Proskauer Rose LLP (LexBlog France)

Béatrice Pola authored “France’s journey to workplace gender equality” in IEL (International Employment Lawyer). We invite you to read the full chapter here.

Alexandra Stocki authored “France’s strike laws – and how employers can respond” in IEL (International Employment Lawyer). We invite you to read the full chapter here.

Béatrice Pola, French & EU Employment Group partner, authored the France Chapter of International Employment Lawyer’s Guide to Employment in Financial Services. We invite you to read the full chapter here.

Amid fresh fears about data protection, on November 14th, France’s data protection authority, the Commission Nationale de l’Informatique et des Libertes (CNIL) published a checklist of recommended actions travellers should take to secure phones, computers and tablets when travelling outside the European Union. Read the full article on International Employment Lawyer.

Béatrice Pola, French & EU Employment Group partner, authored an article titled “How the EU’s Draft Gender Balance Directive Compares with France’s Labour Code” in IEL (International Employment Lawyer).

Béatrice Pola, French & EU Employment Group partner, authored an article titled “Harassment and discrimination on the basis of mental health in France” in IEL (International Employment Lawyer). To access the full article, please click here.

In this new age of accountability, organizations around the globe are having to navigate a patchwork of new laws designed to protect those who expose corporate misconduct. IEL’s Guide to Whistleblowing examines what constitutes a protective disclosure, the scope of regulations across 18 countries, and the steps businesses must take to ensure compliance with them....

Beatrice Pola and Alexandra Stocki are contributing authors to IEL’s (International Employment Law) “New Ways of Working” resource page that explores and keeps track of key legal and compliance considerations for multinational employers as new ways of working become increasingly embedded as the pandemic begins to recede. On the France-specific page, Beatrice, Alexandra and Rachida...

Alexandra Stocki, French & EU Employment Group partner, authored an article titled “Reorganisations in France: How to Select the Best Tool” in IEL (International Employment Lawyer). This article discusses the points that must be checked before considering the best tool for a reorganisation. To access the full article, please click here.

Béatrice Pola, French & EU Employment Group partner, recently published an article titled “New Work Councils Roles Further France’s Climate and Resilience Law” in IEL (International Employment Lawyer.) This article addresses Corporate Social Responsibility (CSR) and recently strengthened legal obligations companies must adhere to. It also discusses some of the options that companies and...

On June 1, 2020, the U.S. Supreme Court delivered a unanimous opinion regarding the relationship between domestic equitable estoppel and the enforcement of arbitration agreements. In GE Energy Power Conversion France SAS, Corp., Converteam SAS v. Outokumpufka Stainless USA, LLC, et al., (“GE Energy Power”), the Court addressed the question of whether the Convention on...

The legal definition of “workplace accidents” under French law does not normally make global headlines.  However, as many of you will have read, a recent decision of the Paris Court of Appeal (CA Paris, May 27, 2019, n°16/08787) did just that. The facts in this case were more salacious than most.  The employee died of...

The New Year has brought an increase in minimum wages across the majority of European Union member countries. While most of these changes have been minimal, France and Spain, in particular, announced considerable increases to their respective minimum wages at the end of 2018. From the beginning of his tenure in May 2017, French President...

Discussing the pervasiveness and impact of online sex trafficking and how to fight it, Proskauer hosted a seminar titled “Combating Online Sex Trafficking: Confronting Challenges, Forging Cooperation.” It is estimated that 50% of sex trafficking takes place online. The event brought together global players in the fight against human trafficking including François Delattre, Ambassador, Permanent...

A new law, called El Khomri law, passed on August 8th, 2016 in France providing a right to disconnect for employees. Such right is entered into force on January 1st, 2017 According to the law, it belongs to the employers and the unions to negotiate this new right to determine its modalities of application and...

DataGuidance spoke with Cécile Martin, Special International Counsel at Proskauer Rose LLP, at the International Association of Privacy Professionals’ Conference in Brussels in November 2016. Cécile discussed the passing of the Digital Republic Bill and its implications for organizations, as well as the latest developments regarding employee monitoring in France and the upcoming changes with...

