company is keeping a record of the communication. And if the company finds itself in litigation, then the discovery ...
February 10, 2017, Covington Alert
Following last week’s advisory concerning President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States (the “Order”), numerous lawsuits were filed challenging the Order. One such challenge, filed by the State of Washington and the State of Minnesota, culminated in yesterday’s unanimous decision by the United States ...
February 7, 2017, Covington Alert
This International Employment Update summarises recent international employment law developments in Austria, China, France, Italy, the United Arab Emirates, the United Kingdom, and the United States.
January 30, 2017, Covington Alert
As has been widely reported, President Trump issued an Executive Order (“the Order”) on Friday, January 27, 2017, entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States,” which, among other directives, bans individuals from Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia (the “Covered Countries”) from entering the United States ...
January 18, 2017, Covington Alert
The push to improve business “non-financial reporting” of human rights and environmental practices has gained significant momentum over recent months, with the implementation of EU Directive 2014/05/EU and the new Global Reporting Initiative (GRI) Standards to promote and shape the future of corporate reporting on sustainability. Stock exchanges in around 45 ...
December 12, 2016, Covington Alert
On 6 December 2016, the UK Government published the revised draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (the “Regulations”), which, subject to prior parliamentary approval, are expected to come into force on 6 April 2017. The new law will require private employers in the UK to collect and publish information showing differences in pay ...
SEC Blasts Employee Confidentiality Agreements
November 7, 2016, Agenda
Barbara Hoffman and Lindsay Burke are quoted in an Agenda article regarding the SEC’s continued interest in restrictive confidentiality agreements that could deter employees from reporting company violations to authorities. According to Hoffman, the Occupational Safety and Health Administration administers a number of whistle-blowing programs for federal ...
October 18, 2016, Covington Alert
At the end of each September in California, a flurry of legislative activity precedes the deadline for Governor Brown to sign or veto bills approved during the 2015 to 2016 legislative session. As in years past, a number of employment-related bills were signed into law by Governor Brown. The following alert highlights a few such bills that merit attention. ...
October 5, 2016, Covington Alert
The International Employment Update summarises recent international employment law developments in the United Kingdom, France, Poland, China and the United States of America.
September 30, 2016, Covington Alert
The U.S. Securities and Exchange Commission (SEC) continues to aggressively pursue companies using severance and other employment agreements that could be perceived to discourage employees from reporting possible securities law violations. Three enforcement actions this past summer demonstrate the need for companies to proactively review and give consideration ...
September 19, 2016, Covington Alert
In 2015, the UK government introduced a requirement for certain companies to make annual statements on action taken to eradicate slavery and human trafficking from their businesses and suppliers. The publication deadlines for the first organisations caught by the rules expire in September and recent statements issued by businesses across a variety of sectors ...
Fall 2016, ABA Litigation Section, Insurance Coverage Litigation Committee, Coverage Journal
June 29, 2016, Covington Alert
Following the vote by the United Kingdom in an advisory referendum to leave the European Union (“EU”), there is no immediate change to employment law in the UK. Assuming that the referendum decision is put into effect (which still appears to be subject to significant political, legal and practical obstacles), the extent of any future changes will of course ...
June 23, 2016, Covington Alert
China amended its Population and Family Planning Law in December 2015. It abolished the one-child policy and eliminated incentives for late marriage and late parenthood. Many provinces are announcing changes to local regulations to comply with the national amendment.
Covington Represents Tencent in $8.6 Billion Acquisition
June 21, 2016
SILICON VALLEY—Covington advised Tencent Holdings Limited, a leading provider of internet service in China, in connection with its acquisition of a majority stake in Supercell from SoftBank. A consortium established by Tencent will acquire up to 84% of Supercell for $8.6 billion in a transaction valuing Supercell at approximately $10.2 billion. Supercell is a ...
Insider Threats to Cybersecurity—Prevent, Prepare, and React Webinar
June 21, 2016, Webinar
June 14, 2016, Covington Alert
Not content with California’s state law requiring employers to provide certain employees with paid sick leave, Los Angeles’s Mayor recently signed into law a new ordinance that would provide eligible employees working in the City of Los Angeles with more generous paid sick leave benefits. Meanwhile, voters in San Diego also recently approved a local sick leave ...
June 7, 2016, Covington Alert
On May 18, the U.S. Department of Labor (DOL) finalized its much-anticipated update to the Fair Labor Standards Act’s (FLSA) so-called white collar overtime exemption rule. Effective December 1, 2016, an employee must earn at least $913 per week—the equivalent of $47,476 per year, more than double the current rate—in order to qualify as exempt from overtime ...
