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333 Bush Street
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San Francisco, CA 94104, United States
Phone: 888-548-8537
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Class Action
  • Education
  • Health
  • Immigration Law
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
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  • Workers' Compensation
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Other U.S. Locations
  • Alabama
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  • D.C.
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  • Georgia
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Other Countries
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Number of Attorneys
1,000+ Attorneys

Making Redundancies in the UK

With the number of UK redundancies during December 2022 having doubled compared to the same period during 2021 and a number of high-profile layoffs being announced daily, more businesses will likely have to make difficult…more

Employer Liability Issues, Hiring & Firing, International Labor Laws, Redundancy Dismissals, UK

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A Tipster’s Refuge: Colorado Significantly Expands Health, Safety, and Fraud Whistleblower Protections

As summer starts to sizzle in Colorado, and the Colorado General Assembly closes its session, employers have seen a flurry of new laws affecting Colorado employees. Among them are now expanded protections for whistleblowers. …more

Colorado, Employer Liability Issues, Labor Reform, New Legislation, State Labor Laws

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Texas District Court Declares State Preemption Law Unconstitutional. What Now?

The legal battle continues between large cities and the State of Texas over state attempts to nullify local enactments on employment and other matters that exceed or conflict with state law…more

Constitutional Challenges, Employees, Employer Liability Issues, Local Ordinance, Preemption

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The Explosion of Paid Sick Leave In New Jersey

The trend of municipalities in New Jersey enacting paid sick leave ordinances continues.  Littler previously reported on the enactment of two such laws in Jersey City (effective January 24, 2014) and Newark (effective May 29,…more

Employer Mandates, New Legislation, Paid Leave, Sick Leave

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Littler Lightbulb: March Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month…more

Americans with Disabilities Act (ADA), Corporate Counsel, Delivery Drivers, Discrimination, Dismissals

See all updates »

Nearly 50 Years Later, the Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims

In its June 29, 2023, unanimous decision in Groff v. DeJoy, the United States Supreme Court upended nearly 50 years of precedent by “clarifying” the undue hardship standard in religious accommodation claims under Title VII of…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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New York District Court Ruling May Provide Relief to Some Companies Facing Claims Over the Accessibility of Their Websites

A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA) that…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Public Accommodation, Title III

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UK Race Equality Week 2024: Labour's Proposed Shake-up of Discrimination Laws

Earlier this month, in the midst of Race Equality Week in the UK, the Labour party announced that they propose to make significant changes to discrimination laws if they win the next general election. What is Labour proposing…more

Anti-Discrimination Policies, Disabilities, Equal Pay, Labor Reform, Pay Gap

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Budget Expected to Raise New York’s Minimum Wage

New York Governor Kathy Hochul announced an agreement with legislative leaders for the FY2024 New York State Budget on April 27, 2023.  Notably, the deal includes legislation that would increase the state minimum wage rate for…more

Employees, Employer Liability Issues, Labor Reform, Minimum Wage, New York

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Deck the Halls and Pack the Malls: 10 Issues for Seasonal Employee Hiring

The holiday season is nearly upon us, and the shopping frenzy is about to commence. This annual phenomenon brings the hurried engagement of seasonal employees, with thousands of these retail elves helping manage the increased…more

Employment Eligibility Verification, Fair Labor Standards Act (FLSA), Form I-9, Hiring & Firing, Labor Regulations

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Changes to Alabama Tax Laws Impose New Reporting Requirements on Employers

Three new rules will take effect this year that alter the overtime wages subject to Alabama withholding tax and employers’ requirements in reporting those newly exempt wages. On October 31, 2023, the Alabama Department of…more

Alabama, Employees, Employer Liability Issues, Over-Time, Regulatory Reform

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Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a…more

Disparate Impact, Employer Liability Issues, Employment Litigation, Equal Pay, Equal Pay Act

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Puerto Rico: A Testing Dilemma in Returning to Work Scenarios and the Governor’s Most Recent Executive Order

In conclusion, employers have multiple CDC-approved approaches to choose from when determining their return-to-work protocols. Employers opting for the test-based strategy are protected under the ADA so long as it is carried out…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Health and Safety, Infectious Diseases

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Littler Global Guide - Central America - Q2 2019

Costa Rica | Additional Provisions of the Tax Plan Enforceable as of July 1, 2019 - New Legislation Enacted - On July 1, 2019, additional provisions of Law No. 9635, commonly known as the “Fiscal Reform,” came into effect…more

Costa Rica, Economic Downturn, Expatriates, Financial Crisis, Foreign Workers

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Connecticut Limits Inquiries into Prospective Employees’ Ages

On June 24, 2021, Governor Lamont signed into law Public Act 21-69, which adds to Connecticut’s Fair Employment Practices Act an explicit ban on Connecticut employers inquiring into the ages of prospective employees “on an…more

Age Discrimination, Corporate Counsel, Disparate Impact, Employer Liability Issues, Hiring & Firing

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New Arizona Law Eases Restrictions for Obtaining Occupational Licenses for Those With Criminal Histories

Arizona Governor Doug Ducey recently signed House Bill 2067 into law amending Arizona Revised Statutes (A.R.S.) Section 13-905, to allow persons convicted of certain criminal offenses the opportunity to set aside a prior…more

Criminal Convictions, Criminal Records, Employer Liability Issues, Hiring & Firing, Labor Regulations

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April Roundup: Key Changes to Rates, Pensions and Employment Law in England and Wales

The new tax year is swiftly approaching, along with new statutory rates, limits and changes to employment law in England and Wales that HR practitioners should be aware of…more

Employee Benefits, Employees, Employer Liability Issues, Hiring & Firing, International Labor Laws

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Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens. In…more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Corporate Counsel, Department of Justice (DOJ)

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Littler Lightbulb: Wage and Hour Developments During the First 100 Days of the Biden Administration

Last week, President Biden marked his 100th day in office. This Lightbulb illuminates some of the more important developments affecting wage and hour law taken during the first 100 days of the Biden administration…more

American Rescue Plan Act of 2021, Biden Administration, Employee Rights, Employer Liability Issues, Federal Contractors

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With the New Year, Puerto Rico Enacts New Legislation Facilitating Remote Work and Providing Exemption to Airlines Opening Operation Hubs on the Island

In the summer of 2022, Puerto Rico enacted Act 52-2022, which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011 to address the pandemic-related issue of employees working…more

Airlines, Collective Bargaining Agreements (CBA), Domicile, Employees, Employer Liability Issues

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Because of Winn-Dixie: What Does the Eleventh Circuit’s Ruling Mean for Website Accessibility Claims?

In a long-awaited decision, the U.S. Court of Appeals for the Eleventh Circuit reversed a trial court ruling and held that Winn-Dixie had not discriminated against a visually impaired customer who alleged that Winn-Dixie’s…more

Americans with Disabilities Act (ADA), Disability Discrimination, Grocery Stores, Public Accommodation, Title III

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Key Recent Developments in Indian Employment Law Impacting Diversity in the Workplace

Four key recent developments in Indian employment law will impact diversity and inclusiveness policies of companies operating in India. The first is the enhancement of maternity leave benefits…more

Anti-Discrimination Policies, Corporate Counsel, Employee's Childcare, Employer Liability Issues, Equal Protection

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Workforce Reductions and Statistics: A Primer and Recommendations

Workforce reductions, whether in the form of hours reductions, furloughs, or layoffs, are often a last resort for employers experiencing financial pressures. Nevertheless, when these actions are necessary, time typically is of…more

Furloughs, Hiring & Firing, Layoffs, OWBPA, Voluntary Reduction in Force

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Tennessee’s Latest Guidance on COVID-19 Isolation and Quarantine

The Tennessee Department of Health has released guidelines on the length of isolation necessary for those who have contracted COVID-19 (referred to clinically in the guidance as “a Case”) and the length of quarantine for those…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Public Health

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COVID-19 Update for Georgia Employers

Over the past month, the state of Georgia has enacted several measures, largely affecting unemployment and business operations, in response to COVID-19.  The following provides an update on these statewide developments…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues, Re-Opening Guidelines

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Dear Littler: How Should We Approach an Employee Showing Signs of Cognitive Decline?

Dear Littler: We have an employee who is exhibiting signs of dementia or some other sort of cognitive impairment. He has fallen asleep at work a few times recently and seems confused by tasks that did not pose any problem for…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Family and Medical Leave Act (FMLA), Mental Health

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New Jersey Issues a New Posting Concerning Worker Misclassification

Earlier this year, Governor Murphy signed a package of legislation aimed at tightening worker misclassification enforcement in New Jersey.  One of these new measures, Assembly Bill 5843, established a new posting requirement for…more

Employee Definition, Employer Liability Issues, Gig Economy, Independent Contractors, Misclassification

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New California Law Mandates Corporate Board Diversity

In the midst of national conversations surrounding racial equity and social justice, Governor Gavin Newsom signed AB 979 into law on September 30, 2020. AB 979 is a first-of-its-kind legislation requiring that no later than the…more

Board of Directors, Corporate Counsel, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I)

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New Pennsylvania COVID-19 Grant Program Helps Employers Provide Hazard Pay to Employees in Life-Sustaining Occupations

On July 16, 2020, Pennsylvania Governor Tom Wolf announced the COVID-19 PA Hazard Pay Grant Program—a $50 million grant aimed to help employers provide hazard pay to “front-line” employees working in sectors that are vital to…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Workers, Hazard Pay, Operators of Essential Services

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Michigan Legislature Passes Amendment to Elliott-Larsen Civil Rights Act to Protect LGBTQ Rights

On March 8, 2023, the Michigan House of Representatives passed a bill (S.B. 4) expanding the language of the Elliott-Larsen Civil Rights Act (ELCRA)’s protected categories to include sexual orientation and gender identity or…more

Gender Identity, LGBTQ, Sexual Orientation Discrimination, State Legislatures

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Voters Approve Paid Sick Leave Changes in San Diego and San Francisco

After enduring years of drought, California employers find themselves in a phenomenon of equal concern: a cruel summer. In the span of one month, two new local paid sick leave laws were signed and amendments to two existing…more

Local Ordinance, Minimum Wage, Notice Requirements, Paid Leave, Paid Time Off (PTO)

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How Connecticut Employers Can Be Ready for Legislation that Became Effective January 1, 2024

With 2023 in the rearview mirror, Connecticut employers may want to confirm they have implemented the necessary changes to address legislative developments that became effective January 1, 2024…more

Connecticut, Employees, Employer Liability Issues, Labor Reform, Minimum Wage

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China’s New Cross-Border Data Transfer Rules Substantially Reduce Compliance Burdens for Multinational Employers

Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data…more

China, Data Privacy, Data Protection, Employer Liability Issues, International Data Transfers

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The Continuing Stream of Website Accessibility Claims: A Trial Victory for a Plaintiff and a Dismissal for a Company

Over the past 18 months, the number of claims being filed over website accessibility has increased dramatically. Although courts continue to differ as to whether websites are places of public accommodation covered by Title III…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, Grocery Stores, Public Accommodation

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The California Grizzly Elbows Uncle Sam: New California Immigration Requirements For Private Sector Employers

Partly in response to the inaction in Washington on immigration reform, the California Legislature, in the annual session concluded in mid-September, passed several bills which were signed by Governor Brown that either create or…more

Discrimination, Employer Liability Issues, Form I-9, Immigrants, Immigration Reform

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Puerto Rico Enacts Law Extending Maternity Leave to Mothers Adopting Children Ages Six and Older

On August 8, 2020, Puerto Rico Governor Hon. Wanda Vázquez Garced signed into law House Bill No. 2424 (“Bill No. 2424”), to amend the Puerto Rico Working Mothers Protection Act, otherwise known as Act 3 of March 13, 1942 (“Act…more

Adoption, Employee Rights, Labor Regulations, New Legislation, Parental Leave

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

China’s New Cross-Border Data Transfer Rules Substantially Reduce Compliance Burdens for Multinational Employers

Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data…more

China, Data Privacy, Data Protection, Employer Liability Issues, International Data Transfers

See all updates »

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Littler Global Guide - Colombia - Q3 2019

Pursuant to Decree 1562 of 2019, employees can withdraw unemployment aid savings from the government fund. Historically, this option was available only for housing and educational purposes…more

Colombia, Conflict Resolution, Disability Discrimination, Hiring & Firing, International Labor Laws

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México: Se emite declaratoria de emergencia sanitaria y acciones extraordinarias en virtud del COVID-19

El 30 de marzo de 2020, el Consejo de Salubridad General de México declaró emergencia sanitaria  debido a la epidemia generada por el coronavirus (“COVID-19”). El 31 de marzo, la Secretaría de Salud publicó en la edición…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Mexico, Operators of Essential Services

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An Unemployment Insurance Roadmap for New York Employers

During the current COVID-19 crisis, over one million New Yorkers have applied for unemployment insurance (UI) and New York State has paid out over $7 billion in benefits. Despite these numbers, many employers do not understand…more

CARES Act, Coronavirus/COVID-19, Federal Pandemic Unemployment Compensation (FPUC), Pandemic Unemployment Assistance (PUA), Unemployment Benefits

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Hit the Pause Button: The Implications of Recording in the Workplace

Workplace recordings have made headlines in recent weeks. For example, Omarosa Manigault-Newman publicly played a recording of a meeting with her then-boss, White House Chief of Staff John Kelly, to bolster her claim that he…more

All-Party Consent, Audio Recording, Employer Liability Issues, Employment Policies, NLRA

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California Court Rules Teacher Tenure Statutes Unconstitutional

On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures…more

Department of Education, Hiring & Firing, Public Schools, Seniority, Teachers

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México: Incremento al valor de la Unidad de Medida y Actualización (UMA) para el 2020

El 9 de enero de 2020, el Instituto Nacional de Estadística y Geografía (INEGI) publicó los nuevos valores para la Unidad de Medida y Actualización (en adelante “UMA”) que entrará en vigor el 1 de febrero de 2020, de acuerdo a…more

Employee Benefits, Employment Contract, International Labor Laws, Labor Regulations, Mexico

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

UK: New ACAS Guidance on Reasonable Adjustments for Mental Health

The Advisory, Conciliation and Arbitration Service (ACAS) recently published new non-statutory guidance, which can be accessed here, to support UK employers and employees when handling reasonable adjustments for mental health at…more

Employees, Employer Liability Issues, Flexible Work Arrangements, International Labor Laws, Mental Health

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Annual Report On EEOC Developments - Fiscal Year 2021

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC Developments—Fiscal…more

Annual Reports, Corporate Counsel, Diversity, EEO-1, Employer Liability Issues

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Michigan Civil Rights Poster Has Been Updated

The Michigan Department of Civil Rights has updated a poster that employers must post at their Michigan work sites. The poster—Michigan Law Prohibits Discrimination—is a required posting under the Michigan Elliott Larsen Civil…more

Civil Rights Act, Discrimination, Employer Liability Issues, Posting Requirements, Reasonable Accommodation

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District of Columbia Mayor Signs Law Restricting Employers from Using Credit Information in Employment Decisions

On February 15, 2017, District of Columbia Mayor Muriel Bowser signed a bill prohibiting, with limited exceptions, employers’ use of or obtaining a job applicant's or employee's credit information for employment purposes. D.C…more

Corporate Counsel, Credit Checks, Employee Credit Checks, Employer Liability Issues, Hiring & Firing

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Avoiding Workplace Violence: How Businesses Should React if Customers Become Violent When Asked to Wear a Mask

As businesses begin to reopen at varying rates and capacities, subject to state and federal containment measures, companies will be faced with the challenge of complying with safety standards while accommodating customers and…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Personal Protective Equipment, Re-Opening Guidelines

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Three Proposed Regulations That Should Be on the Hospitality Industry's Radar

The U.S. Department of Labor (“DOL”) has issued three sets of proposed regulations that significantly impact the Hospitality industry…more

Comment Period, Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023…more

Controlling Employer, Corporate Counsel, Employer Liability Issues, Federal Labor Laws, Hiring & Firing

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IRS Issues Proposed Rule on Business Expense Deductions

On February 26, 2020, the IRS published proposed regulations implementing changes made by the Tax Cuts and Jobs Act of 2017 (TCJA) regarding the elimination of deductions for entertainment and the limitation on food and beverage…more

Business Expenses, Business Taxes, Corporate Counsel, Income Taxes, Internal Revenue Code (IRC)

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Suffolk County Set to Become the Fourth New York Jurisdiction to Ban Salary History Inquiries

Suffolk County, New York has passed a law making it unlawful for employers and employment agencies with four or more employees to inquire about a job applicant’s salary history or otherwise to rely on such information in setting…more

Employer Liability Issues, Employment Discrimination, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing

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A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating NLRA Section 7-Like Rights and Remedies

On February 26, 2024, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (the “Division”) adopted final rules for the Protections for Public Workers Act (PROPWA). As previously discussed,…more

Collective Bargaining, Colorado, Employees, NLRA, Protected Concerted Activity

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D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance simply…more

Administrative Law Judge (ALJ), Employees, Employer Liability Issues, Employment Litigation, NLRA

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Littler 2023 European Employer Survey Report - November 2023

EXECUTIVE SUMMARY - After years of disruptions from the pandemic, artificial intelligence, shifting regulations and changing employee preferences, are European workplaces finally reaching a consensus on the “new normal”? …more

Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues, Environmental Social & Governance (ESG)

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New Restrictions on Physician Non-Compete Agreements in Connecticut

At the close of the 2023 session, the Connecticut legislature passed Senate Bill 9, “An Act Concerning Health and Wellness for Connecticut Residents.”  Buried in this legislation are amendments to the state’s physician…more

Connecticut, Employer Liability Issues, Employment Contract, Healthcare, Healthcare Workers

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Emergency Paid Sick Leave: U.S. Department of Labor Enforcement Efforts On The Rise

Back in February of this year, when employees were still reporting to work and the COVID-19 pandemic was just starting to gain national attention, there was great concern that infected employees with insufficient sick leave…more

Coronavirus/COVID-19, Department of Labor (DOL), Enforcement Guidance, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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West Virginia Employers No Longer Allowed to Prohibit Guns in Vehicles in Company Parking Lots

On March 21, 2018, West Virginia Governor Jim Justice signed into law House Bill 4187, referred to as the Business Liability Protection Act, which limits an employer’s ability to prohibit the lawful possession of firearms locked…more

Employer Liability Issues, Employment Policies, Firearms, Gun Laws, Guns-in-Trunks Legislation

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EEOC Issues Guidance on Mental Health Conditions in the Workplace

On December 12, 2016, the Equal Employment Opportunity Commission (EEOC) published a resource document titled, “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” which summarizes the rights…more

Americans with Disabilities Act (ADA), Disabilities, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Foreign Language Business Meetings Not Unlawful Discrimination, Court Finds

In a recent decision, a New York federal court rejected a former employee’s claims that permitting employees to speak only Japanese in business meetings, where individuals who do not speak Japanese are present and are without an…more

Corporate Counsel, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Duluth, Minnesota Amends Paid Sick and Safe Leave Ordinance

The mayor of Duluth, Minnesota recently signed File # 21-023-O, which, effective August 19, 2021, broadens covered uses of leave under the Earned Sick and Safe Time (ESST) Ordinance, and amends employer notice and enforcement…more

Labor Reform, Labor Regulations, Local Ordinance, New Legislation, Paid Sick Leave

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Third Circuit Finds FAAAA Does Not Preempt New Jersey ABC Test

In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeals held that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting delivery…more

ABC Test, Commercial Truck Drivers, Delivery Drivers, Employer Liability Issues, Employment Litigation

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

New Forms and Final Regulations Issued Under the Massachusetts Paid Family and Medical Leave Law

There has been much activity surrounding the Massachusetts Paid Family and Medical Leave law (PFML), which was enacted last summer as part of the so-called “Grand Bargain” legislation. As we previously reported, Governor Charlie…more

Labor Regulations, Medical Leave, New Regulations, Paid Family Leave Law, Required Forms

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Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Probing in Procurement – Recent Decisions May Prompt Review of Supplier Diversity Programs

A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional.  While the court’s decision…more

Business Ownership, Constitutional Challenges, Discrimination, Diversity, Diversity and Inclusion Standards (D&I)

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Quarantine Quandaries – How NY, NJ and CT’s Quarantine Period May Impact Employers

New York, New Jersey, and Connecticut issued a joint incoming travel advisory, effective June 25, 2020, requiring all individuals—including Tristate Area residents—to self-quarantine for 14 days when arriving from an “impacted…more

Coronavirus/COVID-19, Corporate Counsel, Emergency Management Plans, Employer Liability Issues, Quarantine

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Phoenix City Council Requires Heat Safety Plans from City Contractors

On March 26, 2024, the Phoenix (Arizona) City Council unanimously passed n ordinance requiring all city contractors and subcontractors to develop and maintain a written heat safety plan to prevent heat-related illnesses and…more

Employees, Employer Liability Issues, Health and Safety, Heat Exposure, Labor Reform

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OFCCP Issues Opinion Letter on Whether Pre-Approved Pay Analysis Groupings Will be Accepted in Future Audits

On July 22, 2019, the Office of Federal Contract Compliance Programs (OFCCP) issued its second Opinion Letter since November 30, 2018, when Directive 2019-03 announced the agency’s intent to begin delivering such guidance to the…more

Audits, Cooperative Compliance Regime, Federal Contractors, Immunity, OFCCP

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Puerto Rico Treasury Again Extends Deadlines to Request Federal Employee Retention Benefit After Hurricanes Irma And María

On May 17, 2019, the Puerto Rico Department of the Treasury (“PR Treasury”) issued Internal Revenue Informative Bulletin No. 19-07, granting an additional extension until June 30, 2019 for employers to request the Federal…more

Compensation & Benefits, Emergency Management Plans, Federal Aid, Hurricane Irma, Hurricane Maria

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Washington State Enacts Fair Chance Act

Washington State has joined a number of other jurisdictions, including the Washington cities of Seattle and Spokane, by passing a “ban-the-box” law, known as the Washington Fair Chance Act (HB 1298)…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory…more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

On January 24, 2020, the Seventh Circuit Court of Appeals became the second federal appellate court to address whether notice of a collective action under the Fair Labor Standards Act (FLSA) may be sent to individuals who…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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Watch Out New York – New Jersey Wants Its Taxes Too!

On July 21, 2023, New Jersey Governor Phil Murphy signed Assembly Bill No. S3128/A4694 into law, which implements an aggressive tax treatment of nonresidents who work for New Jersey employers.  The law essentially adopts the…more

Employer Liability Issues, Income Taxes, New Jersey, New Regulations, Non-Resident Income Taxes

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CMS Issues Broad COVID-19 Vaccine Requirements for Healthcare Employers

On November 4, 2021, the Biden administration and the Centers for Medicare and Medicaid Services (CMS) at the Department of Health and Human Services (HHS) issued an interim final rule requiring healthcare worker vaccinations…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Essential Workers

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Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12, 2023,…more

Adverse Employment Action, Burden-Shifting, Civil Rights Act, Corporate Counsel, Employees

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California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. The…more

Class Action, Dismissal With Prejudice, Employees, Employer Liability Issues, Employment Litigation

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Dear Littler: How Do Restaurants Without Table Service Handle Tips?

