With some exceptions, the ADEA applies to the U.S.-incorporated subsidiaries of foreign corporations. It remains unsettled whether employees can sue foreign parent companies of U.S. subsidiaries for age discrimination under the ADEA. Recently, in Downey v. Adloox Inc., Case No. 16-CV-1689 (JMF) (S.D.N.Y. Feb. 28, 2017), the U.S. District Court, Southern District of New York, found that the plaintiff plausibly alleged age discrimination under the ADEA against both his United States employer and its French parent company on a “single-employer” theory.
The Organisation for Economic Cooperation and Development (“OECD”), an international organization whose goal is to promote policies that will improve the economic and social well-being of people across the world, recently published a report entitled “Committing to Effective Whistleblower Protection” (the “Report”). A booklet containing the highlights of the report is available here. In the Report, the OECD reviews whistleblower laws and practices within its 34 member countries, making it a useful resource for multinational companies doing business around the world.
In certain circumstances an employer is entitled to analyse the browsing history of the work computer used by the employee without a need for the employee’s consent. This was made clear in a recent ruling of the Regional Labour Court (Landesarbeitsgericht – LAG) of Berlin-Brandenburg (judgment of January, 14 2016 – 5 Sa 657/15).