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Tom Plotkin advises clients on a range of domestic and international labor and employment issues. His domestic practice focuses on hiring and firing, discrimination, harassment, whistleblower, wage and hour, trade secrets, non-competition, and other issues arising under federal and state employment laws. His international practice involves assisting companies in developing strategies and policies for managing cross-border workforces.
Mr. Plotkin also focuses on a number of cutting edge issues at the intersection of employment law and workforce management. As part of Covington’s Business and Human Rights Initiative, Mr. Plotkin assists companies in complying with global laws aimed at monitoring forced and trafficked labor in international supply chains. He also frequently partners with white collar colleagues to conduct internal workplace culture assessments and audits in the wake of the #MeToo movement.
- Conducted internal workplace cultural investigation at major technology company.
- Represented U.S. government contractor in discrimination proceedings before the EEOC.
- Negotiated settlement of potential corruption-related retaliation claims by former employees of a global food and beverage company.
- Drafted global workplace policies for an international energy company.
- Assisted sports client in the development of an ADA-compliant website.
- Advised on major technology’s company workplace recording policies.
- Developed international human rights compliance policy for international mechanical supplier.
Pro Bono
- Successfully obtained injunction of ban on transgender military services. See e.g., Stone v. Trump, 280 F. Supp. 3d 747 (D. Md. 2017).
- Represented behavioral health organization in mediation before the EEOC.
- Drafted and filed an amicus brief with Pennsylvania Supreme Court that was cited several times in the Court’s decision to increase opportunities for expungement of criminal records.
- Successfully appealed the denial of SSI benefits to a 9-year old boy suffering from cleft lip and cleft palate.
Previous Experience
- White House Intern for labor and employment policy.
- Legal Extern in the United States Department of State, Office of Employment Law.
September 17, 2020, Covington Alert
On September 14, 2020, U.S. Customs and Border Protection (CBP) announced five Withhold Release Orders (WROs) against products from certain factories and companies doing business primarily in the Xinjiang Uyghur Autonomous Region (XUAR) of China based on allegations of forced labor. CBP and other U.S. government departments and agencies have repeatedly stated ...
Summer 2020
In this video, Covington's Business and Human Rights practice team members Daniel Feldman, Tom Plotkin, and Hannah Edmonds-Camara address: how is human labor in the spotlight? how are supply chains impacted? how can companies address business and human rights challenges?
May 29, 2020, Covington Alert
In this update, we provide an overview of a number of recent international developments in the area of business and human rights ("BHR"). While public policy and corporate agendas have slowed in the past several months as a result of the response to the COVID-19 pandemic, there have been recent indications that key stakeholders—including governments, ...
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 ...
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 ...
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 ...
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).
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.
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).
January 11, 2018, Covington Alert
The U.S. Department of Labor 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. In this client alert, we discuss the new test and identify some important points for employers to consider ...
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.
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 ...
Business and Human Rights: “Is This Even Relevant to Our Company?”
June 14, 2017, Webinar