Dear Littler, We operate sandwich shops in a couple of states. Although we have tables, we don’t have table service, and customers pick up food at the counter themselves to either take out or seat themselves at our tables…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws, Food Service Workers, Hospitality Industry

See all updates »

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

The California Supreme Court in Adolph v. Uber Technologies, Inc. affirmed the key holding in the U.S. Supreme Court’s landmark decision in Viking River Cruises v. Moriana last year—the FAA requires PAGA plaintiffs to arbitrate…more

Arbitration, Arbitration Agreements, CA Supreme Court, Employment Litigation, Federal Arbitration Act

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Germany: The skilled worker booster is to come, including for non-academic professions

The German economy is under pressure, and not just because of the energy crisis, inflation and the COVID-19 pandemic. For several years now, companies have identified the shortage of qualified specialists as an obstacle to…more

Foreign Workers, Germany, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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USCIS to Implement Varying Filing Fees by Visa Category

In just two weeks, on April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will implement its new filing fee structure. The new fees will vary by visa type with exceptions for small employers and non-profit entities…more

Corporate Counsel, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants

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Illinois Court Temporarily Blocks Mandated COVID-19 Mitigation Measures at Nearly 170 School Districts

In the midst of declining infection rates and increasing debate over mask and vaccine mandates, on February 7, 2022, Sangamon County Circuit Court Judge Raylene DeWitte Grischow temporarily enjoined COVID-19 mitigation measure…more

Coronavirus/COVID-19, Emergency Powers, Executive Orders, Governor Pritzker, Illinois

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

See all updates »

Connecticut Set to Offer Most Generous Paid Family Leave Benefits in the Country

Connecticut continues to add to its roster of employee-friendly laws, leaving businesses throughout the state to figure out how best to address the resulting changes.  The legislative session closed on June 5, 2019, with laws…more

Corporate Counsel, Employee Contributions, Employer Liability Issues, Labor Reform, Labor Regulations

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México: Nuevos lineamientos en Materia de Democracia Sindical

El pasado 26 de julio, La Junta de Gobierno del Centro Federal de Conciliación y Registro Laboral (CFCRL) aprobó por unanimidad los Lineamientos Generales para los Procedimientos de Democracia Sindical, los cuales homologan…more

Collective Bargaining, Employees, Labor Reform, Labor Relations, Mexico

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Minneapolis Wins the Battle over Sick and Safe Time Ordinance

On June 10, 2020, the Minnesota Supreme Court held state law does not preempt the Minneapolis Sick and Safe Time Ordinance (SST Ordinance), and the ordinance can apply to employers located outside Minneapolis…more

Labor Law Violations, Local Ordinance, MN Supreme Court, Preemption, Safe Leave

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Delaware Issues First Round of Regulations Interpreting the Healthy Delaware Families Act

Last year, Delaware enacted the Healthy Delaware Families Act (HDFA), adding Delaware to an expanding list of jurisdictions with a paid family and medical leave (PFML) requirement. The PFML program is not yet live, and the…more

Delaware, Employee Benefits, Employees, Employer Liability Issues, Family Medical Leave

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Suffolk County, NY Bans Hairstyle and Religious Garment Discrimination

Effective July 23, 2020, Suffolk County, New York amended its Human Rights Law to ban race and religious discrimination based on hairstyle, hair texture, and religious garments as components of “group identity” under the…more

Dress Codes, Employer Liability Issues, Employment Discrimination, Employment Policies, Hairstyle Discrimination

See all updates »

DOL to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA). These…more

Department of Labor (DOL), Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules, New Regulations

See all updates »

Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

See all updates »

Republic of Labour Law - Irish HR Updates in March

This week in the Republic of Labour Law, we discuss an upcoming change to Parent’s Leave. Currently, Parent’s Leave entitles each parent to two weeks’ leave during the first year of a child’s life, or in the case of adoption,…more

Employee Benefits, International Labor Laws, Ireland, Maternity Leave, Paid Time Off (PTO)

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OFCCP Identifies 3,500 Contractor Establishments to be Audited Beginning in May—Are You Ready?

On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2019 Corporate Scheduling Announcement List (CSAL)…more

Audits, Contractor Audits, Cooperative Compliance Regime, CSALs, Federal Contractors

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Canada Passes Modern Slavery Act

On May 11, 2023, Canada passed An Act to enact Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (the “Act”). As we reported previously, the Act will create supply chain…more

Canada, Child Labor, Corporate Counsel, Corporate Social Responsibility, Forced Labor

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San Francisco Ordinance Imposes New Burdens on 'Formula' Retail Employers

In addition to federal and state laws, San Francisco currently has ten labor and employment laws that apply only to employees working within the City. On December 5, 2014, the eleventh San Francisco-specific employment law was…more

Employee Rights, Local Ordinance, Retailers, San Francisco, Wage and Hour

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Dear Littler: What are the substance use concerns of workplaces past, present, and future?

Dear Littler, I’m in charge of organizing our holiday party this year. To keep things civil, we’re limiting alcohol and reminding employees that although our state has legalized the recreational use of marijuana, there is…more

Drug & Alcohol Abuse, Employee Misconduct, Employees, Employer Liability Issues, Employment Policies

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Dear Littler: Do We Have to Accommodate A Religious Objection to the Flu Shot?

Dear Littler: I work in a health care setting in New Jersey. As flu season is approaching, we emailed all of our patient care employees (nurses, physical therapists, intake staff, etc.) to remind them that an immunization is…more

Americans with Disabilities Act (ADA), Civil Rights Act, Discrimination, Employer Liability Issues, Employment Policies

See all updates »

Dear Littler: Do We Need to Make Employee Restrooms Available to Customers?

Dear Littler: Our retail clothing chain has stores in 10 major cities across the country.  We recently had an issue in our Seattle, Washington location. A customer claiming to have a medical condition wanted to use our private…more

Customers, Discrimination, Employee Restrooms, Public Access Laws, Reasonable Accommodation

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Pittsburgh City Council Approves Amended Paid Sick Leave Bill

On August 3, 2015, less than one month after the introduction of the original bill, the Pittsburgh City Council passed an amended bill requiring virtually all employers within the city to provide paid sick leave. Pittsburgh is…more

Employee Benefits, Paid Time Off (PTO), Recordkeeping Requirements, Sick Leave, Wage and Hour

See all updates »

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Reversing Course, NLRB Holds Employers Have No Pre-disciplinary Bargaining Obligation

On June 23, 2020, the National Labor Relations Board issued its decision in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109 (2020), holding that employers have no duty to bargain over…more

Collective Bargaining Agreements (CBA), Corporate Counsel, Disciplinary Proceedings, NLRB, Unions

See all updates »

Canada: How to Manage Unresponsive Employees on Leave

Canadian law clearly requires employers to accommodate employees with disabilities unless it causes an undue hardship. But how are employers to deal with employees on medical leave who do not communicate with the employer? At…more

Disability Discrimination, Duty to Communicate, Employer Liability Issues, Leave of Absence, Medical Leave

See all updates »

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

California Supreme Court Confirms Applicability of Derivative Waiting Time Penalty and Wage Statement Claims for Meal and Rest Period Violations

In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and…more

Adverse Employment Action, CA Supreme Court, Class Action, Derivative Suit, Employer Liability Issues

See all updates »

South Carolina Supreme Court Opens Door to Holding Drug-Testing Companies Liable for Negligence

On March 21, 2019, the South Carolina Supreme Court answered a certified question that will impact third-party vendors under contract with South Carolina employers to conduct employee drug testing…more

Drug Testing, Negligence, SC Supreme Court, Third-Party Liability

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DOL Fiduciary Rule Still a Go for June 9, but its Future Remains Uncertain

United States Department of Labor (“DOL”) Secretary Alexander Acosta recently announced that the final DOL fiduciary regulations (the “Fiduciary Rule”) will go into effect on June 9, 2017. In an op-ed in the Wall Street…more

Best Interest Contract Exemptions, Conflicts of Interest, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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DOL Clarifies the Exempt Nature of Participation in the Department of Defense’s Skill Bridge Program

In 2013 the United States Department of Defense founded Skill Bridge, a program that partners the U.S. Armed Forces with private employers to provide internships to active duty service members during their last six months of…more

Active Duty, Davis-Bacon Act, Department of Defense (DOD), Department of Labor (DOL), Fair Labor Standards Act (FLSA)

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California Creates Bereavement Leave Requirement

On September 29, 2022, Governor Newsom signed AB 1949, which creates protected bereavement leave under the California Family Rights Act (CFRA). As of January 1, 2023, AB 1949 makes it unlawful for an employer to refuse to grant…more

Bereavement Leave, California, California Family Rights Act (CFRA), Employee Benefits, Employer Liability Issues

See all updates »

Penalties for Immigration-Related Violations Continue to Rise in 2024

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act (IRCA),…more

Department of Homeland Security (DHS), Department of Justice (DOJ), Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Hiring & Firing, Immigration and Customs Enforcement (ICE)

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Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of…more

Background Checks, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reports, Deadlines

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Women’s World Cup 2023 – Equal Pay for Women in and Out of Sports

This year’s Women’s World Cup, which kicked off on July 20, 2023, has been drawing record viewers both in person and on television. As viewers watch these teams compete, many wonder whether these athletes receive pay equal to…more

Athletes, Employees, Employer Liability Issues, Equal Pay, Gender Discrimination

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Supreme Court Confirms Class Arbitration May Not Proceed Unless Expressly Permitted by the Arbitration Agreement

On April 24, 2019, in a 5-4 opinion written by Chief Justice Roberts, the U.S. Supreme Court held that even if an arbitration agreement is ambiguous as to whether classwide arbitration is permitted, that is insufficient to find…more

Ambiguous, Appeals, Arbitration, Arbitration Agreements, Class Arbitration

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Act Fast: National Labor Relations Board Guidance Memorandum Serves as a Reminder of Shortened Election Timeframe

On December 8, 2023, National Labor Relations Board (the “Board”) General Counsel Jennifer Abruzzo issued a Guidance Memorandum (“GC 24-02”) describing the practical impact of the 2023 final rule amending federal regulations…more

Corporate Counsel, Federal Labor Laws, Final Rules, New Guidance, NLRA

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U.S.-Mexico Border Crossing Restrictions Amid the COVID-19 Crisis

Given the outbreak and continued transmission and spread of COVID-19, the United States and Mexico will suspend normal border crossing operations and processes for those who are not engaged in essential travel…more

Coronavirus/COVID-19, Cross-Border, Cross-Border Transactions, International Trade, Mexico

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An Employer’s Guide to New York State’s New Lawful Absence Law

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees who…more

Adverse Employment Action, Attendance, Employee Rights, Employees, Employer Liability Issues

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Littler Global Guide - Spain - Q4 2021

Labor Reform - New Legislation Enacted - Law 32/2021 of December 28, published on December 30, 2021, provides urgency measures for labor reform, the guarantee of employment stability, and the transformation of the labor…more

Employee Benefits, Employer Liability Issues, EU, International Labor Laws, Labor Reform

See all updates »

A Return to Work Roadmap for New York Employers

After weeks or months of remote work or closed operations, businesses are understandably eager to resume normal operations and bring employees back to the workplace.  Employers must be mindful, however, of currently…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements

See all updates »

SEC Report Indicates Whistleblower Program Going Strong

Compliance professionals and attorneys received confirmation on Tuesday of what many have long expected: the U.S. Securities and Exchange Commission whistleblower program is steadily growing in scope and impact, and the SEC is…more

Anti-Retaliation Provisions, Compliance, Dodd-Frank, Popular, Securities and Exchange Commission (SEC)

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Littler Global Guide - United Kingdom - Q4 2019

Leaked Legal Advice Protected Under Privilege, Court of Appeal Holds - Precedential Decision by Judiciary or Regulatory Agency - On October 22, 2019, the UK Court of Appeal held that a leaked email, in which in-house counsel…more

Appeals, Discriminatory Intent, Dismissals, Employment Discrimination, Employment Litigation

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Costa Rica: IVM Contributions to Increase as of July 1, 2017

On June 6, 2017, the Board of Directors of the Department of Social Security (this agency is also known as “CCSS”, for its acronym in Spanish) increased the pension contributions first by .5% effective July 1, 2017, and by an…more

Costa Rica, Employee Contributions, Pensions, Social Security

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UK Trade Union Round-up: Union Powers Take a Hit as 2023 Comes to a Close

There have been more developments in the trade union world since our last trade union round-up just a few months ago, none of which are likely to be particularly welcome by trade unions. In this article we look at three key…more

Employees, Employer Liability Issues, International Labor Laws, Labor Relations, UK

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Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Littler WPI’s Election Report: How Voters Have Shaped Workplace Policy

Although the 2020 presidential election is technically behind us, razor-thin and contested elections for the presidency and Congress remain, potentially drawing out the uncertainty through the new year. As of the date of…more

Equal Pay, Federal Labor Laws, Independent Contractors, Joe Biden, Joint Employers

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Case-by-Case Analysis for the Creative Professional Exemption Applies to All Journalists, Regardless of Employer Size

On January 19, 2021, the U.S. Department of Labor (DOL) released an opinion letter analyzing the application of the Fair Labor Standards Act (FLSA) creative professional exemption to journalists…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Journalists, Minimum Salary

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New York Enacts Sweeping Changes to Independent Contractor Arrangements

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not be…more

Compensation & Benefits, Employee Definition, Employer Liability Issues, Exempt-Employees, Freelance Workers

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Newly Unveiled HEROES Act Includes Grant Program for Employers to Provide Premium Pay to Essential Workers

In addition to numerous provisions expanding paid leave and unemployment benefits, the newly introduced Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act would create a program enabling employers to provide…more

Coronavirus/COVID-19, Essential Workers, Federal Grants, Legislative Agendas, Popular

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New Laws Postpone Washington Cares Act Employee Premiums to July 1, 2023, and Require Employers to Refund any Premiums Already Collected

On January 27, 2022, Washington Governor Jay Inslee signed House Bills 1732 and 1733, delaying and amending the Washington Cares Act (WA Cares).  Notably, for employers, the bills delay the obligation to withhold WA Cares…more

Compensation & Benefits, Employee Benefits, Long Term Disability Insurance, Premiums, Washington

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Littler World Cup Matchups Part 2: Short-Term Sick Pay

The World Cup is fast approaching! Over the course of the tournament, we will be publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. In Part I of this…more

Compensation & Benefits, Employee Benefits, Employer Liability Issues, International Labor Laws, Sick Leave

See all updates »

New Jersey Court Imposes Limits on State Law’s Near-Limitless Definition of Disability

Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of “disability”…more

Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Employees, Employer Liability Issues

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Colorado Court of Appeals Decision Underscores How Employer’s Prior Breach of an Employment Agreement May Excuse an Employee from Complying with Post-Employment Obligations

In a recent decision, the Colorado Court of Appeals affirmed a lower court’s ruling that a former executive for a credit-card processing company did not breach his employment agreement when he poached company clients, because…more

Breach of Contract, Employees, Employment Contract, Employment Litigation, No-Poaching

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Dear Littler: What Do We Do If We Cannot Bring Our Employees Back From Furlough?

Dear Littler: At the start of the pandemic, our company—like countless others—had to furlough a number of our employees. We thought we’d be able to fully resume operations by the summer. Unfortunately, COVID-19 is still…more

Business Continuity Plans, Coronavirus/COVID-19, Employer Liability Issues, Furloughs, Infectious Diseases

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NLRB Expands Section 7 Protections to Include Advocacy for Non-Employees and Beyond

On August 31, 2023, the National Labor Relations Board issued its 3-1 decision in American Federation for Children, Inc. 372 NLRB No. 137, overturning Amnesty International, 368 NLRB No. 112 (2019), and dramatically expanding…more

Employee Rights, Employer Liability Issues, Federal Labor Laws, Labor Relations, NLRA

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New Oregon Law (Mostly) Aligns OFLA and Paid Leave Oregon to Prevent Employees from Stacking Leave Benefits

Since Paid Leave Oregon took effect on September 3, 2023, employees have been able to stack protected leave benefits leaving employers with staffing shortages and limited avenues to consolidate Oregon’s quagmire of leave laws…more

Anti-Stacking Provisions, Employee Benefits, Labor Reform, New Legislation, Oregon

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Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization Act…more

Aviation Industry, Delivery Drivers, Federal Aviation Administration Authorization Act of 1994 (FAAAA), Hiring & Firing, Independent Contractors

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

See all updates »

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Maine Legislative Roundup: New Employment Laws Were Enacted This Session

The First Special Session of the 131st Maine Legislature included debate about more than 2,000 bills. Many that were adopted will impact employers in the Pine Tree State…more

Employees, Employer Liability Issues, Labor Reform, New Legislation, State Labor Laws

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BIPA’s Devastating Effects on Illinois Businesses

As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employee Privacy Rights

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent…more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Coronavirus (COVID-19): Belgium

Belgium has so far been spared from coronavirus (COVID-19) outbreaks. Now that many people have returned from holidays (February 22 – March 1), however, this might change. This article provides practical guidance on employer’s…more

Belgium, Best Practices, Business Continuity Plans, China, Coronavirus/COVID-19

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DOT Preempts California Meal and Rest Breaks Laws Under Federal Hazmat Regulations

California requires an employer to provide employees who works more than five hours with a 30-minute uninterrupted, off-duty meal break (and another meal break if they work more than 10 hours)…more

Department of Transportation (DOT), Employer Liability Issues, Hazardous Substances, Motor Vehicles, PHMSA

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UK: Employee Unfairly Dismissed for Failure to Install App on Personal Phone

A recent employment tribunal case, Alsnih v. Al Quds Al-Arabi Publishing & Advertising, ruled that a journalist was unfairly dismissed for refusing to install a work-related app on her personal phone. The app was considered…more

Employees, Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing

See all updates »

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v…more

California, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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Federal Court Strikes Down Dallas Paid Sick Leave Ordinance

The U.S. District Court for the Eastern District of Texas has permanently enjoined a controversial Dallas ordinance requiring employers to provide paid sick leave benefits to certain employees. The permanent injunction took…more

Employee Benefits, Employer Liability Issues, Labor Regulations, Motion To Enjoin, Preliminary Injunctions

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OSHA Issues Proposed Rule on Improved Tracking of Workplace Injuries and Illnesses

Under current OSHA regulations, establishments with 250 or more employees in industries that are required to keep their OSHA injury and illness records must submit information from the Form 300A Injury and Illness Log…more

Corporate Counsel, Employer Liability Issues, Labor Reform, OSHA, Proposed Rules

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Littler Lightbulb: Highlighting Five Recent Developments in Latin America

Littler’s International Employment Law Practice Group includes experienced practitioners who help employers tackle local and multinational legal issues across borders. Here we shine a light on pivotal legal developments in…more

Collective Bargaining Agreements (CBA), Colombia, Contribution Limits, Domestic Partnership, Economic Downturn

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What’s New in 2022? Laws and Regulations Taking Effect in the New Year

2021 saw state and local legislatures shifting their focus away from COVID-19 measures back to traditional employment law matters. Although two states and the District of Columbia have COVID-19 related legislation going into…more

Coronavirus/COVID-19, Corporate Counsel, Disability Discrimination, Employee Benefits, Employer Liability Issues

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Top 10 Issues to Consider When Posting Workers in France

“Posting of workers,” a common practice within the European Union, refers to the assignment of an employee to work in another EU Member State (the "host country") on a temporary basis. Under this arrangement, also known as a…more

Collective Bargaining Agreements (CBA), Construction Industry, Declaration, Employee Relocations, EU

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The American Workforce Transformation – Challenges and Opportunities

Introduction - As headlines in The New York Times and other major news media tout increases in the number of employed non-farm workers, a deeper dive reflects that the labor force participation rate in June was 62.6% for the…more

Artificial Intelligence, Critical Infrastructure Sectors, Employee Training, Employees, Employer Liability Issues

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Alabama Joins Pushback on Vaccine Mandates

Alabama joined other states in pushing back against federal workplace vaccine mandates. On November 5, 2021, Alabama Governor Kay Ivey signed into law Senate Bill 9 that places new limits on Alabama employers’ ability to…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates

See all updates »

Recent Developments in South Korea’s Anti-Discrimination Laws

In the past several years, South Korea has taken significant steps towards strengthening its employment anti-discrimination law.  Although no comprehensive anti-discrimination law has yet passed, employers in Korea must take…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Confidential Information, Damages, Fines

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Circuit Courts Endorse Limiting Jurisdiction in FLSA Collective Actions

In two decisions issued on the same day, the Sixth and Eighth Circuits recently joined many district courts across the country in holding that federal courts cannot exercise jurisdiction over Fair Labor Standards Act (FLSA)…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Employment Litigation, Fair Labor Standards Act (FLSA), Forum

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California Court of Appeals Awards Attorneys' Fees to Defendant For Misappropriation of Trade Secrets Claim Brought in Bad Faith

A California appellate court recently affirmed the trial court’s ruling in Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc. that the defendant (“Maxim”) was entitled to attorney’s fees under California Civil…more

Appeals, Attorney's Fees, Bad Faith, Civil Code, Dismissals

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Ohio Adopts Provisions of the FLSA to Eliminate Hybrid Actions and to Clarify Compensable Time

Ohio Governor Mike DeWine signed Senate Bill 47 (SB 47) into law on April 6, 2022.  SB 47 goes into effect on July 6, 2022 and includes new Ohio Revised Code § 4111.031, which limits an employer’s obligation to pay overtime for…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Labor Reform, New Legislation, Opt-In

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Wisconsin Employers Can Insist Upon Unpaid Lunch Breaks, Seventh Circuit Rules

The U.S. Court of Appeals for the Seventh Circuit recently ruled that Wisconsin wage and hours laws concerning the compensability of meal periods empower employers to require that such breaks be unpaid.  In Wirth v. RLJ…more

Employer Liability Issues, Employment Litigation, Rest and Meal Break, State Labor Laws, Wage and Hour

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New Oregon Law (Mostly) Aligns OFLA and Paid Leave Oregon to Prevent Employees from Stacking Leave Benefits

Since Paid Leave Oregon took effect on September 3, 2023, employees have been able to stack protected leave benefits leaving employers with staffing shortages and limited avenues to consolidate Oregon’s quagmire of leave laws…more

Anti-Stacking Provisions, Employee Benefits, Labor Reform, New Legislation, Oregon

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An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to…more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board, as…more

Corporate Counsel, Employment Contract, Federal Trade Commission (FTC), Former Employee, Intellectual Property Protection

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California Supreme Court Determines How Flat Sum Bonuses Factor into Overtime Calculation

The California Supreme Court recently decided the question of how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period…more

Bonuses, CA Supreme Court, Compensation & Benefits, Employer Liability Issues, Employment Litigation

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California Supreme Court Reaffirms that ABC Test is Retroactive

On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior…more

ABC Test, CA Supreme Court, Dynamex, Employee Definition, Employer Liability Issues

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UK Tribunal Overturns Dismissal for Prank at Work: A Win for Workplace Banter?

A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing…more

Employee Misconduct, Employees, Employment Tribunals, Hiring & Firing, Termination

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Annual Report on EEOC Developments – Fiscal Year 2019

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Civil Rights Act, EEO-1, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Littler Global Guide - Italy - Q4 2021

COVID-19: Green Pass Mandatory in Workplaces - New Legislation Enacted - Effective October 15, 2021, Law Decree No. 127/2021 established that – until December 31, 2021 – a “Green Pass” will be required in order to access the…more

Coronavirus/COVID-19, Employer Liability Issues, EU, Infectious Diseases, International Labor Laws

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ITALY: COVID-19 (Coronavirus) – Employer FAQs

The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle mandatory lockdowns, safety and health rules,…more

Anti-Discrimination Policies, Business Continuity Plans, Centers for Disease Control and Prevention (CDC), China, Coronavirus/COVID-19

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OSHA Launches Nationwide Program Focusing on Workplace Falls

On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) to prevent and reduce workplace falls.  For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall…more

Corporate Counsel, Employees, Employer Liability Issues, NEP, OSHA

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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The E.U. Advances a Watered-Down but Nonetheless Landmark Human Rights Draft Law – What This Means for Global Employers

This summer, the European Union is expected to finalize and pass a law – albeit in a materially different form from previous versions – that will place substantial human rights obligations on global employers.  On March 15,…more

Anti-Corruption, Corporate Counsel, Corporate Social Responsibility, Due Diligence, EU

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New York Dramatically Expands Whistleblower Rights

New York has historically been known as a bedrock of employment-at-will.  Its legislature and courts were long resistant to permitting exceptions to this doctrine, such as by recognizing public policy “wrongful dismissal”…more

Anti-Retaliation Provisions, Employer Liability Issues, Labor Law Violations, Labor Reform, Labor Regulations

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Indiana Restricts Employer Vaccination Mandates

On March 3, 2022, Indiana joined several other states in imposing limits on employer COVID-19 vaccine mandate programs. Governor Holcomb signed House Bill 1001 into law, which prohibits private employers from mandating the…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Exempt-Employees, Health and Safety

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Snakes Off a Plane

Acclaimed actor Samuel L. Jackson put it best when he exclaimed in a 2006 film: “Enough is enough.  I have had it with these [expletive] snakes on this [same expletive] plane.”  With its final rule under the Air Carrier Access…more

Air Carrier Access Act (ACAA), Airlines, Americans with Disabilities Act (ADA), Department of Transportation (DOT), Emotional Support Animals

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Littler World Cup Matchups Part 6: Harassment

The World Cup quarter finals are close at hand. We have been following the games with our own matchups, comparing labor and employment laws of participating countries. Referees have borne the brunt of player ire over the course…more

Employees, Employer Liability Issues, International Labor Laws, Sexual Harassment, Workplace Harassment Guidance

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Oregon Governor Brown Announces End of COVID-19 Restrictions

On June 25, 2021, Oregon Governor Kate Brown signed Executive Order No. 21-15 (the “Recovery Order”), lifting the vast majority of Oregon’s COVID-19 restrictions as of Wednesday, June 30, 2021. The Recovery Order eliminates the…more

Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Health and Safety, Infectious Diseases

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Pennsylvania Supreme Court Changes Labor Market Survey Rules

The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In Phoenixville…more

Workers' Compensation Defense

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Santa Clara County Phases Out Vaccination Benchmarking Mandate

On May 18, 2021, the Santa Clara County Health Officer issued an order (May Order) that included a first-of-its-kind vaccination benchmarking mandate. On June 21, 2021, the Health Officer issued another order (June Order)…more

Coronavirus/COVID-19, Covered Entities, Employer Liability Issues, Employment Policies, Health and Safety

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Belgium: how to deal with the partial lockdown until 3 April 2020?

On 12 March, the Belgian government imposed additional social distancing measures to limit further outbreak of the coronavirus (COVID-19). These measures apply as of 13 March at midnight and apply through 3 April. Although…more

Belgium, China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

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EEOC Releases Expansive Proposed Regulations to Implement the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act, which became effective on June 27, 2023, expands protections for pregnant employees and applicants by requiring employers with 15 or more employees to make reasonable accommodations to known…more

Breastfeeding, Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Changes to Alabama Tax Laws Impose New Reporting Requirements on Employers

Three new rules will take effect this year that alter the overtime wages subject to Alabama withholding tax and employers’ requirements in reporting those newly exempt wages. On October 31, 2023, the Alabama Department of…more

Alabama, Employees, Employer Liability Issues, Over-Time, Regulatory Reform

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Ninth Circuit Reaffirms Only Job-Related Factors Will Excuse Pay Disparity Under Federal EPA, Prior Salary Not Job-Related

On February 27, 2020, the Ninth Circuit issued a long-anticipated decision in Rizo v. Yovino. Consistent with the Ninth Circuit’s original opinion issued in 2018, which was vacated on procedural grounds by the United States…more

Compensation & Benefits, Disparate Impact, Employment Litigation, Equal Pay, Equal Pay Act

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Germany May Ease Labor Regulations on Termination of Top Managers to Lure British Banks

On November 20, 2018, the German Ministry of Finance sent the draft of the Brexit Tax Accompanying Act (the Act) to other ministries and industry associations for their review and input…more

Banking Sector, Banks, Germany, Hiring & Firing, International Labor Laws

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Sponsoring a Group Health Plan for Employees? What Employers Need to Know About the Consolidated Appropriations Act

Many employers offer health insurance as a way to recruit and retain talent. Sponsoring a group health plan, however, can subject the employer plan sponsor to significant legal and regulatory burdens deriving from laws such as…more

Compensation & Benefits, Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans, Health Insurance

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New Year, New Workplace Fairness Act Requirements for Oregon Employers

Since October 1, 2020, Oregon employers have operated under the Workplace Fairness Act (“OWFA”), which restricts employers from including confidentiality, non-disparagement, and no-rehire provisions in settlement agreements and…more

Amended Regulation, Confidentiality Policies, Employer Liability Issues, Employment Contract, Employment Discrimination

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California Law Extends Workplace Discrimination Prohibition to Stalking Victims and Imposes New Reasonable Accommodation Requirement

California Governor Jerry Brown recently signed into law Senate Bill No. 400 (SB 400), which expands the state's current employment discrimination protections to victims of stalking. Effective January 1, 2014, SB 400 amends…more

Americans with Disabilities Act (ADA), Crime Victims, Discrimination, DLSE, Domestic Violence

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What Notable Employment Provisions are in the Tax Bill?

The first significant piece of legislation to make it to President Trump's desk, the Tax Cuts and Jobs Act (H.R. 1), includes an employer tax credit for providing paid family and medical leave, elimination of a business expense…more

Affordable Care Act, Compensation & Benefits, Corporate Taxes, Executive Compensation, Fringe Benefits

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Supreme Court Holds a Party May be Entitled to Attorneys' Fees Absent a Favorable Ruling on the Merits

On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately…more

Attorney's Fees, Corporate Counsel, EEOC v CRST Van Expedited, Equal Employment Opportunity Commission (EEOC), Frivolous Lawsuits

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Littler Global Guide - Colombia - Q2 2018

Constitutional Court Clarifies Standard for Workers Close to Acquiring the Old-Age Pension - Precedential Decision by Judiciary or Regulatory Agency - In 2017, the Constitutional Court established that a private sector…more

Colombia, Disability Discrimination, Employee Benefits, Employer Liability Issues, Hiring & Firing

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Scrapping the UK Banker Bonus Cap — What Next for Financial Services Pay?

Financial services firms regulated in the UK by both the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have long caused confusion, particularly in international financial services groups, with their…more

Bonuses, Employer Liability Issues, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry

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French Supreme Court Approves the Macron Scale for Dismissal Damages

On May 11, 2022, the French Supreme Court issued two long-awaited decisions on the statutory scale of indemnification—i.e., the Macron scale—currently applicable in cases of dismissal without cause…more

Compensation & Benefits, Employment Litigation, EU, France, French Supreme Court

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Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’ freedom…more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Hiring & Firing

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Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the…more

Algorithms, Artificial Intelligence, Bias, Data Collection, Data Protection

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New Jersey WARN Act Radically Expanded

Reducing your New Jersey workforce just became more expensive. On January 21, 2020, Governor Phil Murphy signed into law Senate Bill 3170.  This bill radically expands employers’ advance notice and severance pay obligations…more

Corporate Counsel, Employer Liability Issues, Hiring & Firing, Labor Regulations, Layoff Notices

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Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory…more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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Littler Global Guide - Puerto Rico - Q2 2019

An Employee’s Felony Indictment Constitutes Just Cause for Termination - Precedential Decision by Judiciary or Regulatory Agency - On April 25, 2019, the Puerto Rico Supreme Court held that a felony indictment constitutes…more

Caregivers, Discrimination, Employer Liability Issues, Employment Litigation, Felonies

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DC Bill Would Provide Most Generous Paid Leave Benefits in the Nation

On October 6, 2015, the District of Columbia Council introduced legislation that would establish a universal paid leave system for all DC residents and workers who are employed in DC but live elsewhere. The Universal Paid Leave…more

Corporate Counsel, Covered Employees, Employee Benefits, Family and Medical Leave Act (FMLA), Medical Leave

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The Open Texas Plan: A State and Local Update

On April 27, 2020, Texas Governor Greg Abbott issued Executive Order GA-18 (Order) regarding the reopening of Texas businesses during the COVID-19 crisis…more

Coronavirus/COVID-19, Employer Responsibilities, Operators of Essential Services, Re-Opening Guidelines, Restaurant Industry

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Long Beach, California Follows Los Angeles and Enacts its Own Mandatory Right of Recall and Worker Retention Ordinances

The City of Long Beach, California on May 19, 2020 followed in the footsteps of Los Angeles City and County and adopted its own version of the Right of Recall Ordinance (“Recall Ordinance”) and Worker Retention Ordinance…more

Coronavirus/COVID-19, Employee Retention, Hiring & Firing, Hospitality Industry, Hotels

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Littler World Cup Matchups Part 2: Short-Term Sick Pay

The World Cup is fast approaching! Over the course of the tournament, we will be publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. In Part I of this…more

Compensation & Benefits, Employee Benefits, Employer Liability Issues, International Labor Laws, Sick Leave

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Dear Littler: Do I really need to reimburse my remote employee’s phone bill, internet, and home office equipment?

We are a small company based in Milwaukee, Wisconsin that allowed some of our employees to work remotely during the pandemic. When we recently announced our plans to call employees back to home base in Milwaukee, we received…more

Business Expenses, Employees, Employer Liability Issues, Employment Policies, Reimbursements

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California SB 1159 Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims

Update: Governor Newsom signed SB 1159 into law on September 17, 2020. In May, California Governor Newsom signed Executive Order N-62-20, which created a rebuttable presumption that certain employees who test positive for…more

Coronavirus/COVID-19, Employer Liability Issues, Governor Newsom, Health & Safety Standard, Infectious Diseases

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Connecticut Legalizes Recreational Marijuana, Will Allow Employers to Continue Prohibiting Recreational Marijuana Use

Connecticut Governor Ned Lamont recently signed Senate Bill 1201, making Connecticut the 19th state to legalize recreational marijuana for adults 21 years or older.  The new law not only requires expungement of certain existing…more

Decriminalization of Marijuana, Drug Testing, Employment Policies, Labor Regulations, Marijuana

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Your Recordkeeping Data Is About to Steal the Spotlight–How to Prepare for OSHA’s Expanded E-Recordkeeping Rule

On July 21, 2023, the Occupational Safety and Health Administration (OSHA) published a final rule in the Federal Register amending its regulation on Improved Tracking of Workplace Injuries and Illnesses. The final rule becomes…more

Data Management, Electronically Stored Information, Employer Liability Issues, Final Rules, OSHA

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Hurricane Florence Approaches – What Can Employers Anticipate?

Hurricane Florence shows no sign of relenting as it barrels toward Virginia and the Carolinas. Forecasters are currently considering Florence a category 4 storm, which could strengthen by the time it makes landfall later this…more

Disaster Aid, Employer Liability Issues, Exempt-Employees, Hurricane Season, Layoff Notices

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Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home Care Industry Intensifies

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home Care…more

Companionship Exemptions, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Home Health Care, Home Healthcare Workers

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California Laws Come into Effect Regarding Off-Duty Marijuana Use

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other will…more

Adverse Employment Action, California, Decriminalization of Marijuana, Drug Testing, Employee Rights

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Illinois Poised to Protect Marijuana Users from Adverse Employment Actions as Part of Marijuana Legalization Legislation

On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Act”) (HB 1438).  The Act, notwithstanding federal law, declares marijuana a “lawful product” for state law purposes, and would make…more

Adverse Employment Action, Cannabidiol (CBD) oil, Cannabis Products, Decriminalization of Marijuana, Employee Rights

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Georgia Issues State-Wide Shelter-in-Place Order

On April 2, 2020, Governor Brian Kemp signed an Executive Order requiring Georgia residents and visitors to shelter in place within their homes or places of residence, except to engage in limited essential activities, to perform…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

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Steps Employers Can Take Before a Reduction in Force to Help Protect Trade Secrets

Layoffs are here and with them comes an often-overlooked threat: trade secret misappropriation.  Thousands of tech workers have been laid off over the last year, and 61% of business leaders say their organizations will likely…more

Employees, Employer Liability Issues, Hiring & Firing, Intellectual Property Protection, Layoffs

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Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Reversing Course, NLRB Holds Employers Have No Pre-disciplinary Bargaining Obligation

On June 23, 2020, the National Labor Relations Board issued its decision in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109 (2020), holding that employers have no duty to bargain over…more

Collective Bargaining Agreements (CBA), Corporate Counsel, Disciplinary Proceedings, NLRB, Unions

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Employers’ Duty to Bargain Over Union COVID-19 Proposals During the Term of a Collective Bargaining Agreement

Whether and how to respond to union proposals and requests to bargain are among the important questions employers face when confronting the many health, safety and economic threats posed by the COVID-19 pandemic…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Employer Liability Issues, NLRA, NLRB

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U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette…more

Actual Delivery, Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Delivery Drivers

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NLRB and OSHA Announce MOU to Strengthen Health and Safety

On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the…more

Anti-Retaliation Provisions, Employees, Memorandum of Understanding, NLRA, NLRB

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The Legislative and Ballot Initiative Landscape in Massachusetts

The Massachusetts legislature has introduced a series of employment- and labor-related bills that, if enacted, will require employers across the Commonwealth to establish, revisit or revise policies and practices. In addition,…more

Ballot Measures, Employer Liability Issues, Hiring & Firing, Labor Reform, Pending Legislation

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Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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Visa Denial Results In Imminent Deportation For Foreign Nationals

Earlier this month, the United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum providing guidance on Executive Order 13768, which called for enhancing public safety in the United States through…more

Executive Orders, Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures

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What We Know About Connecticut’s Paid Family and Medical Leave Act (and What We’re Still Learning)

On June 25, 2019, Connecticut enacted the Paid Family and Medical Leave Act (PFMLA), which creates a system that will entitle each eligible Connecticut employee to paid family leave. While payment of benefits under the law will…more

Employer Liability Issues, Paid Family Leave Law, Paid Leave, State Labor Laws, Wage and Hour

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Nevada Ends Public Accommodations COVID-19 Paid Leave

The requirement for covered public accommodations facilities in Nevada’s Clark and Washoe Counties to provide paid time off for employees experiencing COVID-19 symptoms or who have been exposed to COVID-19 expired May 17, 2023. …more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Nevada, New Guidance

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NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an…more

Collective Bargaining, Corporate Counsel, Employee Rights, Employees, Employer Liability Issues

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Big Changes to Minnesota’s Employment Laws Are Coming Soon

The Minnesota legislature has passed a sweeping Omnibus Jobs Bill that Governor Tim Walz has said he will sign. This legislation will significantly impact Minnesota employers in a variety of ways.  Among other things, it will…more

Breastfeeding, Employees, Employer Liability Issues, Labor Reform, Non-Compete Agreements

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Puerto Rico Enacts New Legislation on Remote Workers of “Out-of-State” Employers

On June 30, 2022, the governor of Puerto Rico signed into law Act No. 52 (Act 52-2022), which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011, to address the…more

Economic Presence Nexus, Employer Liability Issues, Foreign Corporations, Income Taxes, Labor Regulations

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Off-Duty Recreational Cannabis Use to be Protected in New Jersey

After contentious negotiations, Governor Phil Murphy has signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act) implementing the constitutional amendment embracing…more

Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Marijuana, New Legislation

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Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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The Gilded Wage? Nevada Voters Eliminate Two-Tier Minimum Wage System

For nearly two decades, Nevada has utilized a unique two-tier minimum wage system that permitted employers that offered qualified health benefits to employees to pay $1.00 less per hour than employers that did not offer such…more

Ballot Measures, Constitutional Amendment, Employer Liability Issues, Labor Reform, Minimum Wage

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Temperatures Sizzle at Cal/OSHA Standards Meeting After Indoor Heat Illness Proposal Removed from Agenda

The regular monthly meeting of the Cal/OSHA Standards Board on March 21, 2024 was anything but regular.  The agenda had included voting on a proposed indoor heat illness prevention standard that has been under development for…more

Cal-OSHA, California, Employer Liability Issues, Health and Safety, Heat Exposure

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California Could Revive the Industrial Welfare Commission

As happens this time every year in California, legislators and the governor are crafting a state budget for the upcoming fiscal year. The budget bill currently under consideration in Sacramento contains a startling and momentous…more

California, Employees, Employer Liability Issues, Health and Welfare Plans, IWC

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New York Department of Labor Releases Final Regulations for State Sick Leave Law

On December 22, 2021, the New York Department of Labor (Department) issued final regulations regarding the New York State Sick Leave Law (NYSSLL), which has been in effect since September 30, 2020. The final regulations do not…more

Corporate Counsel, NYDOL, Paid Leave, Paid Time Off (PTO), Sick Leave

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Maryland Enters Stage Three of the “Maryland Strong: Road to Recovery” Plan

Maryland Governor Hogan moved the state into Stage Three of its reopening plan on September 4, 2020 at 5:00 p.m. in Order 20-09-01-01. This move permits practically all Maryland businesses to open, including theaters. …more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Health and Safety, Infectious Diseases

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Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers.  The new law, which went into effect immediately, obligates…more

Compliance, Employment Policies, FEPA, Leave of Absence, Paid Time Off (PTO)

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Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications for Employers on the Horizon

On December 6, 2023, the Supreme Court of the United States (SCOTUS) heard arguments in Muldrow v. City of St. Louis, Missouri—a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a…more

Adverse Employment Action, Civil Rights Act, Corporate Counsel, Diversity and Inclusion Standards (D&I), Employer Liability Issues

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Florida Issues Emergency Rule and FAQs on its Vaccine Mandate Law

After the passage of Florida Statute 381.00317 on November 17, 2021, employers with employees in Florida were left with new rules relating to COVID-19 vaccination policies, in many instances contrary to the signaled direction of…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Federal v State Law Application, Florida

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Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam 529…more

Administrative Law Judge (ALJ), Asset Purchaser, Corporate Counsel, Employment Contract, Fringe Benefits

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Washington State Wildfire Smoke Rules Impose New Employer Requirements

As many Washington residents are aware, wildfires, and wildfire smoke, are becoming an increasingly regular occurrence. The increase in wildfires has often led to days—or even weeks—of smoky air throughout the state…more

Air Quality Standards, Emergency Management Plans, Employees, Employer Liability Issues, Environmental Policies

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Crash Course in U.S. Employment Law: How a Multinational Based Outside the United States Can Avoid Big Mistakes Managing a U.S. Workforce

Every country’s own legal system is of course unique. Local laws vary significantly even between next-door neighbors―French law differs significantly from German, Venezuelan law is unlike Colombian, and Thailand’s laws are quite…more

Corporate Counsel, Employees, Employer Liability Issues, Employment Contract, Federal Labor Laws

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

See all updates »

Key Provisions of the UK’s New Employment (Allocation of Tips) Act 2023

The Employment (Allocation of Tips) Bill received Royal Assent in May, becoming the Employment (Allocation of Tips) Act 2023 (the “Act”), and is expected to come into force in May 2024. The Act has been introduced after research…more

Allocation of Funds, Employer Liability Issues, International Labor Laws, Tipped Employees, Tips

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WPI Labor Day Report 2021

Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and…more

Department of Labor (DOL), Employer Mandates, Equal Employment Opportunity Commission (EEOC), Labor Regulations, Labor Relations

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Recent and Upcoming Changes to Oregon Pregnancy & Childbirth Accommodations Laws

Women with children are the fastest-growing segment of the workforce. Six in every ten new mothers are working.  Against that backdrop, the Oregon legislature recently enacted two new laws, changing and clarifying the rules…more

Breastfeeding, Disability Discrimination, Employer Liability Issues, Employment Policies, Labor Regulations

See all updates »

French Court Finds Gig Platform Workers Are Independent Contractors, Not Employees

A recent decision issued in France indicates that whether a gig worker is an independent contractor or employee is a fact-specific inquiry. In this case decided last month, delivery platform Stuart, a subsidiary of the group La…more

Corporate Counsel, Employee Definition, Employer Liability Issues, France, Gig Economy

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Massachusetts High Court’s Ruling on the Domestic Violence and Abuse Leave Act Holds Lessons for Employers

On August 25, 2021, the Supreme Judicial Court (SJC), the highest court in Massachusetts, ruled on the elements of a retaliation claim under the Domestic Violence and Abuse Leave Act (DVLA)…more

Adverse Employment Action, Anti-Retaliation Provisions, Domestic Violence, Employer Liability Issues, Hiring & Firing

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Act Fast: National Labor Relations Board Guidance Memorandum Serves as a Reminder of Shortened Election Timeframe

On December 8, 2023, National Labor Relations Board (the “Board”) General Counsel Jennifer Abruzzo issued a Guidance Memorandum (“GC 24-02”) describing the practical impact of the 2023 final rule amending federal regulations…more

Corporate Counsel, Federal Labor Laws, Final Rules, New Guidance, NLRA

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CMS Withdraws COVID-19 Vaccine Mandate

In conjunction with the Biden administration’s declaration that the COVID-19 national public health emergency ended effective May 11, 2023, the Centers for Medicare and Medicaid Services (CMS) announced it would “soon end” its…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues

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"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation

A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not…more

Automotive Industry, Class Action, Collective Bargaining, Minimum Wage, Piece-Rate Pay

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Conflict Between Florida Preemption Statute and Miami Beach Minimum Wage Ordinance Emerges Amidst Ongoing Litigation

A conflict between a Florida state preemption statute and the City of Miami Beach’s minimum wage ordinance is coming to bear.  The end result of the pending litigation on the subject will likely determine the extent to which…more

Local Ordinance, Minimum Wage, Preemption, Wage and Hour

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Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Texas Governor Abbott Bars Employers and Individuals from Compelling COVID-19 Vaccines

On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40, which states that no entity in Texas can “compel” any individual, including any employee or consumer, to receive a COVID-19 vaccination who objects…more

Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Employer Mandates, Executive Orders

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City of Philadelphia Announces Food Establishment Vaccine Mandate

In response to rising COVID-19 case rates, on December 13, 2021, the Philadelphia Department of Health announced a vaccine mandate for patrons and staff of all establishments that sell food or drink for on-site consumption…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues, Employer Mandates

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DOL Rule Imposes Significant Increases in Penalties for Employee Benefit Plan Violations

On June 30, 2016, the U.S. Department of Labor (“DOL”) issued an interim final rule that significantly increases various penalties under the Employee Retirement Income Security Act of 1974 (“ERISA”). The interim rule is the…more

Automatic Enrollment, Blackout Rules, Children's Health Insurance Program (CHIP), Civil Monetary Penalty, Corporate Counsel

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German works council elections 2022 - What do employers need to know?

The election for the German Parliament is just in the books, but the next election is already coming up: The 2022 works council election. Next year, regular works council elections will be held between March 1 and May 31. The…more

Employer Liability Issues, EU, Germany, International Labor Laws, Works Council

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Mexico: New Provisions Give Domestic Workers Access to Social Security and Health Care Benefits

On March 29, 2019, Mexico’s government launched the Pilot Program to Register Domestic Workers to the Mandatory Social Security Regime, allowing domestic workers to have access to social security and health care benefits. …more

Domestic Workers, Employee Benefits, Health Insurance, Mexico, Social Security

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Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12, 2023,…more

Adverse Employment Action, Burden-Shifting, Civil Rights Act, Corporate Counsel, Employees

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False Claims Act Retaliation in 2021

False Claims Act Retaliation in 2021 - INTRODUCTION - A corporate whistleblower can create more financial, organizational, and reputational damage to an employer by using the federal False Claims Act (FCA), 31 U.S.C. §…more

Anti-Kickback Statute, Anti-Retaliation Provisions, Causation, False Claims Act (FCA), Qui Tam

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Ninth Circuit Finds Auto 'Service Advisors' Not Exempt Under FLSA

In Navarro v. Encino Motorcars, LLC (9th Cir. Mar. 24 2015), the U.S. Court of Appeals for the Ninth Circuit addressed an issue of first impression in the Circuit: whether individuals who worked for automobile dealerships as…more

Appeals, Automotive Industry, Car Dealerships, Corporate Counsel, Exempt-Employees

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Littler World Cup Matchups Part 6: Harassment

The World Cup quarter finals are close at hand. We have been following the games with our own matchups, comparing labor and employment laws of participating countries. Referees have borne the brunt of player ire over the course…more

Employees, Employer Liability Issues, International Labor Laws, Sexual Harassment, Workplace Harassment Guidance

See all updates »

Minnesota Is Poised to Enact a Law Banning Virtually All Non-Compete Agreements

A proposed law banning virtually all covenants not to compete (also known as non-compete agreements) is headed to the Minnesota State Senate and House of Representatives, where it is widely expected to pass.  Once it arrives on…more

Corporate Counsel, Employees, Employer Liability Issues, Employment Contract, Forum Selection

See all updates »

Probing in Procurement – Recent Decisions May Prompt Review of Supplier Diversity Programs

A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional.  While the court’s decision…more

Business Ownership, Constitutional Challenges, Discrimination, Diversity, Diversity and Inclusion Standards (D&I)

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Philadelphia Expands Employment Protections for Domestic Workers

Effective May 1, 2020, Philadelphia became the tenth jurisdiction to enact employment legislation to protect domestic workers. The Philadelphia Domestic Worker Bill of Rights (DWBR) requires companies and individuals who employ…more

Covered Employees, Domestic Workers, Employee Rights, Employment Contract, Home Healthcare Workers

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Robust Action Helps Recidivist Employer Reduce Penalty for Alleged Bribery in South Africa and Indonesia

In the first major action of 2024, the Department of Justice (DOJ) announced it had entered into a three-year deferred prosecution agreement (DPA) with a publicly traded global software company for alleged violations of the…more

Anti-Bribery, Books & Records, Bribery, Corruption, Department of Justice (DOJ)

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Updated California Paid Sick and Safe Leave FAQs Address January 1, 2024 Changes

On December 12, 2023, California’s Labor Commissioner revised its FAQs to address changes that will occur on January 1, 2024, to the Healthy Workplaces Healthy Families Act (HWHFA), the statewide paid sick and safe leave law…more

Employees, Employer Liability Issues, Healthy Workplaces Healthy Families Act 2014, Labor Reform, Paid Time Off (PTO)

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Illinois Federal Court Holds that a Pension Rehabilitation Plan Fund Used an Improper High-Contribution Rate in Withdrawal Liability Calculations

On March 29, 2024, the U.S. District Court for the Northern District of Illinois issued its decision in Central States, Southeast and Southwest Areas Pension Fund v. Event Media, Inc. In a matter of first impression for federal…more

Compensation & Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Contributions, Multiemployer Pension Plan Amendments Act (MPPAA)

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New Missouri Law Requires Employers to Provide Unpaid Leave & Other Accommodations for Victims of Domestic or Sexual Violence

Effective August 28, 2021, Missouri employers with at least 20 Missouri employees must provide unpaid leave for employees who are victims of domestic or sexual violence (as defined by state statute) or have family or household…more

Domestic Violence, Employee Rights, Employer Liability Issues, Sexual Assault, State Labor Laws

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New Illinois and Chicago Laws for 2024

Illinois state and local legislatures kept busy in 2023 with the enactment of numerous new labor and employment laws, including significant changes to paid and sick leave for employees and new protections for temporary laborers…more

Ban the Box, City of Chicago, Employee Benefits, Employer Liability Issues, Illinois

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Eleventh Circuit Concludes that Property Damage Investigators Do Not Fall Under FLSA’s Administrative Exemption

In Fowler v. OSP Prevention Group, Inc., the U.S. Court of Appeals for the Eleventh Circuit relied on Department of Labor guidance to conclude that property damage investigators do not qualify for the Fair Labor Standards Act’s…more

Administrative Exemption, Appeals, Employees, Employer Liability Issues, Employment Litigation

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PBGC Issues Proposed Rule on Withdrawal Liability Actuarial Interest Rate Assumptions

On October 14, 2022, the Pension Benefit Guaranty Corporation (PBGC), the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the Employee Retirement Income Security Act of…more

Comment Period, Defined Benefit Plans, Employee Benefits, PBGC, Pension Reform

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Sponsoring a Group Health Plan for Employees? What Employers Need to Know About the Consolidated Appropriations Act

Many employers offer health insurance as a way to recruit and retain talent. Sponsoring a group health plan, however, can subject the employer plan sponsor to significant legal and regulatory burdens deriving from laws such as…more

Compensation & Benefits, Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans, Health Insurance

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Updated California Paid Sick and Safe Leave FAQs Address January 1, 2024 Changes

On December 12, 2023, California’s Labor Commissioner revised its FAQs to address changes that will occur on January 1, 2024, to the Healthy Workplaces Healthy Families Act (HWHFA), the statewide paid sick and safe leave law…more

Employees, Employer Liability Issues, Healthy Workplaces Healthy Families Act 2014, Labor Reform, Paid Time Off (PTO)

See all updates »

NLRB Rejects Browning-Ferris and Returns to Prior Joint-Employer Standard that Benefits Union and Non-Union Employers Alike

On December 14, 2017, just two days before the end of Chairman Philip Miscimarra’s term, the new Republican majority at the National Labor Relations Board continued its shift in labor policy and issued yet another reversal of…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Deregulation, Hiring & Firing, Joint Employers

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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(Not So) Frozen in Time—Colorado District Court Enters Section 10(j) Order Preventing Hospital from Withholding Across-the-Board Wage Increases to Union Members Following Election

On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont…more

Administrative Law Judge (ALJ), Compensation & Benefits, Employees, Exempt-Employees, Health Care Providers

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Big Changes to Minnesota’s Employment Laws Are Coming Soon

The Minnesota legislature has passed a sweeping Omnibus Jobs Bill that Governor Tim Walz has said he will sign. This legislation will significantly impact Minnesota employers in a variety of ways.  Among other things, it will…more

Breastfeeding, Employees, Employer Liability Issues, Labor Reform, Non-Compete Agreements

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Big Changes to Minnesota’s Employment Laws Are Coming Soon

The Minnesota legislature has passed a sweeping Omnibus Jobs Bill that Governor Tim Walz has said he will sign. This legislation will significantly impact Minnesota employers in a variety of ways.  Among other things, it will…more

Breastfeeding, Employees, Employer Liability Issues, Labor Reform, Non-Compete Agreements

See all updates »

New Virginia Wage and Hour and Pregnancy Discrimination/Accommodation Laws Effective July 1, 2020 Significantly Expand Employees’ Rights

Businesses of all sizes have, understandably, been consumed by how to address the numerous pressing issues that the COVID-19 pandemic has wrought.  As a result, it can be easy to lose sight of the dramatic changes to Virginia…more

Administrative Remedies, Department of Labor (DOL), Double Damages, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Turn on the Lights: New York Mandates Transparency in Electronic Monitoring

While employers generally provide some form of notice of electronic monitoring, as a matter of practice, in their employee handbook, New York now requires transparency about workplace monitoring as a matter of law…more

Electronic Communications, Employee Monitoring, Employee Privacy Rights, Employee Rights, Employer Liability Issues

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Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment…more

Anti-Retaliation Provisions, Background Checks, Corporate Counsel, Credit Reports, Employee Credit Checks

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Littler Lightbulb: February Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month…more

Americans with Disabilities Act (ADA), Anti-Retaliation Provisions, Appeals, Appellate Courts, Dodd-Frank

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U.S. Enacts Law Barring Products Made with Forced Labor in China

On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (the “Act”), which bars the importation into the United States of products made from forced labor in the Xinjiang region of China. …more

Biden Administration, China, Corporate Social Responsibility, Due Diligence, Employer Liability Issues

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Rhode Island’s Amended Payment of Wages Act Now Imposes Felony Penalties on Employers

Effective January 1, 2024, the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (“Wage Act”) will make a “knowing[] and willful[]” wage and hour violation punishable as a criminal felony.  Should an employer,…more

Amended Regulation, Criminal Liability, Employer Liability Issues, Independent Contractors, Labor Law Violations

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Tennessee Expands Anti-Bullying Law to Private Employers

Tennessee recently amended its Healthy Workplace Act (Act), which seeks to prevent abusive conduct at work, to cover private employers…more

Amended Legislation, Anti-Bullying Laws, Employer Liability Issues, Employment Policies, Harassment

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WARNing: Amendments to the New York WARN Act Regulations are Now in Effect

Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some of…more

Amended Regulation, Corporate Counsel, Employer Liability Issues, Hiring & Firing, Labor Reform

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Massachusetts Attorney General Creates a "Safe Harbor" From the Requirements of the Massachusetts Sick Leave Law

The Massachusetts Attorney General recently issued a supplemental regulation to the state's new sick leave law that aims to provide a "safe harbor" to Massachusetts employers that had qualifying paid time off ("PTO") policies…more

Attorney General, Paid Time Off (PTO), Safe Harbors, Sick Leave, Vacation Pay

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Reopening Florida: The Step-by-Step Plan for Florida’s Recovery

The impacts of COVID-19 have been felt in every corner of Florida and have dramatically affected the way that we do business, the way we interact, and the way we live.  This article offers guidance on Florida’s progress toward…more

Amusement Parks, Child Care, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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Utah Enacts Law Allowing Employers to Obtain Workplace Violence Protective Orders

On March 14, 2023, Utah Governor Spencer J. Cox signed HB 324 into law amending Utah’s protective order statute to allow employers to petition for and obtain workplace violence protective orders against an individual who has…more

Employees, Employer Liability Issues, Labor Reform, New Legislation, Protective Orders

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South Carolina Supreme Court Upholds Governor’s Early Termination of Federal Unemployment Benefits

In a recent opinion, the South Carolina Supreme Court unanimously agreed with the lower court’s dismissal of a lawsuit brought by four individuals to challenge Governor Henry McMaster’s decision to end federal unemployment…more

Coronavirus/COVID-19, Infectious Diseases, Relief Measures, SC Supreme Court, Unemployment Benefits

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Indiana Restricts Employer Vaccination Mandates

On March 3, 2022, Indiana joined several other states in imposing limits on employer COVID-19 vaccine mandate programs. Governor Holcomb signed House Bill 1001 into law, which prohibits private employers from mandating the…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Exempt-Employees, Health and Safety

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U.S. Department of Justice and SEC Release Long-Awaited Guidance on Foreign Corrupt Practices Act

On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released their long-awaited guidance on the Foreign Corrupt Practices Act (FCPA). A Resource Guide to the US Foreign Corrupt…more

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New York City Passes Bill Requiring Employers to Provide an “Employee Bill of Rights” to All Employees Regardless of Immigration Status

On December 3, 2023, the New York City Council passed a bill requiring the Department of Consumer and Worker Production (DCWP), in coordination with the Mayor’s Office of Immigrant Affairs (MOIA), the New York City Commission on…more

City of New York, Corporate Counsel, Employee Rights, Employees, Employer Responsibilities

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National Labor Relations Board Proposes Rulemaking Concerning Certain Union Representation Processes

On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103.  The first…more

Collective Bargaining, Construction Industry, Employee Rights, Labor Law Violations, Labor Regulations

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Colorado Expands Reasons Employees Can Use Paid Sick Leave

On June 2, 2023, Governor Jared Polis signed into law Senate Bill 23-017, which expands the reasons employees can use paid sick leave under Colorado’s Healthy Families & Workplaces Act (HFWA). In addition to the health and…more

Colorado, Employees, Employer Liability Issues, Labor Reform, New Legislation

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Another Brick in the WALL: New Jersey’s Latest Tool Targeting Businesses for Violating State Wage, Benefit, and Tax Law

On August 8, 2023, the Office of Strategic Enforcement and Compliance (OSEC) within the New Jersey Department of Labor and Workforce Development (the “NJDOL” or the “Department”) launched The WALL – the Workplace Accountability…more

Employee Benefits, Employer Liability Issues, Employment Tax, Enforcement Guidance, Labor Law Violations

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U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette…more

Actual Delivery, Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Delivery Drivers

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Sponsoring a Group Health Plan for Employees? What Employers Need to Know About the Consolidated Appropriations Act

Many employers offer health insurance as a way to recruit and retain talent. Sponsoring a group health plan, however, can subject the employer plan sponsor to significant legal and regulatory burdens deriving from laws such as…more

Compensation & Benefits, Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans, Health Insurance

See all updates »

Ohio Adopts Provisions of the FLSA to Eliminate Hybrid Actions and to Clarify Compensable Time

Ohio Governor Mike DeWine signed Senate Bill 47 (SB 47) into law on April 6, 2022.  SB 47 goes into effect on July 6, 2022 and includes new Ohio Revised Code § 4111.031, which limits an employer’s obligation to pay overtime for…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Labor Reform, New Legislation, Opt-In

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New York City Council Passes Bill that Would Create a Private Right of Action under the Earned Safe and Sick Time Act

On December 20, 2023, the New York City Council passed a bill (Proposed Int. No. 563-A) that would create a private right of action to seek damages and other relief for violations of New York City’s Earned Safe and Sick Time Act…more

City of New York, Corporate Counsel, Employee Benefits, Labor Reform, Local Ordinance

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SCOTUS: Retaliatory Intent Not an Element of SOX Retaliation Claim

The Supreme Court resolved a circuit split on February 8, 2024, when it issued its opinion in Murray v. UBS Securities, LLC, holding that a whistleblower need not prove that the employer acted with “retaliatory intent” in order…more

Adverse Employment Action, Hiring & Firing, Murray v UBS Securities LLC, Retaliation, Sarbanes-Oxley

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Littler's 2019 European Employer Survey Report - November 2019

European companies are navigating a variety of social and equality-related issues impacting their workplaces and, according to Littler’s second annual European Employer Survey, are increasingly channeling their concerns into…more

#MeToo, Artificial Intelligence, Diversity, Employer Liability Issues, Equal Pay

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New York State Launches New Hotline for Workplace Sexual Harassment Complaints

Earlier this year, Governor Kathy Hochul signed into law S.812B/A.2035B, which amended the New York State Human Rights Law, N.Y. Exec. Law § 296, to require the establishment of a state-wide, toll-free, confidential hotline for…more

#MeToo, Anti-Harassment Policies, Complaint Procedures, Employees, Employer Liability Issues

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Publicly Traded Employers Will Need to Claw Back Incentive Pay from Former and Current Executive Officers

Employers with stock listed on a national security exchange will become subject to a new final rule mandating the implementation of a policy that will require employers to recoup incentive-based compensation from officers who…more

Clawbacks, Corporate Governance, Executive Compensation, Final Rules, Financial Statements

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

West Virginia Enacts Legislation to Clarify Worker Classification

Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the “Act”), which goes into effect on June 9, 2021.  The legislation provides standards for determining…more

Employee Definition, Employer Liability Issues, Freelance Workers, Gig Economy, Hiring & Firing

See all updates »

New York City Passes Bill Requiring Employers to Provide an “Employee Bill of Rights” to All Employees Regardless of Immigration Status

On December 3, 2023, the New York City Council passed a bill requiring the Department of Consumer and Worker Production (DCWP), in coordination with the Mayor’s Office of Immigrant Affairs (MOIA), the New York City Commission on…more

City of New York, Corporate Counsel, Employee Rights, Employees, Employer Responsibilities

See all updates »

Annual Report on EEOC Developments – Fiscal Year 2019

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Civil Rights Act, EEO-1, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

See all updates »

The Next Normal: A Littler Insight on Returning to Work – Recalling Furloughed Employees and the Rehire Process

After COVID-19 abates, employers may determine that they cannot return all employees to the workforce. Some employers may need to recall employees on a slower timeline depending on demand, social distancing imperatives, and the…more

Background Checks, Coronavirus/COVID-19, Drug Testing, Employer Responsibilities, Form I-9

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Mississippi Legalizes Medical Cannabis

On February 2, 2022, Mississippi became the latest state to create a medical marijuana law.  The Mississippi Medical Cannabis Act (MMCA) became effective immediately upon Governor Tate Reeves’s signature. Prior to enacting the…more

Adverse Employment Action, Employer Liability Issues, Employment Policies, Marijuana, Medical Marijuana

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March 2024 UK Immigration Statement of Changes: What Employers Need to Know

Introducing the latest UK Immigration Rules Statement of Changes, Legal Immigration Minister Tom Pursglove announced that they will “deliver the biggest ever cut to migration over the course of this year.”…more

Employee Transfers, EU, Foreign Nationals, Foreign Workers, Highly-Skilled Workers Visa

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Dear Littler: How should we handle anonymous complaints?

Dear Littler, I’m the CEO of a fast-growing company. A team of sales executives reports to me and each has a large team of sales employees that reports to them. Last week someone anonymously emailed HR complaining about…more

#MeToo, Complaint Procedures, Corporate Culture, Employer Liability Issues, Employment Policies

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Restricciones de la Frontera de México-Estados Unidos Ante el COVID-19

Debido a la pandemia COVID-19 el gobierno de los Estados Unidos y México suspenderá las operaciones y procesos normales salvo aquellos que no estén involucrados en “viajes esenciales.”…more

Coronavirus/COVID-19, Foreign Workers, Immigration Procedures, International Travel, Mexico

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Colorado Supreme Court Finds Policies Requiring Forfeiture of Earned Vacation Unlawful

On June 14, 2021, the Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, holding that company policies that provide for the forfeiture of earned vacation pay are unenforceable under Colorado law…more

Accrued Benefits, CO Supreme Court, Employee Benefits, Employer Liability Issues, Employment Litigation

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WPI Labor Day Report 2018

Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of the…more

ADEA, Affordable Care Act, Age Discrimination, Association Health Plans, Ban the Box

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Colorado Enacts Legislation Restricting Employers from Requesting Age-Related Information from Job Applicants

On June 2, 2023, Colorado Governor Jared Polis signed into law Senate Bill 23-058, the Job Application Fairness Act (JAFA), prohibiting employers from inquiring about a job applicant’s age during the hiring process. JAFA’s…more

Age Discrimination, Colorado, Employer Liability Issues, Hiring & Firing, Job Applicants

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CMS Withdraws COVID-19 Vaccine Mandate

In conjunction with the Biden administration’s declaration that the COVID-19 national public health emergency ended effective May 11, 2023, the Centers for Medicare and Medicaid Services (CMS) announced it would “soon end” its…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues

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Chicago Clarifies that its Anti-Harassment Law Applies to all Employers with Employees Working in Chicago

Last year, the Chicago City Council amended the City’s sexual harassment ordinance for the express purpose of promoting zero tolerance of violence and harassment in the workplace. The amendments, effective July 1, 2022,…more

#MeToo, Anti-Harassment Policies, City of Chicago, Employees, Employer Liability Issues

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July is the New January – New State Laws Do Not Take the Summer Off

It used to be that employers had the luxury of waiting until January 1 to be vigilant for new employment laws and compliant challenges.  For the past several years, we have reported on employment and labor laws taking effect…more

Compensation & Benefits, Coronavirus/COVID-19, Corporate Counsel, Employee Benefits, Employer Liability Issues

See all updates »

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to…more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

EEOC Provides Additional Guidance on EEO-1 Component 2 Information

Now that the 2018 EEO-1 Component 1 filing deadline has passed, employers have been anxiously awaiting additional information on the requirements for filing 2017 and 2018 Component 2 compensation data due September 30, 2019…more

Compensation & Benefits, Corporate Counsel, Data Collection, EEO-1, Employer Liability Issues

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Upcoming Changes to NIH Harassment and Hostile Work Environment Reporting Requirements

The National Institutes of Health (NIH) requires recipient institutions—i.e., any entity receiving funding from the NIH—to have policies that foster a harassment-free environment. Recipient institutions are required to establish…more

Anti-Harassment Policies, Code of Conduct, Employer Liability Issues, Healthcare, Healthcare Facilities

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Georgia Courts May Not Apply Foreign Law to Restrictive Covenants That Do Not Comply with the Georgia Restrictive Covenants Act

On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision…more

Application of Foreign Laws, Choice-of-Law, Employer Liability Issues, Employment Contract, GA Supreme Court

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Michigan Governor Announces State Will Open to Full Capacity June 22

In a tremendous move toward pre-pandemic standards, Governor Whitmer announced that beginning June 22, 2021 nearly all COVID related orders will be lifted and Michigan will resume all activities. Capacity in both indoor and…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Responsibilities, Health and Safety

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California Supreme Court Confirms Applicability of Derivative Waiting Time Penalty and Wage Statement Claims for Meal and Rest Period Violations

In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and…more

Adverse Employment Action, CA Supreme Court, Class Action, Derivative Suit, Employer Liability Issues

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Colorado Pay Transparency Amendments Go Live January 1, 2024, Requiring Application Deadlines and Post-Selection Notices

Colorado employers face additional requirements as of January 1, 2024 to comply with the amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA), which originally took effect in 2021.  Most notably, employers will be…more

Colorado, Employer Liability Issues, Labor Reform, Pay Transparency, State Labor Laws

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Are We There Yet? California Appellate Court Rules There Is No Statutory Cap for Pregnancy-Disability Leave

The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21,…more

Appeals, California Family Rights Act (CFRA), Disability, Disability Leave, FEHA

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A PPP Dilemma: Can Employers Exclude Employees Who Refuse to Return to Work from their Loan Forgiveness Calculation?

One of the most enticing reasons to obtain a loan under the Paycheck Protection Program (PPP) is the potential for the loan’s forgiveness. The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act authorized the…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Federal Loans, Loan Forgiveness

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Washington State Institutes Supplemental Paid Sick Leave Requirement for Food Production Workers

On August 13, 2020, Governor Jay Inslee issued Proclamation 20-67: Food Production Workers Paid Leave. Proclamation 20-67 modifies previous proclamations to prohibit any food production employer from continuing to operate…more

Agribusiness, Coronavirus/COVID-19, Food Manufacturers, Food Supply, Infectious Diseases

See all updates »

NY Attorney General Schneiderman Declares “War” on Non-Compete Agreements That He Perceives as Overbroad

In an initiative that is virtually without precedent in New York, in the past two months (June 15, June 22 and August 4) Attorney General Schneiderman announced agreements with three separate companies in three different…more

Attorney General, Competition, Corporate Counsel, Employees, Employer Liability Issues

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As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes

With just days remaining in the legislative session, Minnesota lawmakers remain on track to legalize recreational marijuana, significantly modify the state’s drug-testing law, and limit employers’ rights to prohibit employee…more

Cannabis Products, Decriminalization of Marijuana, Drug Testing, Employee Rights, Employer Liability Issues

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Proposed Rule Expands HRA Usage and Forecasts Safe Harbors for ACA Employer Mandate Compliance

The Departments of the Treasury, Labor, and Health and Human Services (collectively, the “Departments”) recently released a proposed rule to expand the use of health reimbursement arrangements (HRAs) and other account-based…more

Affordable Care Act, Comment Period, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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OMB Announces New Agency Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity

On March 29, 2024, the Office of Management and Budget (OMB) published revisions to Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15). These…more

Data Collection, Data Management, Equal Employment Opportunity Commission (EEOC), Federal Contractors, Federal Labor Laws

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OMB Announces New Agency Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity

On March 29, 2024, the Office of Management and Budget (OMB) published revisions to Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15). These…more

Data Collection, Data Management, Equal Employment Opportunity Commission (EEOC), Federal Contractors, Federal Labor Laws

See all updates »

New York Amends Workplace Violence Prevention Law to Extend Coverage to Public Schools

Since 2006, public employers in New York have been required to implement programs to prevent and minimize workplace violence. Public school employers, including public school districts, New York City public schools, Boards of…more

Educational Institutions, Employer Liability Issues, New Legislation, New York, NYDOL

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Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis…more

Adverse Employment Action, Connecticut, Drug Testing, Employees, Employer Liability Issues

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Montana Legalizes Marijuana for Recreational Use and Will Protect Lawful Off-Work Use

Montana Governor Greg Gianforte recently signed two bills designed to establish the framework for recreational cannabis and to begin to implement Constitution Initiative 118 (CI-118) and Initiative 190 (I-190), which were…more

Corporate Counsel, Drug Testing, Employment Policies, Marijuana, Recreational Use

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COSTA RICA: COVID-19 (Coronavirus) – Employer FAQs

Given COVID-19’s rapid spread and implications, employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, privacy of employees’ health information, compensation, and…more

Anti-Discrimination Policies, Best Practices, Business Continuity Plans, China, Coronavirus/COVID-19

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New Law Governs Immigrant Worksite Enforcement Actions in California

On October 5, 2017, California Governor Jerry Brown signed into law Assembly Bill 450 (“AB 450”), imposing new requirements for public and private employers regarding immigration worksite enforcement actions by Immigration and…more

Business Interruption, Deportation, Employer Liability Issues, Employment Eligibility Verification, Form I-9

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México Pone En Marcha Un Nuevo Protocolo De Inspección Laboral Con Perspectiva De Género

El 7 de marzo de 2024, la Secretaría del Trabajo y Previsión Social (STPS) publicó un Protocolo para la Inspección Laboral con Perspectiva de Género, diseñado como una herramienta para que los inspectores laborales evalúen el…more

Gender Equity, International Labor Laws, Labor Inspectors, Labor Law Violations, Labor Reform

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Littler Global Guide - Puerto Rico - Q4 2021

Governor Issues New Executive Order Providing for New Vaccination Mandates - New Order or Decree - On November 15, 2021, Puerto Rico’s Governor issued Executive Order No. 2021-075 (EO 2021-075), which integrates prior…more

Arbitration Agreements, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates

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Maryland Modifies its Paid Family and Medical Leave Insurance Program

Approximately one year ago, the Maryland General Assembly passed the Time to Care Act of 2022 (SB 275/HB8). Maryland became the eleventh state (in addition to the District of Columbia) to adopt a statewide family and medical…more

Employee Benefits, Employees, Employer Liability Issues, Labor Reform, Maryland

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California Supreme Court Expands the Reach of the California Prevailing Wage Law

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined.  This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and…more

CA Supreme Court, Labor Code, Labor Regulations, Prevailing Wages, Wage and Hour

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Puerto Rico: Breach of Contract Claims in the COVID-19 Age and the “Force Majeure” Defense: Considerations for Employers

The term “force majeure” takes us on a trip down memory lane to the law school classroom where our contracts professor spoke of antiquated doctrines of limited practical use. Or so we thought. As the COVID-19 outbreak continues…more

Act of God, Boilerplate Language, Business Interruption, Collective Bargaining Agreements (CBA), Contract Disputes

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China’s New Cross-Border Data Transfer Rules Substantially Reduce Compliance Burdens for Multinational Employers

Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data…more

China, Data Privacy, Data Protection, Employer Liability Issues, International Data Transfers

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New Pennsylvania COVID-19 Grant Program Helps Employers Provide Hazard Pay to Employees in Life-Sustaining Occupations

On July 16, 2020, Pennsylvania Governor Tom Wolf announced the COVID-19 PA Hazard Pay Grant Program—a $50 million grant aimed to help employers provide hazard pay to “front-line” employees working in sectors that are vital to…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Workers, Hazard Pay, Operators of Essential Services

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NLRB Drops its “Subgroup Majority Status” Test to Determine Whether Faculty are Exempt Managerial Employees

