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French Corporate Environment Not So Whistleblower-Friendly

Client Alert | 1 min read | 01.09.06

It appears that the French government has a very different philosophy from that of the U.S. government when it comes to employee whistleblowers. As the attached article (http://www.crowell.com/pdf/Newsroom/ DataProtection_Dhont.pdf) discusses in depth, far from seeking to encourage and reward whistleblowing, French law is affirmatively concerned that the practice may abuse individuals' privacy and data-protection rights, with the result that in the past year, French regulators and courts have struck down Sarbanes-Oxley-inspired efforts by several American companies to implement ethics hotlines for their French employees, and the most recent French regulatory guidance permits such hotlines only under limited circumstances, and with appropriate safeguards to prevent defamation and protect privacy.

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Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation....