The Hedge Fund Law Report Quotes Richard Rabin on Trends and Developments in Employment Law
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Akin Gump labor and employment partner Richard Rabin has been quoted in The Hedge Fund Law Report, based on comments he made during a recent program the publication hosted, “How Fund Managers Should Respond to Recent Trends & Developments in Employment Law.”
Rabin addressed several issues of concern, starting with sexual harassment and the #MeToo movement. He noted that a growing number of sexual harassment claims have been brought against hedge funds, and that New York City and state are “at the vanguard” of addressing sexual harassment issues. He suggested that managers conduct anti-harassment training, pointing out that, in some states, it is mandatory for employees.
Other topics covered during the program included industry demographics, pay equity and pay history laws. Rabin also talked about arbitration clauses, noting that, while some states have banned mandatory arbitration of sexual harassment claims, any laws that undermine a contractual agreement to arbitrate are likely invalid under the Federal Arbitration Act.
Finally, Rabin discussed changes to the National Labor Relations Board’s (NLRB) approach to hedge funds. He suggested that if a manager revised its confidentiality and non-disparagement policies and contracts in light of the NLRB’s positions during the Obama administration, it may now be advisable to review and strengthen them. He also outlined family- and sick-leave requirements, cautioning that “it has never been more important” to stay on top of developments in this area due to the unusually quick pace of change.