On February 19, 2021, the National Labor Relations Board (Board) modified its test for determining whether faculty at private colleges and universities should be excluded as managerial employees from the right to union…more

Educational Institutions, Exempt-Employees, Faculty, Labor Relations, NLRA

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Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State Law

The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records. Generally, an employer cannot make decisions on the basis of…more

Background Checks, Conditional Job Offers, Criminal Background Checks, Criminal Records, Employer Liability Issues

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New York Legislature Seeks to Limit Employers’ Right to Speak on Union Matters

The New York Legislature took action at the end of the 2023 session to prohibit mandatory employer meetings on “religious or political matters,” passing Senate Bill S4982 / Assembly Bill 6604 on June 10. If signed into law, the…more

Employer Rights, Labor Reform, Legislative Agendas, New York, Pending Legislation

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Littler World Cup Matchups Part 5: Whistleblower Protections

Welcome back to our World Cup series, where we compare various aspects of labor and employment law in some of the participating countries. We kicked off Parts One and Two of this series with vacation and sick leave entitlements…more

Anti-Retaliation Provisions, Employees, Employer Liability Issues, Federal Labor Laws, Internal Reporting

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Third Circuit Permits Teaching Hospital Resident to Bring Retaliation Suit under Title IX

For the first time, the Third Circuit Court of Appeals found that Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., applies to medical residency programs. Relying on extensive Supreme Court precedent and…more

Appeals, Civil Rights Act, Educational Institutions, Hospitals, Retaliation

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Reopening and Rehiring During the COVID-19 Pandemic – Critical Employee Benefits and Executive Compensation Considerations

As many employers are on the way to normalizing their business practices and re-engaging their employees, they should not overlook the many potential pitfalls in the administration of their retirement, health and welfare plans…more

Compensation & Benefits, Coronavirus/COVID-19, Corporate Counsel, Employee Benefits, Executive Compensation

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OSHA Issues Final Rule Rescinding Certain Recordkeeping Requirements and Clarifying Guidance on Drug Testing and Incentive Programs

The Occupational Safety and Health Administration (OSHA) recently issued a final rule rescinding major portions of its electronic reporting rule. Specifically..…more

Electronic Filing, Employer Liability Issues, Final Rules, OSHA, Reporting Requirements

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Nevada Ends Public Accommodations COVID-19 Paid Leave

The requirement for covered public accommodations facilities in Nevada’s Clark and Washoe Counties to provide paid time off for employees experiencing COVID-19 symptoms or who have been exposed to COVID-19 expired May 17, 2023. …more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Nevada, New Guidance

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New Year, New Data Protection Laws: What Employers Should Know

With the governor’s signing of New Jersey’s privacy law on January 16, 2024, New Jersey became the 14th U.S. state to pass a comprehensive data protection law. This accelerating legislative trend may have employment counsel and…more

Consumer Privacy Rights, Cybersecurity, Data Management, Data Privacy, Data Protection

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“Show Me the Money” – the EU Pay Transparency Directive Comes into Effect

A new EU Directive on pay transparency came into force earlier this month. Member States have until June 7, 2026 to introduce new legislation to give effect to the Directive. European employers should take note as the Directive…more

Employer Liability Issues, Equal Pay, EU, EU Directive, Gender-Based Pay Discrimination

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Seventh Circuit Rules Age Bias Protections Don’t Extend to Prospective Employees For Disparate Impact Claims

A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination…more

ADEA, Age Discrimination, Appeals, Disparate Impact, Employer Liability Issues

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Washington, DC Legislative Roundup

The District of Columbia continues to implement broad employment initiatives, ranging from wage and hour laws to stricter civil penalties. The following is a rundown of key developments for employers to keep an eye on as we move…more

Decriminalization of Marijuana, Employee Rights, Employees, Employer Liability Issues, Enforcement Authority

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AB 1731 Offers Much-Needed Reforms to California’s Work Sharing Program

Signed into law on September 28, 2020, AB 1731 moves California’s work sharing program into the 21st century by mandating an online application process and specific deadlines for delivering claim forms. Work sharing is an…more

Coronavirus/COVID-19, EDD, Employer Liability Issues, Flexible Work Arrangements, Furloughs

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California District Court Refuses to Enjoin Hazard Pay Ordinance

A growing number of cities in California, including Oakland, Long Beach, Montebello, West Hollywood and San Leandro, have recently enacted ordinances requiring large grocery and/or drug stores to pay specified workers premium…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Workers, Grocery Store Workers, Grocery Stores

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The Netherlands: Monitoring Discrimination When Recruiting and Selecting Employees

Equal opportunity in the job market is not yet a given for everyone in the Netherlands; discrimination when recruiting and selecting new employees still occurs. The bill to oversee equal opportunities for recruitment and…more

Employer Liability Issues, Employment Discrimination, Equal Opportunities, EU, Hiring & Firing

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Littler World Cup Matchups Part 4: Drug and Alcohol Testing

Over the course of the World Cup, we have been publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. Parts One and Two of this series examined timeouts…more

Drug Testing, Employees, Employer Liability Issues, Employment Policies, International Labor Laws

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SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law

The SEC continues to review non-disclosure agreements and other confidential business information provisions of publicly traded companies to ensure whistleblowers are not restricted from freely communicating with the agency…more

Cease and Desist Orders, Civil Monetary Penalty, Confidential Information, Employees, Employer Liability Issues

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Drop the Mask: NY No Longer Requires Proof of Vaccination or Masks for Most Businesses, but Employers’ Obligations May Not End There

On February 9, 2022, New York State Governor Kathy Hochul announced that the state is largely discontinuing the mandate that businesses require proof of vaccination or masks to enter the premises. The mandate will remain in…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Essential Rights (HERO) Act, Health and Safety, Infectious Diseases

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Louisiana “Stay at Home” Proclamation, Effective March 23 – What Does it Mean for Employers?

On Sunday, March 22, 2020, Louisiana Governor John Bel Edwards issued a statewide “Stay at Home” Proclamation that goes into effect at 5:00 p.m., Monday, March 23, 2020. The Proclamation requires all individuals in the State of…more

Coronavirus/COVID-19, Essential Functions, Governor Bel Edwards, Shelter-In-Place

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Norway: Sexual Harassment of Female Soccer Players – What it Is and What Can Be Done to Prevent it

Recent news highlights that sexual harassment is a widespread problem for female soccer players in Norway. In fact, every sixth player at the top level of women’s soccer in Norway has experienced inappropriate behavior from…more

Athletes, Corporate Culture, Employees, Employer Liability Issues, Hostile Environment

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Germany: Short-time Work Allowance – New Framework Conditions

Six million employees in Germany were on short-time work (“Kurzarbeit”) in spring 2020. 45.5 billion euros were spent by the German government on short-time work benefits between 2020 and 2022. These figures speak for…more

Employees, Employer Liability Issues, Germany, International Labor Laws, Wage and Hour

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DOL Updates Guidance on Unpaid Interns, Embracing Circuit Courts' Approach

The U.S. Department of Labor recently announced a significant change in its interpretation of the Fair Labor Standards Act (FLSA) with respect to interns. The FLSA, of course, regulates an employer’s duty to pay minimum wage and…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Hiring & Firing

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New Jersey Issues a New Posting Concerning Worker Misclassification

Earlier this year, Governor Murphy signed a package of legislation aimed at tightening worker misclassification enforcement in New Jersey.  One of these new measures, Assembly Bill 5843, established a new posting requirement for…more

Employee Definition, Employer Liability Issues, Gig Economy, Independent Contractors, Misclassification

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DOL Issues Guidance on Use of Cryptocurrency in 401(k) Plans

On March 10, 2022, the Department of Labor issued guidance on the use of cryptocurrency in plans governed by ERISA.  The announcement applies to cryptocurrencies as well as digital assets, which include “tokens,” “coins,”…more

401k, Cryptocurrency, Defined Contribution Plans, Department of Labor (DOL), Employee Benefits

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Title IX At 50: Expanding Protections for Students and Employees

In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972 (Title IX), on June 23, 2022, the U.S. Department of Education (DOE) issued its anticipated proposed rule to amend Title IX’s implementing…more

Biden Administration, Department of Education, Disciplinary Proceedings, Educational Institutions, Gender-Based Violence

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New York Department of Health Sets New Due Dates for Submission of Home Care Worker Wage Parity Compliance Certifications and Statements

On September 21, 2023, the New York Department of Health (DOH) issued guidance addressing the due dates for Medicaid Managed Care Organizations (MMCOs), Certified Home Health Agencies (CHHAs), Licensed Home Care Services…more

Health Care Providers, Healthcare, Healthcare Workers, Home Health Care, Labor Reform

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BIPA’s Devastating Effects on Illinois Businesses

As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employee Privacy Rights

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The Zone of Special Danger: Employing Local Nationals on U.S. Bases Overseas

Companies providing services on U.S. military bases overseas are probably familiar with the Defense Base Act (DBA), a comprehensive federal workers’ compensation scheme providing medical and income benefits to injured workers…more

Administrative Law Judge (ALJ), Corporate Counsel, Disability Benefits, Employer Liability Issues, Employment Litigation

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#MeToo Update: The Adult Survivors Act for New York Employers

New York State’s Adult Survivors Act (ASA), which was enacted on November 24, 2022, amends the state’s statute of limitations for civil claims alleging certain sexual offenses—which may include any unwanted sexual contact in the…more

#MeToo, Employer Liability Issues, New Legislation, New York, Regulatory Reform

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Allegheny County, Pennsylvania Joins the Jurisdictions Requiring Paid Sick Leave: What Does the New Law Require and What Steps Can Employers Take to Prepare?

Nearly two-and-a-half years after it was originally proposed, the Allegheny County Council passed a Paid Sick Leave law (the “Act”) in September 2021 to require employers to provide certain employees in Allegheny County with up…more

Labor Reform, Labor Regulations, Local Ordinance, Paid Leave, Paid Sick Leave

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OSHA Announces Increased Focus on Heat-Related Hazards

In recent weeks, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has signaled efforts to increase its scrutiny of work activities that may expose workers to heat-related hazards. …more

Construction Site, Employer Liability Issues, Health and Safety, Heat Exposure, Labor Reform

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Delaware Supreme Court Upholds Forfeiture for Competition Provisions, Holding Departed Partners Bargained Away Their Right to Have Their Cake and Eat It, Too

On January 29, 2024, the Delaware Supreme Court unanimously reversed a major Delaware Chancery Court decision that had analyzed the “forfeiture for competition” provisions in a limited partnership agreement using a traditional…more

Competition, DE Supreme Court, Forfeiture Statutes, Limited Partnership Agreements, Restrictive Covenants

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Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory…more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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Tennessee’s Latest Guidance on COVID-19 Isolation and Quarantine

The Tennessee Department of Health has released guidelines on the length of isolation necessary for those who have contracted COVID-19 (referred to clinically in the guidance as “a Case”) and the length of quarantine for those…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Public Health

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Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement…more

Constitutional Challenges, Day Laborers, Due Process, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Decision by Federal Court in Pennsylvania Questions Prevailing View that Judicial Approval is a Prerequisite to Settling Individual FLSA Claims

Since the Eleventh Circuit decided Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must seek…more

Department of Labor (DOL), Employment Litigation, Fair Labor Standards Act (FLSA), FRCP 41, Judicial Review

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Oregon Announces Coming Rule for Weekly Tests of Unvaccinated Healthcare Workers

On August 4, 2021, Oregon Governor Kate Brown announced that the Oregon Health Authority (OHA) will create a rule requiring healthcare workers to submit to weekly COVID-19 testing if they are not vaccinated. Based on the…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Responsibilities, Healthcare Workers

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Maine Legislative Roundup: New Employment Laws Were Enacted This Session

The First Special Session of the 131st Maine Legislature included debate about more than 2,000 bills. Many that were adopted will impact employers in the Pine Tree State…more

Employees, Employer Liability Issues, Labor Reform, New Legislation, State Labor Laws

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

OSHA Shifts Position on Recordability of Adverse Reactions from COVID-19 Vaccines

In a dramatic shift in its enforcement position with respect to the recordability of adverse reactions from COVID-19 vaccines, the Occupational Safety and Health Administration (OSHA) on May 21, 2021, published a new Frequently…more

Coronavirus/COVID-19, Infectious Diseases, OSHA, Vaccinations, Workplace Safety

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Governor Hochul’s Executive Budget Proposal Calls for Significant Changes to New York’s Consumer Directed Personal Assistance Program

Last month, Governor Hochul announced her Executive Budget Proposal for the 2025 fiscal year, which includes the elimination of wage parity benefits for personal assistants who work through the Consumer Directed Personal…more

Employee Benefits, Home Health Care, New York, Personal Assistance Services (PAS), State Budgets

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Ohio Adopts Provisions of the FLSA to Eliminate Hybrid Actions and to Clarify Compensable Time

Ohio Governor Mike DeWine signed Senate Bill 47 (SB 47) into law on April 6, 2022.  SB 47 goes into effect on July 6, 2022 and includes new Ohio Revised Code § 4111.031, which limits an employer’s obligation to pay overtime for…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Labor Reform, New Legislation, Opt-In

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The Heavy Burden of Light Duty: Young v. UPS

On March 25, 2015, the U.S. Supreme Court issued its much-anticipated decision in Young v. UPS, which employer and employee groups alike hoped would clarify whether employers must provide light duty and other workplace…more

Essential Functions, Legal History, PDA, Pregnancy Discrimination, Reasonable Accommodation

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If You Want the Benefits of an Arbitration Agreement, Say So

Companies that utilize third-party staffing vendors should take stock of the Fifth Circuit’s decision in Hiser v. NZone Guidance, L.L.C.1 The March 24, 2020 opinion, applying Texas law, reinforces that both contract language,…more

Arbitration, Arbitration Agreements, Employment Contract, Fair Labor Standards Act (FLSA), Third-Party

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Colorado Pay Transparency Amendments Go Live January 1, 2024, Requiring Application Deadlines and Post-Selection Notices

Colorado employers face additional requirements as of January 1, 2024 to comply with the amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA), which originally took effect in 2021.  Most notably, employers will be…more

Colorado, Employer Liability Issues, Labor Reform, Pay Transparency, State Labor Laws

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D.C. Circuit: NLRB Must Weigh Contract-Based Defenses and Enforce Lawful CBA Provisions

The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of…more

Administrative Law Judge (ALJ), Collective Bargaining Agreements (CBA), Employer Liability Issues, Labor Disputes, Labor Relations

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Los Angeles County Enacts Paid Vaccine Leave Ordinance

On May 18, 2021, the Los Angeles County Board of Supervisors enacted an urgency ordinance that, under certain circumstances, requires all private employers to provide paid leave so employees can receive COVID-19 vaccine…more

Coronavirus/COVID-19, Employee Rights, Infectious Diseases, Labor Regulations, Local Ordinance

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California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage…more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Rest and Meal Break

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New California Law Prohibits Choice of Law and Venue in Employment Contracts

On September 25, 2016, Governor Brown signed into law a new California Labor Code provision (Section 925) that is likely to have major repercussions for contracts with employees who live and work primarily in California. The…more

Arbitration, Arbitration Agreements, Choice-of-Law, Contract Terms, Employment Contract

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Illinois Equal Pay Certification: A Practical Guide for Employer Compliance

The Illinois Department of Labor recently published final regulations governing the new requirements for employers to comply with the Illinois Equal Pay Act Amendments (the “EPA Amendments”) signed into law by Governor Pritzker…more

Employees, Employer Liability Issues, Equal Pay, Illinois, Labor Reform

See all updates »

Littler World Cup Matchups Part 6: Harassment

The World Cup quarter finals are close at hand. We have been following the games with our own matchups, comparing labor and employment laws of participating countries. Referees have borne the brunt of player ire over the course…more

Employees, Employer Liability Issues, International Labor Laws, Sexual Harassment, Workplace Harassment Guidance

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Fifth Circuit Rules on Tip Pooling

In Montano v. Montrose Restaurant Associates, Inc., the U.S. Court of Appeals for the Fifth Circuit was presented with what may seem like an easy issue:  does including a “coffeeman” in a tip pool invalidate the tip credit?  The…more

Appeals, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Resorts & Restaurants, Restaurant Industry

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California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage…more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Rest and Meal Break

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California Superior Court Grants Class Certification in Equal Pay Case

On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100 female…more

Affirmative Defenses, Class Action, Class Certification, Disparate Impact, Employer Liability Issues

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With American Steel, Micro-Units Are Again a Likely Possibility

After a year of consideration including amicus briefs on the matter, the National Labor Relations Board (Board) revived another Obama-era precedent in a decision issued December 14, 2022.  In American Steel, 372 NLRB No. 23, the…more

Bargaining Units, Employees, Employer Liability Issues, Federal Labor Laws, Labor Reform

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Canada: Government Announces Canada Emergency Response Benefit (CERB) to Support Workers and Businesses during COVID-19 Pandemic

On March 25, 2020, the Government of Canada announced the Canada Emergency Response Benefit (CERB) to support workers and businesses during the COVID-19 pandemic…more

Canada, Coronavirus/COVID-19, Financial Stimulus, Relief Measures, Unemployment Insurance

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Express Yourself – Supreme Court Rules that Businesses May Deny “Expressive Services” to the Public Based on Their Owner’s Beliefs

On June 30, 2023, the Supreme Court issued its decision in 303 Creative, LLC v. Elenis.  In a 6-3 opinion authored by Justice Gorsuch, a divided Supreme Court held that the First Amendment’s free speech protection bars Colorado…more

303 Creative LLC v Elenis, Discrimination, First Amendment, Free Speech, Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission

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Pay Transparency Arrives at the Nation’s Capital

The District of Columbia will soon join an ever-growing list of jurisdictions that require employers to disclose compensation on job postings.  In addition to pay scale disclosure, the District of Columbia Wage Transparency…more

Employer Liability Issues, Equal Pay, Hiring & Firing, Job Ads, Job Applicants

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BIPA’s Devastating Effects on Illinois Businesses

As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employee Privacy Rights

See all updates »

DOL Issues Opinion Letter Addressing Requirements of the “Amusement or Recreational Establishment” Exemption

On January 15, 2021, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to the…more

Amusement Parks, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Wage

See all updates »

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Hurricane Maria's Aftermath, Part II: Puerto Rico Government Provides Various Exemptions and Extensions to Multiple Upcoming Deadlines

In the aftermath of Hurricane Maria's catastrophic impact on Puerto Rico, in order to assist in rebuilding and recovery, Puerto Rico’s governor and several agencies have issued multiple exemptions to previously established rules…more

Administrative Orders, Building Permits, Construction Industry, Construction Project, Critical Infrastructure Sectors

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Congress Considers Banning Discretionary Clauses in ERISA Plans

On May 12, 2022, the “Employee and Retiree Access to Justice Act” was introduced in the House of Representatives by Mark DeSaulnier (D-CA).  Senator Tina Smith (D-MN) introduced a companion bill in the Senate. The bill seeks to…more

Arbitration, Discretionary Clauses, Employee Benefits, Employee Retirement Income Security Act (ERISA), Proposed Legislation

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Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the…more

Algorithms, Artificial Intelligence, Bias, Data Collection, Data Protection

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"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation

A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not…more

Automotive Industry, Class Action, Collective Bargaining, Minimum Wage, Piece-Rate Pay

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Tectonic Shift Affecting Enforcement of Noncompetition Agreements Emanates from the 2017 Nevada Legislative Session and Passage of AB 276

Nevada noncompetition law has historically had few seismic shifts, which changed in 2016 when the Nevada Supreme Court issued its opinion in Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). That case sent…more

Blue Pencil Contract Modification, Employment Contract, Hiring & Firing, New Legislation, Non-Compete Agreements

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Update on Resumption of Global Travel During the COVID-19 Pandemic

On October 25, 2021, President Biden issued a presidential proclamation revoking prior proclamations restricting country-by-country travel into the United States. The new proclamation, which took effect on November 8, 2021,…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Foreign Nationals, Infectious Diseases

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Ninth Circuit Holds Employers May Provide a Standalone Background Check Disclosure Concurrently With Other Documents

On April 24, 2020, the Ninth Circuit held that the Fair Credit Reporting Act (FCRA) permits an employer to provide job applicants with a background check disclosure document at the same time the employer provides job applicants…more

Background Checks, Criminal Background Checks, Disclosure Requirements, Employer Liability Issues, Fair Credit Reporting Act (FCRA)

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California Supreme Court Expands the Reach of the California Prevailing Wage Law

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined.  This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and…more

CA Supreme Court, Labor Code, Labor Regulations, Prevailing Wages, Wage and Hour

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In a Special Meeting, Cal/OSHA Withdraws Revised Proposal to Re-adopt COVID-19 Emergency Temporary Standards

On June 3, 2021, the Cal/OSHA Standards Board adopted an updated version of the Emergency Temporary Standard (ETS) that phased out certain face covering and physical distancing requirements found in the November 30, 2020 version…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

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Georgia Department of Labor Revises Employers’ Obligations for Filing Partial Unemployment Claims

On July 17, 2020, the Georgia Department of Labor issued updated emergency Rules concerning unemployment benefits in light of the ongoing COVID-19 pandemic. The new Rules went into effect on July 19 and continue through November…more

Coronavirus/COVID-19, Emergency Rule, Relief Measures, Unemployment Benefits, Unemployment Insurance

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An Unemployment Insurance Roadmap for New York Employers

During the current COVID-19 crisis, over one million New Yorkers have applied for unemployment insurance (UI) and New York State has paid out over $7 billion in benefits. Despite these numbers, many employers do not understand…more

CARES Act, Coronavirus/COVID-19, Federal Pandemic Unemployment Compensation (FPUC), Pandemic Unemployment Assistance (PUA), Unemployment Benefits

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New FAQs Clarify Colorado Emergency Paid Sick Leave Rules

The Colorado Department of Labor and Employment released new FAQs to clarify requirements under the Colorado Health Emergency Leave with Pay (“Colorado HELP”) Rules, issued on March 11, 2020, that require certain employers to…more

China, Coronavirus/COVID-19, Crisis Management, Educational Institutions, Emergency Management Plans

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Biden Administration Issues New Executive Order to Restrict International Travel in Response to Omicron Variant of COVID-19

Between January 25, 2020 and February 29, 2020, the former administration issued three separate executive orders restricting travel from China, South Africa, Brazil, the Republic of Ireland, the United Kingdom, and the Schengen…more

Biden Administration, Coronavirus/COVID-19, Foreign Nationals, Foreign Workers, Immigration Procedures

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Your Recordkeeping Data Is About to Steal the Spotlight–How to Prepare for OSHA’s Expanded E-Recordkeeping Rule

On July 21, 2023, the Occupational Safety and Health Administration (OSHA) published a final rule in the Federal Register amending its regulation on Improved Tracking of Workplace Injuries and Illnesses. The final rule becomes…more

Data Management, Electronically Stored Information, Employer Liability Issues, Final Rules, OSHA

See all updates »

Workplace Violence Prevention Strategies in a Time of Political and Social Unrest

Tensions appear to be running hot across the nation during this polarized election season and time of political and social unrest.  Concerns around racial injustices, police reform, responses to and mitigation of the spread of…more

Employer Liability Issues, Employer Responsibilities, OSHA, Political Campaigns, Race Relations

See all updates »

California and Washington Issue Vaccine Mandates — Frontrunners in What Appears to Be a Growing Trend

On July 26, 2021, California Governor Gavin Newsom announced that his state will require all state employees and healthcare workers to provide proof of vaccination or be subject to regular COVID-19 testing. On August 5, 2021,…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Mandates, Health and Safety

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New Year’s Resolution: Developing a Universal Paid Sick & Safe Time Policy

Developing a paid sick and safe time (PSST) policy that complies universally – or at the very least with two laws – has become increasingly challenging. Without fail, and despite some overlap, each new law seems to contain one…more

Domestic Violence, Earned Sick Time, Employer Liability Issues, Employment Policies, Local Ordinance

See all updates »

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the…more

Algorithms, Artificial Intelligence, Bias, Data Collection, Data Protection

See all updates »

The California Stay At Home Order – Breaking It Down

Updated March 23, 2020: On March 22, 2020, the Public Health Department revised the list of “Essential Critical Infrastructure Workers,” highlighting the need for employers to keep abreast of the quickly evolving legal…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Governor Newsom

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Kentucky Enacts Pregnant Workers Act, Requiring Reasonable Accommodations for Pregnant and Lactating Employees

Kentucky Governor Matt Bevin (R) recently signed the Pregnant Workers Act, SB 18, to provide pregnancy-related accommodations for employees in the Bluegrass State…more

Anti-Retaliation Provisions, Breastfeeding, Employee Rights, Employer Liability Issues, New Legislation