May 2, 2016, Covington Alert
China has just released its 13th Five Year Plan. This includes a mandate to encourage foreigners to work and reside in China by rolling out policies to relax entry, visa and residency requirements for qualified foreign talent. As part of this focus, the Ministry of Public Security has issued, effective March 1, 2016, a number of preferential immigration ...
April 14, 2016, Covington Alert
Latest figures suggest that women in the UK still earn on average 20 percent less than men. Companies that fail to address gender pay differences will be highlighted in league tables under the new Gender Pay Gap Regulations. The draft regulations require private employers in the UK to collect and publish information showing differences in pay between male and ...
April 2016, Covington Alert
Europe Right to Private Life v. Right to Monitor On January 12, 2016, the European Court of Human Rights published its judgment in another case concerning an employee’s use of company information systems, once again highlighting the challenge of balancing an employee’s right to a private life against the right of an employer to monitor employees at work. In ...
March 18, 2016, Corporate Counsel
March 10, 2016
NEW YORK — Covington represented MidFirst Bank in its acquisition of 1st Century Bancshares, Inc. 1st Century is a publicly traded bank-holding company of 1st Century Bank of Los Angeles. Simultaneously with the closing of the acquisition, 1st Century Bank will be merged into MidFirst Bank. Following these transactions, the business of 1st Century Bank will ...
September 4, 2015, Covington Alert
July 23, 2015, Covington Alert
Insider Threats to Cybersecurity—Prevent, Prepare, React
July 17, 2015, Webinar
July 8, 2015, Covington Alert
4/16/2015, Covington E-Alert
March 26, 2015, The Lawyer
December 10, 2014, Covington E-Alert
November 10, 2014, Covington E-Alert
April 8, 2014, Covington E-Alert
March 25, 2014, Covington E-Alert
August 15, 2013, Covington Advisory
Department of Labor Moves Forward on Affirmative Action Regarding Individuals with Disabilities
August 8, 2013, Covington Advisory
July 30, 2013
WASHINGTON, DC, July 30, 2013 — Covington & Burling is pleased to announce that Lindsay Buchanan Burke has returned to the firm, expanding the firm’s employment practice. Ms. Burke will be based in the firm’s Washington office as special counsel and will work with the firm’s employment, international employment, employee benefits, privacy and executive ...
July 10, 2013, Covington E-Alert
Navigating Global Redundancy Exercises: Five Key Principles for Implementing Cross-border Restructurings
March 7, 2013, Webinar
February 12, 2013, Covington E-Alert
January 7, 2013
NEW YORK, January 7, 2013 — Covington & Burling advised Illumina, Inc. on its announced acquisition of Verinata Health, Inc. for cash consideration of $350 million plus up to $100 million in milestone payments through 2015. Upon completion of the acquisition, Illumina will have access to the Verinata’s verifi® prenatal test, the broadest non-invasive prenatal ...
November 21, 2012, Covington E-Alert
Global Employee Contracts and Policies
September 27, 2012, Covington webinar
July 2, 2012, Covington Advisory
June 29, 2012, Covington E-Alert
June 28, 2012, Covington E-Alert
June 22, 2012, Covington E-Alert
Covington Names Nash and Walter to Lead London Office
May 29, 2012
LONDON, 29 May, 2012 — Covington & Burling LLP is pleased to announce Louise Nash as the new London office managing partner. She succeeds Roger Enock, who steps down after five years in the role. The firm also announced that Christopher Walter will succeed Ms. Nash as the office deputy managing partner. Mr. Enock will continue as head of the firm’s London ...
May 2, 2012, Covington Advisory
March 19, 2012
LONDON, 19 March, 2012 — Covington & Burling LLP received 46 individual mentions and 20 practice mentions in the Chambers Global 2012 edition. The guidebook, which ranks lawyers globally by pan-regional and country practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. The Covington lawyers ...
Re-Imagining the Pension Plan: Sharing Risk to Achieve Efficient, Sustainable Retirement Security
2012, N.Y.U. Review of Employee Benefits and Executive Compensation
July 5, 2011, Covington E-Alert
June 22, 2011, Covington E-Alert
June 15, 2011, Covington E-Alert
Covington Scores Significant Victory for Family Dollar
March 30, 2011
WASHINGTON, DC, March 30, 2011 — Covington & Burling LLP has secured an important victory in the U.S. Court of Appeals for the Fourth Circuit on behalf of Family Dollar Stores, Inc., which had been accused of violating the Fair Labor Standards Act. At issue is whether a group of current and former managers at Family Dollar Stores should qualify for overtime pay ...
October 6, 2010
LONDON, 6 October, 2010 — Covington & Burling LLP is pleased to announce the appointment of Christopher Walter as a partner in the European employment practice. He will be joined by special counsel Chris Bracebridge and associate Helena Laughrin. They will significantly enhance Covington's capabilities to meet the needs of the firm's growing European corporate ...