A few months after the European Court of Justice ruled on May 13, 2014 that search engines are considered personal data controllers under the EU Data Protection Directive of 1995 and, as such, should provide data subjects with a right to be forgotten, a French Tribunal enforced this principle in X & Y v. Google...

According to the French Data Protection Authority’s (“CNIL”) recently issued activity report for 2013, the CNIL was especially busy in 2013. The main topics addressed by the CNIL in 2013 were the creation of a national consumer credit database, the right to be forgotten, the right to refuse cookies, the proposed EU Regulation, and, of...

In France, before implementing a whistleblowing process, a company must inform and consult with its employees’ representatives, inform its employees and notify the French Data Protection Agency (CNIL). There are two possible ways to notify the CNIL of a whistleblowing system: request a formal authorization from the CNIL (this is quite burdensome and difficult to...

Contrary to the U.S., which has the concept of “at-will” termination, to dismiss an employee in France, an employer must have a “real and serious cause” and must comply with a specific procedure. The cause is not pre-determined by the employment contract. 1.    The cause: As a consequence, when an employer contemplates dismissing an employee,...

Setting the correct salary is never easy and is more an art than a science.  In the current economic climate the market fluctuates according to industry, geographical location, budgetary constraints and a whole host of other market forces.  To help keep you focused, here are 5 tips for setting salaries in France, the UK and...

SEMINAIRE – Mercredi 21 mars 2013 Le 21 mars dernier, le Bureau de Paris a organisé un séminaire ayant pour thème la diversité sur le lieu de travail, et s’intéressant plus précisément aux obligations légales en vigueur en France, au Royaume-Uni, aux Etats-Unis et en Allemagne, ainsi qu’aux bonnes pratiques recensées dans chacun de ces...

The French Data Protection Authority (“CNIL”) has recently issued its activity report for 2011. It provides us with some interesting data and allows us to reflect on the ever-growing importance of privacy and data protection in France. Video-surveillance, the right to be forgotten on the Internet, data breaches and abusive data collection by companies were...

WEBINAR – Tuesday, June 28, 2011 Issues Covered: Facebook, Twitter, Linked-In and the rest of the new social networking media have revolutionized the ways employees communicate with each other, but have left employers struggling to figure out how or whether rules regarding workplace confidentiality, loyalty, privacy and monitoring apply to these new forums. For multinational employers,...

In Europe, the validity of post-employment noncompete covenants is generally viewed with great suspicion by the courts and legislatures. Thus, in France, Spain and Germany, an employee’s agreement not to compete with a former employer is often rejected as an infringement of the principle of freedom of occupation. Similarly, in the United Kingdom, the noncompete...

To assist companies to comply with European data protection laws, in particular those implemented in France, the French Data Protection Agency (known as "CNIL") recently issued a set of guidelines organized by topic which provide elementary precautions to be taken by data controllers in several subject areas, including what types of conduct are prohibited as well as the CNIL's recommendations in...

Lately we've been writing a lot about employers, and their ability to read their employees' e-mails. From New Jersey, to Idaho, to France, this is a hot topic and we are following new developments in this area closely.

In anticipation of the Swine Flu and the consequences that it may have upon the continuity of the business of companies, the French Data Protection Agency (known under the acronym “CNIL”) recently issued recommendations regarding employers’ collection of employee data in connection with their swine flu business continuity programs. The French government has strongly recommended...

On August 19, 2009, the French Data Protection Agency (also known as the “CNIL”) released a new opinion (the “Opinion”) on the transfer of personal data from France to a jurisdiction outside of Europe. The Opinion is noteworthy for describing how personal data can be transferred from France to the United States pursuant to U.S....

US employers are sometimes required for diversity purposes to collect data regarding the race and ethnicity of their employees.  However, collection of such “sensitive” data may infringe EU data protection laws under Article 8 of the EU Data Protection Directive.  This blog post is designed to provide some basic information about Article 8 and its...