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Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and…more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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New Obligations for Frontline Sector Employers through Minnesota’s Frontline Worker Pay Program

On April 29, 2022, Minnesota Governor Tim Walz signed S.F. No. 2677 (2022) into law.  This law authorizes bonus payments to Minnesotans who worked in frontline sectors during the COVID-19 peacetime emergency.  This so-called…more

Bonuses, Employer Liability Issues, Essential Workers, Labor Reform, Relief Measures

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San Francisco Enacts “Tourist Hotel” Ordinance Requiring New Cleaning and Disinfecting Protocols and Prohibiting Retaliation

“Tourist hotels” in San Francisco must soon comply with Ordinance No. 208-20 enacted on October 9, 2020, which establishes cleaning and disease prevention standards and practices to help contain COVID-19…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Hospitality Industry, Hotels

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Chicago Clarifies that its Anti-Harassment Law Applies to all Employers with Employees Working in Chicago

Last year, the Chicago City Council amended the City’s sexual harassment ordinance for the express purpose of promoting zero tolerance of violence and harassment in the workplace. The amendments, effective July 1, 2022,…more

#MeToo, Anti-Harassment Policies, City of Chicago, Employees, Employer Liability Issues

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U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior…more

Administrative Appointments, Administrative Law Judge (ALJ), Article II, Canning v NLRB, Federal Vacancies Reform Act

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Skilled Labor Shortage in Germany – Creative Solutions for Retaining Key Employees and Attracting New Ones

In Germany there are currently more job vacancies than ever before. The shortage of skilled workers has arguably become the biggest brake on the economy. This is reason enough to take a look at possible solutions from an…more

Employee Retention, Employees, Employer Liability Issues, Germany, Hiring & Firing

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

D.C. Circuit Issues Mixed Ruling Regarding Major Provisions of the NLRB’s 2019 Election Rule

On January 17, 2023, a divided D.C. Circuit panel struck down three provisions of the National Labor Relations Board’s 2019 final rule on representation case procedures related to union elections, while upholding two challenged…more

Employee Rights, Labor Relations, NLRA, NLRB, Union Elections

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Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable

Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute. Even upon the issuance of the arbitrator’s…more

Arbitration, Arbitration Agreements, Employment Contract, Employment Litigation, Federal Arbitration Act

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Just in Time for the Holidays, New Brunswick Gives the "Gift" of Paid Sick/Safe Time

On December 17, 2015, New Brunswick, New Jersey passed a sick and safe leave ordinance that provides up to 40 hours of paid sick and safe leave to employees beginning on January 6, 2016. Although there are similarities between…more

Employee Benefits, Posting Requirements, Sick Leave, Wage and Hour

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Littler Global Guide - United Kingdom - Q4 2021

Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in…more

Appeals, Collective Bargaining, Coronavirus/COVID-19, Employees, Employer Liability Issues

See all updates »

Georgia Pushes Forward: Latest Order Offers Detailed Reopening Steps and A Preview for Other States

On April 23, 2020, Governor Brian Kemp signed an Executive Order (Order) relaxing the statewide Shelter in Place Order issued on April 2, 2020, and providing additional guidance related to the performance of work for Critical…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Re-Opening Guidelines, State and Local Government

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Virginia’s Legislative Session Concludes with a Handful of New Employment Laws

The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes some…more

Confidentiality Agreements, Employee Rights, Employees, Labor Reform, Minimum Wage

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Illinois Equal Pay Certification: A Practical Guide for Employer Compliance

The Illinois Department of Labor recently published final regulations governing the new requirements for employers to comply with the Illinois Equal Pay Act Amendments (the “EPA Amendments”) signed into law by Governor Pritzker…more

Employees, Employer Liability Issues, Equal Pay, Illinois, Labor Reform

See all updates »

Congress Passes Bipartisan Arbitration Limitation

Last week brought a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), which now heads to the…more

#MeToo, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

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Despite Pandemic, Chicago’s Fair Workweek Ordinance to Take Effect as Scheduled

Chicago passed the Chicago Fair Workweek Ordinance in July 2019.  This Ordinance, which is set to take effect on July 1, 2020, requires covered employers to provide advance notice of work schedules to their covered employees,…more

Employee Rights, Employer Liability Issues, Fair Workweek, Local Ordinance, State and Local Government

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California to Require Venture Capital Firms to Report Demographic Information

On October 8, 2023, California Governor Gavin Newsom signed Senate Bill 54 (SB 54), Fair Investment Practices by Investment Advisers, which requires venture capital firms to collect and report data on the demographic composition…more

California, Data Reporting, Employer Liability Issues, Investment Firms, Labor Reform

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Hawaii Enacts Pay Transparency Law and Broadens Equal Pay Law

On July 3, 2023, Hawaii joined eight other states, as well as eight cities/counties, by enacting SB 1057, which requires that certain job listings disclose the hourly rate or salary range that “reasonably reflects the actual…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Hawaii, Hiring & Firing

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Court of Justice of the European Union Case on DSARs: Summary of Information Is Not Enough!

As many employers will be aware, data subject access requests (DSARs) can take up a significant amount of business resources and are a common tactic used by disgruntled employees. A recent decision from the Court of Justice of…more

Court of Justice of the European Union (CJEU), Data Collection, Data Privacy, Data Subject Access Requests, Data Subjects Rights

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An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to…more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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NLRB Regional Director Says Dartmouth Men’s Basketball Players Are Employees, Can Vote in Union Election

On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their status…more

Compensation & Benefits, Educational Institutions, Employee Definition, Employee Rights, Labor Relations

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Employers Have Until August 4 to Implement New OFCCP Disability Self-Identification Form

On May 8, 2020, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form for prospective and current employees to voluntarily self-identify as an individual with a…more

Affirmative Action, Disability, Federal Contractors, Hiring & Firing, OFCCP

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Arbitrator Considers Interaction Between Canada Labour Code Paid Medical Leave Days and Other Employer-Paid Benefits

In United Steelworkers Local 14193 v. Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (ON LA), an arbitrator dismissed a union’s policy grievance on the grounds that, contrary to the union’s assertion, the employer could…more

Canada, Employee Benefits, Employment Litigation, International Labor Laws, Labor Relations

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Littler 2023 European Employer Survey Report - November 2023

EXECUTIVE SUMMARY - After years of disruptions from the pandemic, artificial intelligence, shifting regulations and changing employee preferences, are European workplaces finally reaching a consensus on the “new normal”? …more

Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues, Environmental Social & Governance (ESG)

See all updates »

California Supreme Court Confirms Applicability of Derivative Waiting Time Penalty and Wage Statement Claims for Meal and Rest Period Violations

In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and…more

Adverse Employment Action, CA Supreme Court, Class Action, Derivative Suit, Employer Liability Issues

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Illinois Equal Pay Certification: A Practical Guide for Employer Compliance

The Illinois Department of Labor recently published final regulations governing the new requirements for employers to comply with the Illinois Equal Pay Act Amendments (the “EPA Amendments”) signed into law by Governor Pritzker…more

Employees, Employer Liability Issues, Equal Pay, Illinois, Labor Reform

See all updates »

A Temperature Check on States’ Reporting Time Pay Requirements in the Era of COVID-19

As many states ease their shelter-in-place orders across the country, businesses are slowly reopening to the public. Although businesses are anxious to open their doors, as employers, they are grappling with how to comply with…more

Coronavirus/COVID-19, Employer Responsibilities, Virus Testing, Wage and Hour, Workplace Safety

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Natural Hairstyle Discrimination Protections Passed in Kentucky and Beyond

On May 12, 2023, Lexington became the fourth city in Kentucky to protect hairstyles under its local anti-discrimination ordinances. The Lexington CROWN Act (Ordinance No. 49-2023), an acronym for "Creating a Respectful and Open…more

Dress Codes, Employer Liability Issues, Employment Discrimination, Employment Policies, Hairstyle Discrimination

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Maine and New Hampshire Join the Ranks of States Restricting Use of Noncompete Agreements – with Rhode Island on the Cusp

In recent weeks, Maine and New Hampshire each enacted a law prohibiting the use of noncompete agreements with lower wage earners.  Shortly thereafter, on July 11, 2019, the Rhode Island legislature sent a similar bill to…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Intellectual Property Protection

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Strike Two… Eleventh Circuit Upholds Injunction Against Florida “Stop-WOKE” Law; Confirms the Law Violates First Amendment

Strike One… In 2021 Florida passed a unique law known as the Individual Freedom Act (IFA), or “Stop-WOKE” law (the state’s acronym for “Stop Wrongs to Our Kids and Employees”). The IFA contains two parts, one directed to…more

Anti-Discrimination Policies, Bias, Diversity and Inclusion Standards (D&I), Employee Training, Employer Liability Issues

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Nearly 50 Years Later, the Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims

In its June 29, 2023, unanimous decision in Groff v. DeJoy, the United States Supreme Court upended nearly 50 years of precedent by “clarifying” the undue hardship standard in religious accommodation claims under Title VII of…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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Between a Rock and a Hard Place: Options for Texas Employers in the Face of COVID-19

As they struggle to stay afloat during this time of crisis, many employers are looking for legal, humane ways to cut costs, including in payroll and benefits. This article summarizes the current state of Texas law on these…more

Coronavirus/COVID-19, Early Retirement, EPSLA, Family and Medical Leave Act (FMLA), Furloughs

See all updates »

BIPA’s Devastating Effects on Illinois Businesses

As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employee Privacy Rights

See all updates »

Workplace Violence Prevention Strategies in a Time of Political and Social Unrest

Tensions appear to be running hot across the nation during this polarized election season and time of political and social unrest.  Concerns around racial injustices, police reform, responses to and mitigation of the spread of…more

Employer Liability Issues, Employer Responsibilities, OSHA, Political Campaigns, Race Relations

See all updates »

Department of Justice Releases Guidelines for Effective Corporate Compliance Programs

On May 1, 2019, the Criminal Division of the U.S. Department of Justice (DOJ) released updated guidance for prosecutors to utilize in assessing whether an organization had in place “an adequate and effective corporate compliance…more

Compliance, Cooperative Compliance Regime, Corporate Misconduct, Corruption, Criminal Investigations

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San Francisco Bay Area Employers Must Comply with Commuter Benefits Program by September 30, 2014

Covered San Francisco Bay Area employers without an already-existing and compliant commuter benefits plan have until September 30, 2014, to select at least one of four commuter benefit options, notify employees of how to take…more

Commuter Tax Benefits, Commuting, Employee Benefits

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Sixth Circuit Establishes Stricter Standard for Granting Notice of FLSA Collective Action

The Sixth Circuit has become the second federal appeals court to toughen the standard for plaintiffs seeking court-authorized notice to potential claimants in a collective action under the Fair Labor Standards Act (FLSA). On May…more

Class Action, Class Certification, Collective Actions, Employer Liability Issues, Employment Litigation

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Littler 2023 European Employer Survey Report - November 2023

EXECUTIVE SUMMARY - After years of disruptions from the pandemic, artificial intelligence, shifting regulations and changing employee preferences, are European workplaces finally reaching a consensus on the “new normal”? …more

Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues, Environmental Social & Governance (ESG)

See all updates »

Germany: News on Disqualification Periods Following Termination Agreements

In Germany, employees frequently refuse to sign separation agreements for fear that the Employment Agency (Agentur für Arbeit) will disqualify them from receiving unemployment benefits. A revision of the Employment Agency's…more

Disqualification, Employment Contract, Germany, Good Cause, Hiring & Firing

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Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the…more

Algorithms, Artificial Intelligence, Bias, Data Collection, Data Protection

See all updates »

Massachusetts High Court Expands Employer Liability for Late Payment of Wages

In Reuter v. City of Methuen (April 4, 2022), the Massachusetts Supreme Judicial Court expanded an employer’s liability for the late payment of wages.  Generally, Massachusetts law requires that an employer that terminates an…more

Employer Liability Issues, Employment Litigation, Labor Law Violations, MA Supreme Judicial Court, Unpaid Wages

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Buyer Beware – Continuing Its Controversial Changes, NLRB Increases the Price Tag of a Successor's Unlawful Failure to Hire Its Predecessor's Employees

On September 30, 2014, the National Labor Relations Board overruled established precedent once again. The Board’s decision enhanced the liability to which a successor employer is exposed when it fails to hire employees of its…more

Anti-Union Actions, Discrimination, Employer Liability Issues, Hiring & Firing, NLRB

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Michigan Court Dismisses ERISA Class-Action

Fiduciaries of 401(k) and other retirement plans continue to be targeted by class action lawsuits brought under the Employee Retirement Income Security Act (ERISA) challenging fiduciary decisions regarding investment options and…more

Breach of Duty, Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fees

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Littler Global Guide - Germany - Q4 2021

Infection Protection Act Amended - New Legislation Enacted - According to the amendments to the Infection Protection Act, which came into force on November 24, 2021, and apply until March 19, 2022, employers and employees are…more

Coronavirus/COVID-19, Employer Liability Issues, EU, EU Directive, Germany

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Wisconsin Employers Can Insist Upon Unpaid Lunch Breaks, Seventh Circuit Rules

The U.S. Court of Appeals for the Seventh Circuit recently ruled that Wisconsin wage and hours laws concerning the compensability of meal periods empower employers to require that such breaks be unpaid.  In Wirth v. RLJ…more

Employer Liability Issues, Employment Litigation, Rest and Meal Break, State Labor Laws, Wage and Hour

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County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal and California Law

In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance.  A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los Angeles must…more

Adverse Employment Action, Ban the Box, California, City of Los Angeles, Criminal Background Checks

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Circuit Courts Endorse Limiting Jurisdiction in FLSA Collective Actions

In two decisions issued on the same day, the Sixth and Eighth Circuits recently joined many district courts across the country in holding that federal courts cannot exercise jurisdiction over Fair Labor Standards Act (FLSA)…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Employment Litigation, Fair Labor Standards Act (FLSA), Forum

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Maryland Modifies its Paid Family and Medical Leave Insurance Program

Approximately one year ago, the Maryland General Assembly passed the Time to Care Act of 2022 (SB 275/HB8). Maryland became the eleventh state (in addition to the District of Columbia) to adopt a statewide family and medical…more

Employee Benefits, Employees, Employer Liability Issues, Labor Reform, Maryland

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UK: World Menopause Day 2023 - What Developments Have We Seen This Year?

Many employers spent World Menopause Day 2023 showcasing their support for employees. The spotlight on supporting employees with menopause continues to shine, both from a DEI perspective and also from recent cases in the UK…more

Corporate Culture, Disability Discrimination, Employees, Employer Liability Issues, International Labor Laws

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After Brief COVID-Related Hiatus, Employers Face Return of Social Security Administration “No-Match” Letters

During the early months of the pandemic, the Social Security Administration (SSA) took a break from issuing “no-match” letters to employers. It appears that towards the end of 2020, however, the SSA has resumed this practice…more

Employer Liability Issues, Employment Eligibility Verification, Form I-9, Hiring & Firing, Immigration Procedures

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Illinois Equal Pay Certification: A Practical Guide for Employer Compliance

The Illinois Department of Labor recently published final regulations governing the new requirements for employers to comply with the Illinois Equal Pay Act Amendments (the “EPA Amendments”) signed into law by Governor Pritzker…more

Employees, Employer Liability Issues, Equal Pay, Illinois, Labor Reform

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Effective January 1, 2024, Cook County, Illinois Paid Leave Requirements Will Largely Mirror State Law

On On December 14, 2023, the Cook County Board of Commissioners (“Board”) passed the Cook County Paid Leave Ordinance (the “Ordinance”), which converts the pre-existing Cook County Earned Sick Leave Ordinance into an ordinance…more

Employees, Labor Reform, Local Ordinance, Paid Leave, Paid Time Off (PTO)

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SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts

On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of the…more

Anti-SLAPP, Consumer Complaint Management, Defamation, First Amendment, Free Speech

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Cal/OSHA’s Non-Emergency COVID-19 Regulation Is Approved and in Effect for Next Two Years

On February 3, 2023, California’s Office of Administrative Law approved Cal/OSHA’s COVID-19 Non-Emergency Regulation (NER). The NER is now the operative COVID-19 regulation for most California employers. Cal/OSHA also released…more

Cal-OSHA, California, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues

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Dutch court holds COVID-19 justifies rent reduction. Will the same reasoning apply to salaries?

The District Court of The Hague recently ruled that, because it is an unforeseen circumstance, the coronavirus crisis caused a fundamental imbalance in a lease agreement between a restaurant owner and the lessor. The court found…more

Coronavirus/COVID-19, Economic Downturn, Employer Liability Issues, Infectious Diseases, International Labor Laws

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Divergent Paths on Regulating Artificial Intelligence

On March 21, 2024, the United Nations (UN) adopted a landmark resolution on the promotion of “safe, secure and trustworthy” artificial intelligence (AI) systems. The UN’s resolution contains a “comprehensive vision” for how…more

Artificial Intelligence, Bias, Employer Liability Issues, Employment Discrimination, EU Directive

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The Zone of Special Danger: Employing Local Nationals on U.S. Bases Overseas

Companies providing services on U.S. military bases overseas are probably familiar with the Defense Base Act (DBA), a comprehensive federal workers’ compensation scheme providing medical and income benefits to injured workers…more

Administrative Law Judge (ALJ), Corporate Counsel, Disability Benefits, Employer Liability Issues, Employment Litigation

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California Extends COVID-19 Paid Sick Leave to Essential Food Sector Workers

On April 16, 2020, Governor Newsom signed Executive Order ("EO") N-51-20, which took immediate effect and requires certain food sector workers to receive COVID-19 supplemental paid sick leave (CPSL)…more

Coronavirus/COVID-19, Employer Liability Issues, Executive Orders, Food Service Workers, Restaurant Industry

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Works Councils and Social Media in Germany

Works councils in Germany have extensive "co-determination" rights—i.e., the right to participate in company management. Works councils serve as the representative body for employees in German workplaces. Once there are five or…more

Employee Rights, Facebook, Germany, LinkedIn, Performance Reviews

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent…more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Treasury Department Issues Guidance on the Inflation Reduction Act’s Prevailing Wage and Apprenticeship Requirements

On November 30, 2022, the U.S. Treasury Department published in the Federal Register its guidance on the Inflation Reduction Act’s (IRA) new prevailing wage and apprenticeship requirements. Taxpayers seeking to qualify for tax…more

Apprenticeships, Construction Project, Employees, Energy Projects, Inflation Reduction Act (IRA)

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Dear Littler: How Do We Handle Requests for Time Off for Religious Observance?

Dear Littler:  We are a retail store with locations across the country.  We are open seven days a week, and our sales staff have rotating shifts to provide coverage throughout the week.  A number of employees in several of our…more

Civil Rights Act, Employees, Employer Liability Issues, Federal Labor Laws, Reasonable Accommodation

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Belgium: Proposed Legal Framework Would Require Employers to Justify Dismissal of Contract Workers in the Public Sector

On January 18, 2024, the Belgium government submitted a draft law that would require employers to justify their decisions to dismiss contractual employees in the public sector. The draft law aims to implement the Act of 26…more

Belgium, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The memo…more

Collective Bargaining, Employer Liability Issues, Federal Labor Laws, Labor Law Violations, Labor Relations

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Federal Court Applies FAA Preemption in Refusing to Enforce New Jersey’s Ban on Mandatory Arbitration of Discrimination, Retaliation and Harassment Claims

As employers and employees alike continue to monitor and watch the landscape of alternative dispute resolution as a viable option (or not) in New Jersey, an important federal court decision was recently handed down. …more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Employer Liability Issues

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Nevada’s Continued Efforts to Increase the Minimum Wage

In 2006, Nevada’s Constitution was amended to establish a two-tier minimum wage system dependent upon whether an employer provides “health benefits” to its employees.  This amendment, Section 16 of Article 15, is often referred…more

Legislative Agendas, Minimum Wage, Regulatory Standards, State and Local Government, State Constitutions

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Conflict Between Florida Preemption Statute and Miami Beach Minimum Wage Ordinance Emerges Amidst Ongoing Litigation

A conflict between a Florida state preemption statute and the City of Miami Beach’s minimum wage ordinance is coming to bear.  The end result of the pending litigation on the subject will likely determine the extent to which…more

Local Ordinance, Minimum Wage, Preemption, Wage and Hour

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A Rare Occurrence: California Court Overturns Arbitrator’s Award

California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions Code…more

Arbitration, Arbitration Agreements, Arbitration Awards, Breach of Contract, Confidential Information

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Michigan Legislature Passes Amendment to Elliott-Larsen Civil Rights Act to Protect LGBTQ Rights

On March 8, 2023, the Michigan House of Representatives passed a bill (S.B. 4) expanding the language of the Elliott-Larsen Civil Rights Act (ELCRA)’s protected categories to include sexual orientation and gender identity or…more

Gender Identity, LGBTQ, Sexual Orientation Discrimination, State Legislatures

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Delaware Supreme Court Upholds Forfeiture for Competition Provisions, Holding Departed Partners Bargained Away Their Right to Have Their Cake and Eat It, Too

On January 29, 2024, the Delaware Supreme Court unanimously reversed a major Delaware Chancery Court decision that had analyzed the “forfeiture for competition” provisions in a limited partnership agreement using a traditional…more

Competition, DE Supreme Court, Forfeiture Statutes, Limited Partnership Agreements, Restrictive Covenants

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Chicago Rules and Ordinances Address COVID-19 Retaliation, Fair Scheduling Ordinance, and Disclosure Requirements for Third-Party Delivery Services

In the past two weeks, the city of Chicago has undertaken several actions related to the COVID-19 pandemic’s continued effects on the city.  Specifically, the city is considering a proposed ordinance that would prohibit…more

Anti-Retaliation Provisions, Coronavirus/COVID-19, Employer Liability Issues, Fair Workweek, Wage and Hour

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Second Circuit Further Addresses the Pleading Standard for FLSA Overtime Claims

Nearly a decade ago, the U.S. Court of Appeals for the Second Circuit issued three decisions clarifying and tightening the standard for asserting plausible overtime claims under the Fair Labor Standards Act (FLSA) in the Second…more

Employees, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Time Out: Navigating Potential Wage and Hour Effects of a Possible 2023 Government Shutdown

As a funding deal continues to remain out of reach, and with the September 30th fiscal deadline rapidly approaching, a government shutdown appears close to certain. Whether it lasts for days, weeks, or months, a shutdown…more

Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA), Government Shutdown, Salaried Employees

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Annual Report On EEOC Developments - Fiscal Year 2021

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC Developments—Fiscal…more

Annual Reports, Corporate Counsel, Diversity, EEO-1, Employer Liability Issues

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Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employee Privacy Rights, Employer Liability Issues

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July is the New January – Employment and Labor Laws are Skipping Summer Vacation

Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year.  In 2019, we reported on scores of new laws that took…more

Ban the Box, Decriminalization of Marijuana, Distracted Driving, Electronic Disclosure, Employee Retirement Income Security Act (ERISA)

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An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to…more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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Michigan Legislature Passes Amendment to Elliott-Larsen Civil Rights Act to Protect LGBTQ Rights

On March 8, 2023, the Michigan House of Representatives passed a bill (S.B. 4) expanding the language of the Elliott-Larsen Civil Rights Act (ELCRA)’s protected categories to include sexual orientation and gender identity or…more

Gender Identity, LGBTQ, Sexual Orientation Discrimination, State Legislatures

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NLRB Expands Section 7 Protections to Include Advocacy for Non-Employees and Beyond

On August 31, 2023, the National Labor Relations Board issued its 3-1 decision in American Federation for Children, Inc. 372 NLRB No. 137, overturning Amnesty International, 368 NLRB No. 112 (2019), and dramatically expanding…more

Employee Rights, Employer Liability Issues, Federal Labor Laws, Labor Relations, NLRA

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New Edgewater, Colorado Minimum Wage Ordinance Highlights Compliance Challenge

The Colorado locality of Edgewater—which borders Denver and has a population of around 5,000—has enacted its own local minimum wage ordinance, which takes effect January 1, 2024.  The new law demonstrates how challenging…more

Colorado, Employer Liability Issues, Labor Reform, Labor Regulations, Local Ordinance

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Dear Littler: How Do We Handle Drug or Alcohol Impairment in the Workplace?