May 24, 2010
WASHINGTON, DC, May 24, 2010 — Covington & Burling LLP obtained summary judgment on all claims asserted by law professor Kyndra Rotunda against George Mason University. Ms. Rotunda had sued the University for sexual harassment, retaliation, pay discrimination, and constructive discharge in the U.S. District Court for the Eastern District of Virginia. After ...
Covington Advises Procter & Gamble on $3.1B Sale of Global Pharmaceuticals Business to Warner Chilcott
8/24/2009
NEW YORK, NY, August 24, 2009 — Procter & Gamble today announced the sale of its global pharmaceuticals business to Warner Chilcott Ltd. Covington & Burling LLP advised Procter & Gamble on the transaction. Procter & Gamble is a leading global branded products company, with one of the strongest portfolios of quality, leadership brands in consumer health and ...
2005/2009, Media Law Resource Center, 50-State Survey of Employment Libel and Privacy Law
10/29/2008
LONDON, October 29, 2008 — MPS Global, LLC, a US-based provider of high-tech engineering, design and IT talent, has acquired UK-based Talascend Group. The Talascend business includes EPCglobal, an international engineering staffing company, which operates exclusively in the engineering and construction industries in the UK, the US, India and Abu Dhabi. Covington ...
September 29, 2008
WASHINGTON, DC, September 29, 2008 — Covington & Burling LLP received 124 individual mentions in 40 areas of law in the 2009 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
July 2008, Covington E-Alert
June 16, 2008
WASHINGTON, DC, June 16, 2008 — Covington & Burling LLP received 81 individual mentions and 45 practice mentions in the newly released 2008 Chambers USA. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington ...
Two Covington Partners Among National Law Journal’s ‘50 Most Influential Minority Lawyers’
5/27/2008
WASHINGTON, DC, May 27, 2008 — The National Law Journal has named Covington & Burling LLP partners Eric Holder and Thomas Williamson to its survey of “The 50 Most Influential Minority Lawyers in America.” The first-ever list, which honors lawyers who have had a national impact in their legal fields during the past five years, is featured in the NLJ’s May 26 ...
Justice Department Litigator Ross Rejoins Covington
11/15/2007
WASHINGTON, DC, November 15, 2007 — Covington & Burling LLP announced today that Simone E. Ross has joined the firm’s white collar defense and investigations group as of counsel. Ms. Ross will be resident in the firm’s Washington office, where she previously practiced as an associate. For the past five years, Ms. Ross was an Assistant Counsel in the Justice ...
Covington Recognized in More than Twenty Practice Areas in Inaugural Edition of Legal 500 US
9/28/2007
WASHINGTON, DC, September 28, 2007 — In its inaugural year, The Legal 500 US has recognized Covington & Burling LLP’s practice excellence in 23 fields. Compiled in four volumes published in 2007, the Legal 500 US singles out the following practices: Broadcasting and Digital Buyouts: sub-$1b Copyright - regional Copyright Litigation - regional Data ...
Peter Cooke, Leading Employment Lawyer, Joins Covington
February 20, 2006
LONDON, UK, February 20, 2006 - Covington & Burling announced today that Peter Cooke has joined the firm as of counsel and will lead Covington's European Employment Law Group. Mr. Cooke is resident in the firm's London office. Mr. Cooke has experience advising on the employment law aspects of acquisitions, outsourcing and other corporate transactions, employee ...
Covington & Burling Announces Ten New Partners
October 3, 2005
WASHINGTON, D.C., October 3, 2005 - Covington & Burling announced the election of ten new partners, effective October 1. Stuart Stock, chair of the firm's management committee, commented: "These exceptional lawyers reflect the strength, excellence and diversity of the firm, and the continuing growth of our practices across the firm." Covington's newest partners ...
August 21, 1998, Covington Alert
May 1998, Corporate Legal Times
- Chambers UK (2012-2015)
- Employment - Employer: Christopher Walter
- Chambers Global (2014)
- Employment - UK: Christopher Walter
- Best Lawyers (2011-2019)
- Employment - Management, Litigation - Labor & Employment: Jeffrey Huvelle
- Law360 (2010)
- Employment Group of the Year
- Legal 500 UK (2014-2016)
- Employment - Chris Bracebridge and Christopher Walter
- Legal Week Awards, shortlisted for Commercial Team of the Year (2010)
- The British Legal Awards, shortlisted in the Commercial Team of the Year category (2014)
- The Lawyer Awards, shortlisted in the Employment Team of the Year category (2008, 2009 and 2015)
COVID-19 Return to Workplace Resource Guide
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