Dear Littler:  We are a manufacturing company with facilities in multiple states.  We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use.  We are…more

Americans with Disabilities Act (ADA), Artificial Impairment, Drug & Alcohol Abuse, Employees, Employer Liability Issues

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OSHA’s Final Rule on Crystalline Silica Standards

Earlier this year, the Occupational Safety and Health Administration (OSHA) published its long-awaited final rule (https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-04800.pdf) setting new workplace permissible exposure limits…more

Construction Industry, Final Rules, Hazardous Substances, Maritime Transport, OSHA

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Evanston, Illinois Establishes a Fair Workweek Ordinance

On May 23, 2023, Evanston, Illinois joined the state of Oregon and cities in California (Berkeley, Emeryville, Los Angeles, and San Francisco); Illinois (Chicago); New York (New York City); Pennsylvania (Philadelphia); Texas…more

Employee Rights, Employer Liability Issues, Fair Workweek, Food Service Workers, Hospitality Industry

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Who Enjoys Special Protections Against Dismissal in Germany?

German labor law is known beyond its borders for its far-reaching protection against dismissals. It may be common knowledge that if an employee has been employed for more than six months and there are over 10 employees regularly…more

Employees, Employer Liability Issues, Germany, Hiring & Firing, International Labor Laws

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European Whistleblowing Directive: Many EU member states missed the implementation deadline – Is your company prepared?

On December 17, 2021, when the deadline for implementing the EU Whistleblowing Directive expires – or, at the latest, when corresponding national whistleblower protection laws come into force – member states of the European…more

Anti-Retaliation Provisions, Corporate Counsel, Employer Liability Issues, EU, EU Directive

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Texas Governor Abbott Bars Employers and Individuals from Compelling COVID-19 Vaccines

On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40, which states that no entity in Texas can “compel” any individual, including any employee or consumer, to receive a COVID-19 vaccination who objects…more

Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Employer Mandates, Executive Orders

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COVID-19 Update for Georgia Employers

Over the past month, the state of Georgia has enacted several measures, largely affecting unemployment and business operations, in response to COVID-19.  The following provides an update on these statewide developments…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues, Re-Opening Guidelines

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Pencils, Paper, and Now NLRA Legal Protections – New General Counsel Memorandum Provides College Student Athletes with a Very Significant New “School Supply”

On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are employees…more

Colleges, Compensation & Benefits, Employee Definition, Employee Rights, Labor Reform

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French Civil High Court Grants New Paid Leave Entitlement

The French Civil High Court recently issued five noteworthy decisions on employees’ entitlement to accrue paid leave. The French Labor Code requires that employees perform work to accrue paid leave…more

Accrued Benefits, Employee Benefits, Employees, France, International Labor Laws

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Massachusetts Revises Paid Family and Medical Leave Guidance to Provide More Discretion to Employers

The Massachusetts Department of Family and Medical Leave (DFML) is ringing in the new year with new, more employer-friendly guidance regarding an employee’s ability to use paid leave to “top up” Paid Family and Medical Leave…more

Employee Benefits, Employer Liability Issues, Labor Reform, Medical Leave, Paid Family Leave Law

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The Ukraine/Russia Conflict & Related Sanctions: 7 Pressing Questions Employers Are Asking

Since we last reported on this topic, the war in Ukraine has persisted and Western countries have continued to ramp up sanctions against Russia.  In light of this unfolding situation, employers with workforces in Ukraine and…more

Biden Administration, Economic Sanctions, Employer Liability Issues, Foreign Policy, Foreign Workers

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Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and…more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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Total Recall? Key Takeaways on the Nevada Hospitality and Travel Workers Right to Return Act

The Governor of Nevada recently signed into law Senate Bill 386, which is Nevada’s version of the trending “return to work” or “right to recall” laws being passed in other jurisdictions throughout the country in response to the…more

Airports, Coronavirus/COVID-19, Critical Infrastructure Sectors, Employee Retention, Furloughs

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Ohio’s “Stay Safe” Order Effective May 1, 2020—What it Means for Employers

On Thursday, April 30, 2020, Ohio’s Director of the Department of Health, Dr. Amy Acton, signed a “Stay Safe” Order, which lifts certain restrictions from Ohio’s prior “Stay-at-Home” Orders. The Order sets out a plan to start…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Responsibilities

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Don’t Get Caught by Surprise – Oregon’s Workplace Fairness Act Provisions Take Effect October 1, 2020

The final provisions of Oregon’s Workplace Fairness Act (OWFA) go into effect on October 1, 2020—less than a month away. All employers doing business in Oregon will need to make changes to their harassment policies and…more

Anti-Discrimination Policies, Anti-Harassment Policies, Hiring & Firing, Labor Regulations, New Legislation

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Oregon Announces Coming Rule for Weekly Tests of Unvaccinated Healthcare Workers

On August 4, 2021, Oregon Governor Kate Brown announced that the Oregon Health Authority (OHA) will create a rule requiring healthcare workers to submit to weekly COVID-19 testing if they are not vaccinated. Based on the…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Responsibilities, Healthcare Workers

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Canada: Another Arbitrator Considers Interaction Between Canada Labour Code Leave Entitlements and Other Leave Entitlements

In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer’s collective agreements (CA) and the leave…more

Arbitration, Canada, Collective Agreements, Employee Benefits, Employees

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New Wisconsin Law Provides Immunity from COVID-19 Liability, With Limited Exceptions

On February 25, 2021, Wisconsin enacted a new law designed to help reduce ambiguity regarding COVID-19-related liability.  The statute (Wis. Stat. § 895.476), which became effective on February 27, 2021, gives certain entities…more

Civil Liability, Coronavirus/COVID-19, Employer Liability Issues, Immunity, Infectious Diseases

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Ten Common Benefits Issues Related to the COVID-19 Pandemic, Employee Furloughs and Reductions in Force

There are many more than 10 issues that are of concern to employers in connection with the current crisis.  Nevertheless, employers are dealing with certain recurrent matters…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Disaster Aid, Distribution Rules

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Recent NLRB Activity is a Mixed Bag for Employers’ Use of Restrictive Covenants

Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers. On one hand,…more

Employees, Employer Liability Issues, Employment Contract, NLRA, NLRB

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Skilled Labor Shortage in Germany – Creative Solutions for Retaining Key Employees and Attracting New Ones

In Germany there are currently more job vacancies than ever before. The shortage of skilled workers has arguably become the biggest brake on the economy. This is reason enough to take a look at possible solutions from an…more

Employee Retention, Employees, Employer Liability Issues, Germany, Hiring & Firing

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New Mexico Will Join the Growing List of States Where Recreational Marijuana is Legal

On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed two bills into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal records…more

Adverse Employment Action, Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Employment Policies

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California Law Extends Workplace Discrimination Prohibition to Stalking Victims and Imposes New Reasonable Accommodation Requirement

California Governor Jerry Brown recently signed into law Senate Bill No. 400 (SB 400), which expands the state's current employment discrimination protections to victims of stalking. Effective January 1, 2014, SB 400 amends…more

Americans with Disabilities Act (ADA), Crime Victims, Discrimination, DLSE, Domestic Violence

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San Francisco Releases “Back to Work” Layoff Notice and Related Guidance

On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) formally issued its guidance on the Temporary Right to Reemployment Following Layoff Due to the COVID-19 Pandemic Emergency Ordinance (also…more

Coronavirus/COVID-19, Employer Responsibilities, Layoffs, Local Ordinance, Re-Opening Guidelines

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Pennsylvania Supreme Court Expands Ability of Certain Employees to Bring Discrimination and Harassment Retaliation Claims under Whistleblower Law

On June 16, 2020, the Pennsylvania Supreme Court opened a new avenue for employees to file retaliation claims.  In a majority decision, the court held that the Pennsylvania Human Relations Act (PHRA) is not the only pathway for…more

Employer Liability Issues, Employment Litigation, Hiring & Firing, Labor Law Violations, PA Supreme Court

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Minnesota Update: The Latest COVID-19 Developments Impacting Minnesota Employers

On March 20, 2020, we published an Insight article detailing Minnesota’s swift response to the COVID-19 pandemic and the many resulting impacts on Minnesota employers. Over the last few weeks, Minnesota’s employment laws have…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employee Rights, Employer Liability Issues, Operators of Essential Services

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COVID-19: What has changed for employers since March?

The short answer is that a lot has changed since March. Employers and HR professionals have had to grapple with perhaps the most sudden and unexpected changes to employment law seen for many years. Furlough, working from home,…more

Coronavirus/COVID-19, Corporate Counsel, Furloughs, Holidays, Infectious Diseases

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Ones to Watch: Legislation Landscape for 2024

Three months into the new legislative year, with all but a handful of state legislatures currently in session, several employment law trends for 2024 have emerged. Some of the more significant trends reflect the country’s social…more

Artificial Intelligence, Bereavement Leave, Child Labor, Employee Benefits, Employer Liability Issues

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California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. The…more

Class Action, Dismissal With Prejudice, Employees, Employer Liability Issues, Employment Litigation

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Impacts of the Dobbs Decision on Employer Benefit Plans

As predicted, the United States Supreme Court issued its final decision in Dobbs v. Jackson Women’s Health Organization overturning the landmark 1973 case Roe v. Wade, which held the U.S. Constitution protected the right of…more

Abortion, Compensation & Benefits, Corporate Counsel, Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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U.S. Departments of Education and Justice Issue Dear Colleague Letter Regarding Digital Accessibility in Higher Education

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S. Department of Justice’s Civil Rights Division to make the public aware of both…more

Americans with Disabilities Act (ADA), Dear Colleague Letter, Department of Education, Department of Justice (DOJ), Disability Discrimination

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E-Verify Procedures During the Government Shutdown

When the federal government partially shut down on December 22, 2018, so did E-Verify, the online system for verifying a new hire’s eligibility to work. Employers that are obligated to or have chosen to use E-Verify have…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Federal Budget, Federal Funding

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Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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New Federal Fair Chance Act Applies to Federal Contractors and Agencies

On December 20, 2020, the president signed legislation, the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which includes the federal Fair Chance Act (“the Act”).  The Act prohibits federal contractors that have…more

Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks, Criminal Records

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Pennsylvania Expands Definitions of Race, Sex and Religious Creed in Human Relations Act

On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved amendments to the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act regulations to add a…more

Anti-Discrimination Policies, Employer Liability Issues, Employment Policies, Labor Reform, LGBTQ

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California Supreme Court Expands the Reach of the California Prevailing Wage Law

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined.  This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and…more

CA Supreme Court, Labor Code, Labor Regulations, Prevailing Wages, Wage and Hour

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Louisiana “Stay at Home” Proclamation, Effective March 23 – What Does it Mean for Employers?

On Sunday, March 22, 2020, Louisiana Governor John Bel Edwards issued a statewide “Stay at Home” Proclamation that goes into effect at 5:00 p.m., Monday, March 23, 2020. The Proclamation requires all individuals in the State of…more

Coronavirus/COVID-19, Essential Functions, Governor Bel Edwards, Shelter-In-Place

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Supreme Court Upholds Lawfulness of Class and Collective Action Waivers in Arbitration Agreements

The Supreme Court has weighed in: class and collective action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act (FAA)…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Epic Systems Corp v Lewis, Ernst & Young v Morris

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent…more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Littler Lightbulb: Paid Leave Policies & Practices

With the number, type, and scope of paid leave laws constantly expanding, employers may struggle to adapt successfully and quickly to the changing legal landscape…more

Employee Rights, Employer Liability Issues, Employment Policies, Labor Regulations, Paid Leave

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The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict…more

Adverse Employment Action, Civil Rights Act, Disparate Treatment, Employment Discrimination, Employment Litigation

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California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such use…more

California, Employee Rights, Employer Liability Issues, Employment Policies, FEHA

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Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment…more

Anti-Retaliation Provisions, Background Checks, Corporate Counsel, Credit Reports, Employee Credit Checks

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Minnesota Wage Theft Law Update

Minnesota’s wage theft law, which largely went into effect on July 1, 2019, created new documentation and recordkeeping requirements for employers, including a required written notice that must be distributed to employees and…more

Criminal Penalties, Employer Liability Issues, Labor Law Violations, Labor Regulations, New Legislation

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Los Angeles, California Adopts Rules to Implement Supplemental Paid Sick Leave Order

At 9:15 p.m. on April 7, 2020, Los Angeles Mayor Eric Garcetti issued an emergency order that immediately required certain employers to provide supplemental paid sick leave (SPSL)…more

Coronavirus/COVID-19, Local Ordinance, Sick Leave, Sick Pay

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The Emergency Pension Plan Relief Act Proposes a Bailout of Struggling Multiemployer Pension Plans

House Education and Labor Chairman Bobby Scott (D-VA) recently introduced legislation that seeks to rescue multiemployer pension plans (MEPs) facing insolvency. Entitled the Emergency Pension Plan Relief Act (EPPRA), the bill…more

Employee Benefits, Insolvency, Legislative Agendas, Multiemployer Plan, Pensions

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NLRB General Counsel Provides Guidance on Non-Disparagement and Confidentiality Provisions in Severance Agreements

The National Labor Relations Board (NLRB or “the Board”) recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or…more

Confidentiality Agreements, Contract Terms, Employer Liability Issues, Guidance Update, NLRA

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California Supreme Court Clarifies Requirements of Commissioned Employee Exemption

In recent years there has been substantial litigation regarding whether and how employers may satisfy California minimum wage requirements for compensation plans involving commissions. In Peabody v. Time Warner Cable, Inc., the…more

Corporate Counsel, Employer Liability Issues, Exempt-Employees, Minimum Wage, Putative Class Actions

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Self-Driving Trucks and Labor Law—A Look Ahead

Welcome to the future: The year is 2020 and an organized—i.e., unionized trucking company—“L2M2” has announced it is acquiring a convoy of autonomously powered—i.e., “self-driving”—transportation vehicles…more

Artificial Intelligence, Automation Systems, Collective Bargaining Agreements (CBA), Commercial Truck Drivers, Driverless Cars

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Canada: Another Arbitrator Considers Interaction Between Canada Labour Code Leave Entitlements and Other Leave Entitlements

In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer’s collective agreements (CA) and the leave…more

Arbitration, Canada, Collective Agreements, Employee Benefits, Employees

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Reopening Florida: The Step-by-Step Plan for Florida’s Recovery

The impacts of COVID-19 have been felt in every corner of Florida and have dramatically affected the way that we do business, the way we interact, and the way we live.  This article offers guidance on Florida’s progress toward…more

Amusement Parks, Child Care, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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Mississippi Legalizes Medical Cannabis

On February 2, 2022, Mississippi became the latest state to create a medical marijuana law.  The Mississippi Medical Cannabis Act (MMCA) became effective immediately upon Governor Tate Reeves’s signature. Prior to enacting the…more

Adverse Employment Action, Employer Liability Issues, Employment Policies, Marijuana, Medical Marijuana

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The Legislative and Ballot Initiative Landscape in Massachusetts

The Massachusetts legislature has introduced a series of employment- and labor-related bills that, if enacted, will require employers across the Commonwealth to establish, revisit or revise policies and practices. In addition,…more

Ballot Measures, Employer Liability Issues, Hiring & Firing, Labor Reform, Pending Legislation

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The Netherlands: Rules Implementing NOW 2.0 Wage Subsidy Program Released

In May, the Dutch government extended until October 1, 2020, the economic relief package related to the coronavirus crises, known as the NOW 2.0 scheme. Under this wage subsidy program, businesses that suffer at least a 20% loss…more

Coronavirus/COVID-19, Eligibility, Layoffs, Netherlands, Relief Measures

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California Supreme Court Stabilizes the Law in California Misclassification Class Action Cases

In a long-awaited decision, the California Supreme Court in Duran v. U.S. Bank National Association, S200923 (May 29, 2014), clarified California's standard for certifying class actions in employee misclassification cases. In…more

Class Action, Comcast, Comcast v. Behrend, Dukes v Wal-Mart, Employer Liability Issues

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UK Race Equality Week 2024: Labour's Proposed Shake-up of Discrimination Laws

Earlier this month, in the midst of Race Equality Week in the UK, the Labour party announced that they propose to make significant changes to discrimination laws if they win the next general election. What is Labour proposing…more

Anti-Discrimination Policies, Disabilities, Equal Pay, Labor Reform, Pay Gap

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Seventh Circuit Holds Failure to Conciliate is Not a Defense Available to Employers in Litigation with the EEOC

In EEOC v. Mach Mining, LLC, the Seventh Circuit became the first federal circuit to foreclose an employer's ability to use the implied affirmative defense that the Equal Employment Opportunity Commission (EEOC) failed to…more

Affirmative Defenses, Discrimination, Equal Employment Opportunity Commission (EEOC), Title VII

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Wisconsin Supreme Court Ends Required Deference to State Administrative Agencies' Interpretations, Allowing Employers to Push for Broader Review of Agency Decisions

The Wisconsin Supreme Court recently reversed its nearly half-century practice of deferring to state administrative agencies’ interpretations of the laws the agencies are responsible for enforcing…more

Administrative Interpretation, Administrative Proceedings, WI Supreme Court

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PBGC Issues Proposed Rule on Withdrawal Liability Actuarial Interest Rate Assumptions

On October 14, 2022, the Pension Benefit Guaranty Corporation (PBGC), the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the Employee Retirement Income Security Act of…more

Comment Period, Defined Benefit Plans, Employee Benefits, PBGC, Pension Reform

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DOL Issues Guidance on the Child Labor “Hot Goods” Prohibition

On August 31, 2023, the U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2023-3 (FAB) to provide guidance to field staff on the prohibition against the shipment of “hot goods,” found in…more

Child Labor, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws

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The Employer’s Guide to Europe’s Inflation

After two years of dealing with a pandemic, European countries are now shaken by record levels of inflation and flagging growth. To help households cope with this situation, which currently shows no sign of improving,…more

Compensation & Benefits, Employee Benefits, Employees, Employer Liability Issues, Inflation Adjustments

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NLRB Paves the Way for Bargaining Units Composed of Employees of Two Different Employers

In a widely anticipated decision, the National Labor Relations Board has reversed its 2004 decision in Oakwood Care Center, and determined a union seeking to represent employees in a bargaining unit composed of employees solely…more

Bargaining Units, Browning-Ferris Industries of California Inc., Collective Bargaining, Consent, Corporate Counsel

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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UK Employment Law Forecast: Emerging Challenges and Trends for 2024

We have previously written in detail about the key legislation to be implemented in the United Kingdom in 2024 and considered the changes employers must grapple with this year. In this article, we take a step back to look at…more

Corporate Counsel, Employees, Employer Liability Issues, International Labor Laws, Labor Reform

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

OSHA Announces Highly Focused Healthcare Facility Inspection Plan

The Occupational Safety and Health Administration (OSHA) recently announced in a memorandum it will proceed with a highly focused, short-term initiative directed at general medical and surgical hospitals, psychiatric and…more

Employer Liability Issues, Healthcare Facilities, Healthcare Workers, OSHA, Safety Inspections

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EU Whistleblowing Directive – An Implementation Update

Protection of whistleblowers has been on the EU’s agenda for quite some time. Four years ago the EU issued the EU Whistleblowing Directive throughout its Member States…more

Employer Liability Issues, EU, EU Directive, Internal Reporting, International Labor Laws

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Indiana’s Roadmap to get Back on Track after COVID-19 Lockdown

The month of May in Indianapolis is not the same without the Indianapolis 500, which usually runs Memorial Day weekend. Indiana currently plans to hold the race on August 23, 2020. While there will be no cars at the brickyard…more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements, Workplace Safety

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Littler Global Guide - Austria - Q4 2021

Implementation of the “3G” Requirement at the Workplace, Effective November 1, 2021 - New Order or Decree - The “3G Rule,” which entered into effect on November 1, 2021, requires all employees who have contact with other…more

Austria, Compensation & Benefits, Coronavirus/COVID-19, Employee Benefits, Employer Mandates

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Long-Awaited Guidance on Illinois Department of Human Rights Employer Reporting Requirement Released

On August 9, 2019, Governor J.B. Pritzker signed into law Public Act 101-0221 (the Act), which amended the Illinois Human Rights Act (IHRA). Among other changes, this amendment requires employers with at least one adverse…more

Disclosure Requirements, Employer Liability Issues, Employment Discrimination, Human Rights, New Legislation

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FTC Proposes Rule Banning Non-Competes

On January 5, 2023, the Federal Trade Commission published a proposed rule that, if it became final, would ban all non-compete agreements with limited exceptions. The rule would go into effect 60 days after it becomes final, but…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Labor Reform, Non-Compete Agreements

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Kansas City, Missouri Joins National Movement to Ban Salary History Inquiries

Kansas City, Missouri joined the growing list of cities with salary history bans, aligning with a national trend that continues to gain momentum. On May 23, 2019, the city council passed Ordinance No. 190380—aimed to address the…more

Employer Liability Issues, Employment Discrimination, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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USCIS Announces Upcoming H-1B Cap Lottery Dates and New Beneficiary-Centric Selection Process

USCIS has officially announced the dates for the fiscal year (FY) 2025 H-1B cap lottery, which will open on Wednesday, March 6, 2024 at noon ET and end on Friday, March 22, 2024, at noon ET. This annual lottery is meant to…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens. In…more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Corporate Counsel, Department of Justice (DOJ)

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Got the Green Light: New Puerto Rico Law Expands Employment Protections for Registered and Licensed Medical Cannabis Patients

On July 29, 2021, Puerto Rico Governor Pedro Pierluisi signed into law Act No. 15-2021 (Act 15). Act 15 amends Act No. 42 of July 9, 2017, also known as the Act to Manage the Study, Development and Research of Cannabis for…more

Anti-Discrimination Policies, Employee Rights, Employer Liability Issues, International Labor Laws, Marijuana

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Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023…more

Controlling Employer, Corporate Counsel, Employer Liability Issues, Federal Labor Laws, Hiring & Firing

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NLRB Changes Standard for Deferral to Arbitration in Discrimination and Retaliation Cases

In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent.  In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board…more

Arbitration, Babcock & Wilcox Construction, Contract Drafting, Corporate Counsel, Deferral Standard

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New Arizona Law Eases Restrictions for Obtaining Occupational Licenses for Those With Criminal Histories

Arizona Governor Doug Ducey recently signed House Bill 2067 into law amending Arizona Revised Statutes (A.R.S.) Section 13-905, to allow persons convicted of certain criminal offenses the opportunity to set aside a prior…more

Criminal Convictions, Criminal Records, Employer Liability Issues, Hiring & Firing, Labor Regulations

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Court Finds Deferred Action for Childhood Arrivals (DACA) Final Rule Unlawful

On September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA final rule unlawful. DACA, which commenced in 2012, protects certain undocumented immigrants brought to the…more

DACA, Deportation, Employer Liability Issues, Employment Authorization Documents (EAD), Hiring & Firing

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NY Employers to Provide Certain Notices Electronically

On December 16, 2022, New York Governor Kathy Hochul signed an amendment to New York Labor Law Section 201, mandating that employers make notices required to be physically posted at a worksite under federal and state law or…more

Amended Regulation, Employer Liability Issues, Labor Reform, New York, Notice Requirements

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Maryland Enacts a Name, Image, and Likeness Law

Maryland has enacted a law allowing student-athletes to earn compensation from name, image, and likeness (NIL) endorsement deals. The law, Md. Code Ann., Educ. § 15-131, went into effect on July 1, 2023, and is part of a…more

Compensation & Benefits, Educational Institutions, Endorsements, Intellectual Property Protection, Labor Reform

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Landmark Decision by Europe’s Top Court Jeopardizes U.S. Multinationals’ Transfers of HR Data from the European Union to the United States

On July 16, 2020, the European Court of Justice (CJEU)?the “supreme court” of the European Union (EU)?issued a surprise decision that for the second time in five years completely invalidates the special EU-to-U.S. personal “data…more

Court of Justice of the European Union (CJEU), EU, EU-US Privacy Shield, General Data Protection Regulation (GDPR), International Data Transfers

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Seventh Circuit Case Confirms that “Full and Fair Review” of Disability Claims Requires Disclosure of New Evidence Before Denying Appeals

A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations. The decision also serves as…more

Administrative Review, Corporate Counsel, Denial of Benefits, Disability Insurance, Employee Benefits

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Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory…more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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Massachusetts Enacts Law Banning Discrimination Based on Hair Texture and Style

On July 26, 2022, Massachusetts Governor Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act that bans discrimination based upon natural and protective hairstyles in workplaces,…more

Dress Codes, Employer Liability Issues, Employment Discrimination, Employment Policies, Hairstyle Discrimination

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Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023…more

Controlling Employer, Corporate Counsel, Employer Liability Issues, Federal Labor Laws, Hiring & Firing

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Federal Court Strikes Down Dallas Paid Sick Leave Ordinance

The U.S. District Court for the Eastern District of Texas has permanently enjoined a controversial Dallas ordinance requiring employers to provide paid sick leave benefits to certain employees. The permanent injunction took…more

Employee Benefits, Employer Liability Issues, Labor Regulations, Motion To Enjoin, Preliminary Injunctions

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Employer Drug-Testing Rules Clipped by Rhode Island Marijuana Legalization

On May 25, 2022, Rhode Island Governor Daniel McKee signed into the law the Rhode Island Cannabis Act, which legalized recreational cannabis.  As a result, Rhode Island has joined a small but growing minority of states that…more

Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Employment Policies, Marijuana

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What New Employment Laws Were Enacted in Arkansas?

The 2019 session was a busy one for the Arkansas General Assembly, as the state enacted at least nine labor and employment-related measures in its recently concluded legislative session…more

Employee Privacy Rights, Employer Liability Issues, Gig Economy, Health Insurance, Hiring & Firing

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México: Decreto de Incorporación al régimen obligatorio del Seguro Social a los beneficiarios del Programa “Jóvenes Construyendo el Futuro”.

El 31 de enero de 2019, se publicó en el Diario Oficial de la Federación el Decreto emitido por el Presidente Andres Manuel López Obrador a través del cual se establece que los beneficiarios del Programa “Jóvenes Construyendo el…more

Employee Benefits, International Labor Laws, Mexico, Social Security Benefits, Social Welfare Organizations

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Philadelphia’s Wage Equity Bill Set To Go Into Effect On May 23, 2017

Mayor Jim Kenney signed the Philadelphia Wage Equity Bill into law on Monday, January 23, 2017. It will take effect on May 23, 2017, and be codified in the Philadelphia Code at Sections 9-1103((1)(i) and 9-1131. Under the new…more

Employer Liability Issues, Equal Pay, Gender Discrimination, Gender Equity, Gender-Based Pay Discrimination

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Littler Global Guide - United Kingdom - Q4 2018

Supreme Court Rules that Refusal to Bake “Gay-Cake” Was Not Discriminatory - Precedential Decision by Judiciary or Regulatory Agency - On October 10, 2018, the UK Supreme Court held a bakery and its Christian owners had…more

Data Breach, Employment Litigation, Freedom of Expression, Freedom of Religion, Hiring & Firing

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Illinois Passes Workers’ Rights Amendment

On November 8, 2022, Illinois voters approved the Illinois Constitution Amendment 1 (the “Workers’ Rights Amendment” or the “Amendment”), which amends the state constitution to guarantee workers a broad right to collective…more

Collective Bargaining, Constitutional Amendment, Employee Rights, Illinois, Labor Reform

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Mistakes and Myths about Home Offices and Mobile Working in Germany

The child is ill, an important delivery is expected “between 8:00 a.m. and 7 p.m.” or the car has to go to the garage. What could be more natural than working from home? A quick email to the employer that you will work from your…more

Email Policies, Germany, International Labor Laws, Telecommuting, Wage and Hour

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating NLRA Section 7-Like Rights and Remedies

On February 26, 2024, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (the “Division”) adopted final rules for the Protections for Public Workers Act (PROPWA). As previously discussed,…more

Collective Bargaining, Colorado, Employees, NLRA, Protected Concerted Activity

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Puerto Rico Department of the Treasury Announces 2024 Limits on Qualified Retirement Plans

On January 31, 2024, the Puerto Rico Department of the Treasury issued Internal Revenue Circular Letter No. 24-01 (CL IR 24-01) announcing the applicable 2024 limits for Puerto Rico qualified retirement plans. Pursuant to…more

Compensation & Benefits, Contribution Limits, Employee Benefits, Puerto Rico, Qualified Retirement Plans

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Implications of India’s New Data Protection Law for U.S. Multinational Employers

With presidential assent granted on August 11, 2023, for India’s Digital Personal Data Protection Act, 2023 (“DPDA” or the “Act”), India joined the ranks of dozens of jurisdictions globally that have enacted comprehensive data…more

Corporate Counsel, Data Privacy, Data Protection, India, International Data Transfers

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Recreational Marijuana Use Away from Work Now Protected in New York

On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers…more

Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Labor Regulations, Marijuana

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Massachusetts Attorney General Publishes Long-Anticipated Guidance on the Revised Pay Equity Law

The Massachusetts Attorney General has recently published an Overview and Frequently Asked Questions (the “Overview”) regarding the amendment to the Massachusetts Equal Pay Act, set to take effect on July 1, 2018. The Overview…more

Corporate Counsel, Employer Liability Issues, Equal Pay, Equal Pay Act, Gender Discrimination

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You Put Your Mask Order On, You Take Your Mask Order Off: What the St. Louis Face Covering Orders Are All About

On Monday, July 26, 2021, the St. Louis County Department of Health issued a Face Covering Order (the “County Order”).  In an effort of regional coordination, the St. Louis City Health Commissioner also issued a Face Covering…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Infectious Diseases, Masks

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California Enacts Two Laws Aimed At Combating Human Trafficking

Two new California laws seek to combat human trafficking through required training and mandatory notice postings. These steps are intended to provide education and resources for employees who believe they, or someone they know,…more

Child Labor, Corporate Counsel, Corporate Social Responsibility, Employee Training, Forced Labor

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The E.U. Advances a Watered-Down but Nonetheless Landmark Human Rights Draft Law – What This Means for Global Employers

This summer, the European Union is expected to finalize and pass a law – albeit in a materially different form from previous versions – that will place substantial human rights obligations on global employers.  On March 15,…more

Anti-Corruption, Corporate Counsel, Corporate Social Responsibility, Due Diligence, EU

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New Jersey Enacts “Bill of Rights” for Domestic Workers

The New Jersey Domestic Workers’ Bill of Rights (S723/A822), one of three laws signed in early January relating to protecting immigrants and part of the Murphy administration’s larger effort to build a more inclusive state for…more

Domestic Workers, Employee Rights, Employer Liability Issues, Foreign Workers, Immigrants

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Divergent Paths on Regulating Artificial Intelligence

On March 21, 2024, the United Nations (UN) adopted a landmark resolution on the promotion of “safe, secure and trustworthy” artificial intelligence (AI) systems. The UN’s resolution contains a “comprehensive vision” for how…more

Artificial Intelligence, Bias, Employer Liability Issues, Employment Discrimination, EU Directive

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Risky Business: EEOC Interprets ADA Coverage for Individuals at Higher Risk of Contracting COVID-19

In a series of guidance issued since May 5, 2020 (some of which was withdrawn, revised, and reissued), the U.S. Equal Employment Opportunity Commission (EEOC) addressed protections under the Americans with Disabilities Act (ADA)…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Corporate Counsel, Disability Discrimination, Employer Liability Issues

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Rhode Island Joins the New England Trend with a Law Placing Substantial Limitations on Noncompete Agreements

Rhode Island has followed the recent trend of its neighboring states—including Maine, Massachusetts, and New Hampshire—by enacting a law that largely prohibits employers from entering into noncompete agreements with their…more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Hiring & Firing

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Court Denies Preliminary Injunction of Title IX Effective Date

On June 4, 2020, the Commonwealth of Pennsylvania, along with 17 other states, filed suit against the United States and Betsy DeVos, in her official capacity as Secretary of Education, to prevent implementation of the Title IX…more

Colleges, Department of Education, Educational Institutions, Gender-Based Violence, Preliminary Injunctions

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Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and…more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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Temporary Rules for Temporary Workers? New Jersey Department of Labor Issues Guidance on Temporary Workers’ Bill of Rights

Earlier this year New Jersey Governor Phil Murphy signed into law the Temporary Workers’ Bill of Rights (the “Bill of Rights”), which established numerous labor and employment protections for large portions of New Jersey’s more…more

Employee Rights, Employees, Employer Liability Issues, Labor Reform, New Jersey

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Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory…more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

See all updates »

Minding the Pay Gap: What Employers Need to Know as Pay Equity Protections Widen (UPDATED)

I. Introduction - The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and the…more

Disparate Treatment, Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination

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D.C. Circuit Holds Withdrawal Liability Interest Rate Must Reflect Plan’s Investment Policy

On Friday, July 8, 2022, the U.S. Court of Appeals for the D.C. Circuit issued its decision in United Mine Workers of America 1974 Pension Plan v. Energy West Mining Company, joining the Sixth Circuit in holding that the…more

Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Multi-Employer Pensions, Multiemployer Pension Plan Amendments Act (MPPAA)

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Avoiding Workplace Discrimination in the Wake of Mass Violence

The morning after any kind of mass violence playing on loop on every media outlet poses unique challenges to employers and managers…more

Backlash Discrimination, Diversity, Employer Liability Issues, Employment Policies, Mass Shootings

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Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of requiring…more

Canada, Compensatory Damages, Discriminatory Intent, Eligibility, Eligibility Determination

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D.C. Circuit: NLRB Must Weigh Contract-Based Defenses and Enforce Lawful CBA Provisions

The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of…more

Administrative Law Judge (ALJ), Collective Bargaining Agreements (CBA), Employer Liability Issues, Labor Disputes, Labor Relations

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México Publica Norma Oficial Mexicana NOM-037-STPS-2023: Teletrabajo-Condiciones de Seguridad y Salud en el Trabajo

El 08 de junio de 2023, la Secretaría de Trabajo y Previsión Social publicó en el Diario Oficial de la Federación la Norma Oficial Mexicana NOM-037-STPS-2023 Teletrabajo-Condiciones de Seguridad y Salud en el Trabajo (“NOM-037”…more

Employer Liability Issues, Health and Safety, International Labor Laws, Labor Reform, Mexico

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Anticipating Business Recovery in France

Developing a business recovery strategy - Prompted by the French government's support measures, companies are favoring a partial resumption of business activities.  Employers will have to consider, however, the extent to…more

Business Interruption, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, France

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Strategy to Address China’s Recent Proposed HR Exception to Facilitate Cross-Border Data Transfers

Multinationals with employees in the People’s Republic of China (PRC) continue to confront a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract.  This implementation…more

China, Cybersecurity, Data Privacy, Data Protection, Employer Liability Issues

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Kentucky Closes All Nonessential Retail Businesses

On March 22, 2020, Kentucky Governor Andy Beshear issued Executive Order 2020-246, which orders all nonessential retail businesses to close by 8:00 p.m., March 23, 2020…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Govrenor Beshear

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México Pone En Marcha Un Nuevo Protocolo De Inspección Laboral Con Perspectiva De Género

El 7 de marzo de 2024, la Secretaría del Trabajo y Previsión Social (STPS) publicó un Protocolo para la Inspección Laboral con Perspectiva de Género, diseñado como una herramienta para que los inspectores laborales evalúen el…more

Gender Equity, International Labor Laws, Labor Inspectors, Labor Law Violations, Labor Reform

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Texas Amends its Uniform Trade Secrets Act

Last month, Texas’s legislature amended the Texas Uniform Trade Secrets Act (TUTSA). These amendments expand and clarify TUTSA’s definitions, add a clarification to enjoining trade secrets misappropriation, and codify a…more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Trade Secrets, Uniform Trade Secrets Acts

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Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement…more

Constitutional Challenges, Day Laborers, Due Process, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Massachusetts Revises Paid Family and Medical Leave Guidance to Provide More Discretion to Employers

The Massachusetts Department of Family and Medical Leave (DFML) is ringing in the new year with new, more employer-friendly guidance regarding an employee’s ability to use paid leave to “top up” Paid Family and Medical Leave…more

Employee Benefits, Employer Liability Issues, Labor Reform, Medical Leave, Paid Family Leave Law

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DOL Provides Enforcement Reprieve for Certain Seasonal Establishments Coping with COVID-19

On September 15, 2020, the United States Department of Labor assured existing, seasonal-based establishments they could engage in alternative activities to cope with the financial fallout from COVID-19, without losing their…more

Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues, Enforcement Guidance, Fair Labor Standards Act (FLSA)

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Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a…more

Disparate Impact, Employer Liability Issues, Employment Litigation, Equal Pay, Equal Pay Act

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Georgia Courts May Not Apply Foreign Law to Restrictive Covenants That Do Not Comply with the Georgia Restrictive Covenants Act

On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision…more

Application of Foreign Laws, Choice-of-Law, Employer Liability Issues, Employment Contract, GA Supreme Court

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Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional

On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a…more

Administrative Procedure, Appeals, Certiorari, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Federal Court Decision Protects Independent Contractor Status

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the Department…more

Administrative Procedure Act, Corporate Counsel, Department of Labor (DOL), Employee Definition, Employer Liability Issues

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DOL Simplifies Independent Contractor Analysis in Final Rule

On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule.  The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when a…more

Corporate Counsel, Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Massachusetts Agency Provides Guidance on Unemployment Benefits for Returning Employees and Employers’ Obligations

The Massachusetts Department of Unemployment Assistance (DUA) recently issued new guidance for employers, addressing a number of questions related to the effect returning to work will have on employees’ unemployment benefits and…more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements, Unemployment Benefits

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The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board, as…more

Corporate Counsel, Employment Contract, Federal Trade Commission (FTC), Former Employee, Intellectual Property Protection

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Texas District Court Declares State Preemption Law Unconstitutional. What Now?

The legal battle continues between large cities and the State of Texas over state attempts to nullify local enactments on employment and other matters that exceed or conflict with state law…more

Constitutional Challenges, Employees, Employer Liability Issues, Local Ordinance, Preemption

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New Jersey DOL Launches Strategic Enforcement Initiative Targeting Residential Construction & Commercial Laundromats

On November 29, 2022, the New Jersey Department of Labor and Workforce Development (the “NJDOLWD” or the “Department”) announced what it calls a “comprehensive enforcement strategy” to target employers in specific…more

Construction Workers, Employer Liability Issues, Labor Reform, New Jersey, State Labor Laws

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Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Pennsylvania Federal Judge Finds Governor Wolf’s Pandemic Restrictions Unconstitutional

Pennsylvania’s gathering limitations, business shutdown and stay-at-home orders violate the United States Constitution, according to a federal judge in the Western District of Pennsylvania, who enjoined enforcement of those…more

Business Closures, Constitutional Challenges, Coronavirus/COVID-19, Due Process, Emergency Management Plans

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Build Back Botter: What Artificial Intelligence Means for the Construction Workplace

“Hey Chat GPT, finish this building.” This dare, written on a billboard that went viral last year, captures a truth and a stereotype about the world of construction. The truth is that the construction industry will, for the…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Construction Industry, Construction Project, Construction Workers

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California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

The California Supreme Court in Adolph v. Uber Technologies, Inc. affirmed the key holding in the U.S. Supreme Court’s landmark decision in Viking River Cruises v. Moriana last year—the FAA requires PAGA plaintiffs to arbitrate…more

Arbitration, Arbitration Agreements, CA Supreme Court, Employment Litigation, Federal Arbitration Act

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Colorado Pay Transparency Amendments Go Live January 1, 2024, Requiring Application Deadlines and Post-Selection Notices

Colorado employers face additional requirements as of January 1, 2024 to comply with the amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA), which originally took effect in 2021.  Most notably, employers will be…more

Colorado, Employer Liability Issues, Labor Reform, Pay Transparency, State Labor Laws

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An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to…more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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Virginia Realigns Overtime Requirement with Federal FLSA

Virginia, historically reliant on the federal Fair Labor Standards Act (FLSA) to govern overtime obligations, passed its first stand-alone overtime law in March 2021.  The Virginia Overtime Wage Act (VOWA), went into effect on…more

Fair Labor Standards Act (FLSA), Labor Reform, Over-Time, State Labor Laws, Virginia

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North Carolina Enacts Law Repealing "Bathroom" Bill But Limiting Local Anti-Discrimination Laws

Last week, North Carolina lawmakers repealed the state’s controversial House Bill 2 (“HB 2”), which had required individuals to use the public bathroom that corresponds with the sex on their birth certificate, along with several…more

Corporate Counsel, Discrimination, Gender Discrimination, Gender Identity, LGBTQ

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Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis…more

Adverse Employment Action, Connecticut, Drug Testing, Employees, Employer Liability Issues

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California and Washington Issue Vaccine Mandates — Frontrunners in What Appears to Be a Growing Trend

On July 26, 2021, California Governor Gavin Newsom announced that his state will require all state employees and healthcare workers to provide proof of vaccination or be subject to regular COVID-19 testing. On August 5, 2021,…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Mandates, Health and Safety

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Colorado Department of Labor and Employment Issues Emergency Rule and FAQs Addressing Employees Concerned about Returning to the Workplace

As the nuances of Colorado Governor Jared Polis’s “Safer at Home” Order continue to reveal themselves to Colorado employers resuming operations, one more state agency has weighed in: the Colorado Civil Rights Division (CCRD)…more

Anti-Retaliation Provisions, CARES Act, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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Highlights of the Federal Proposals to Regulate NIL Deals

The 2023 college football season ended in early January, and sports fans are eagerly anticipating the start of college basketball’s March Madness. Many are also anxious about the future of college sports, given the non-stop news…more

Athletes, College Athletes, Compensation & Benefits, Intellectual Property Protection, Name and Likeness

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Canada: Cross Country Survey of Changes to Workers’ Compensation System in Response to COVID-19

The workers’ compensation system in Canada is a no-fault insurance system that provides employees who become injured or ill at the workplace with compensation from a statutorily established accident fund. …more

Canada, Coronavirus/COVID-19, Deferred Action, Employer Liability Issues, Workers Compensation Awards

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Big Changes to Minnesota’s Employment Laws Are Coming Soon

The Minnesota legislature has passed a sweeping Omnibus Jobs Bill that Governor Tim Walz has said he will sign. This legislation will significantly impact Minnesota employers in a variety of ways.  Among other things, it will…more

Breastfeeding, Employees, Employer Liability Issues, Labor Reform, Non-Compete Agreements

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California to Require Venture Capital Firms to Report Demographic Information

On October 8, 2023, California Governor Gavin Newsom signed Senate Bill 54 (SB 54), Fair Investment Practices by Investment Advisers, which requires venture capital firms to collect and report data on the demographic composition…more

California, Data Reporting, Employer Liability Issues, Investment Firms, Labor Reform

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President Biden Issues Landmark Artificial Intelligence Executive Order

On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” to address the growing concerns surrounding the use of artificial intelligence…more

Algorithms, Artificial Intelligence, Best Practices, Bias, Biden Administration

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Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement…more

Constitutional Challenges, Day Laborers, Due Process, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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COLOMBIA: COVID-19 (Coronavirus) – Employer FAQs

On March 11, 2020, Colombia’s Health Ministry declared that every person arriving from China, Spain, Italy and France must self-isolate for 14 days from the date of their arrival in Colombia…more

Anti-Discrimination Policies, Best Practices, Business Continuity Plans, China, Colombia

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USCIS Suspends Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

On March 21, 2018, USCIS announced that it will again temporarily suspend premium processing for all fiscal year (FY) 2019 cap-subject H-1B petitions…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Hot Wage and Hour Issues for Home Healthcare Employers

In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification As…more

Class Action, Fair Labor Standards Act (FLSA), Health Care Providers, Healthcare, Independent Contractors

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Sixth Circuit Provides Expansive Due Process Rights in Title IX Cases

In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the…more

Appeals, Colleges, Cross Examination, Due Process, Investigations

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Rhode Island Enacts New “Tip Protection” Law

On June 28, 2022, Rhode Island Governor Daniel McKee signed new “tip protection” legislation. The statute prohibits employers of tipped employees from retaining employee tips, creates new requirements for tip pools, and sets…more

Employer Liability Issues, Food Service Workers, Labor Reform, New Legislation, Regulatory Standards

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Ye Olde Holiday Crossword — With Clues for Solving the Office Party Puzzle

As the end of the year approaches, many employers are preparing for the annual office holiday party. This occasion presents an opportunity for employers to express appreciation for the hard work performed by staff all year…more

Anti-Discrimination Policies, Anti-Harassment Policies, Civil Rights Act, Employer Liability Issues, Employment Policies

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Wading through the Changing Tide of Paid Sick Leave Laws in Washington State

2016 may be the most dynamic year yet for paid sick leave developments in Washington State. Two months into the new year we have already seen significant changes to the Seattle sick and safe time law, a new paid leave ordinance…more

Corporate Counsel, Employee Benefits, Federal Contractors, Paid Time Off (PTO), Posting Requirements

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Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

Employers had a big win in late June 2023 when a trial court in Sacramento enjoined until March 29, 2024, enforcement of the final regulations under the California Privacy Rights Act (CPRA), the only one of 14 recently enacted,…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cooperative Compliance Regime

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NLRB Reaffirms Regional Directors’ Discretion to Dismiss Election Petitions Absent a Hearing

On June 15, 2022, in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109, the National Labor Relations Board reaffirmed that regional directors have authority to dismiss representation and decertification petitions if the…more

Administrative Hearings, Administrative Merits Determinations, Collective Bargaining, Federal Labor Laws, Labor Relations

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Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Ninth Circuit Indicates Restrictive Covenants in Collaborative Business-to-Business Agreements Can Escape Per Se Liability

Few experts in the field of unfair competition law would disagree that the 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., was a game changer in California, overturning what was then approximately 30…more

Antitrust Provisions, Employment Contract, Hiring & Firing, Non-Disclosure Agreement, Non-Solicitation Agreements

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#MeToo Update: The Adult Survivors Act for New York Employers

New York State’s Adult Survivors Act (ASA), which was enacted on November 24, 2022, amends the state’s statute of limitations for civil claims alleging certain sexual offenses—which may include any unwanted sexual contact in the…more

#MeToo, Employer Liability Issues, New Legislation, New York, Regulatory Reform

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Refresh! The CDC Revisits COVID-19 Restrictions for Fully Vaccinated Individuals

On July 27, 2021, the Centers for Disease Control and Prevention (CDC) revised its COVID-19 guidance, recommending that even individuals who have been fully vaccinated against COVID-19 should resume wearing masks in public…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases

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NLRB Eases Standard for Withdrawing Union Recognition Upon Contract Expiration

In a 3-1 decision, the National Labor Relations Board (Board) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), adopted a new standard that applies to an employer’s anticipatory withdrawal of union recognition, and set…more

Collective Bargaining, Johnson Controls, Labor Regulations, Labor Relations, Mutual Recognition Agreement

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Colorado Expands Coverage and Amount of Leave under Health Emergency Leave with Pay (HELP) Rules

On April 27, 2020, the Colorado Department of Labor and Employment amended its Health Emergency Leave with Pay (HELP) Rules, which require certain employers to provide employees paid sick leave for a covered COVID-19 reason…more

Coronavirus/COVID-19, Employer Liability Issues, Paid Time Off (PTO), Sick Leave, State and Local Government

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DOL Addresses Independent Contractor Status of Tractor-Trailer Drivers under FLSA in Final Flurry of Opinion Letters

On January 19, 2021, the U.S. Department of Labor issued four new opinion letters. The final Wage and Hour opinion letter issued by the DOL under the Trump administration, FLSA2021-9, addressed two issues related to the trucking…more

Commercial Truck Drivers, Department of Labor (DOL), Employee Definition, Employer Liability Issues, Gig Economy

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Littler 2022 European Employer Survey Report - October 2022

Executive Summary - Just how far can companies go in requiring in-person work? That is one of the critical questions facing European employers today, according to Littler’s 2022 European Employer Survey Report, which draws…more

Corporate Counsel, Employees, EU, International Labor Laws, Remote Working

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Does Making Any Complaint About Work Now Turn An Employee Into A Possible Whistleblower Under Minnesota Law?

The Minnesota Supreme Court issued a unanimous opinion on August 9, 2017 in Friedlander v. Edwards Lifesciences, LLC, finding that the 2013 amendments to the Minnesota Whistleblower Act (“MWA”) abrogated the requirement that a…more

Employer Liability Issues, Good Faith, Hiring & Firing, Internal Reporting, MN Supreme Court

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Fifth Circuit Reverses Denial of Preliminary Injunction in Vaccine Mandate Case

While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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European Court of Justice Expands the Definition of Working Time

The European Court of Justice ("ECJ") recently issued a decision regarding the paid working time of certain mobile employees that will have a significant impact on companies with employees in the European Union. The ECJ's…more

Employees, EU, European Court of Justice (ECJ), Tyco, Wage and Hour

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Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and…more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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Fifth Circuit Rules that COVID-19 Pandemic Did Not Trigger the “Natural Disaster” Exception to WARN Notice Requirements

In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of mass…more

Class Action, Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Federal Labor Laws

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Effective January 1, 2024, Cook County, Illinois Paid Leave Requirements Will Largely Mirror State Law

On On December 14, 2023, the Cook County Board of Commissioners (“Board”) passed the Cook County Paid Leave Ordinance (the “Ordinance”), which converts the pre-existing Cook County Earned Sick Leave Ordinance into an ordinance…more

Employees, Labor Reform, Local Ordinance, Paid Leave, Paid Time Off (PTO)

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WPI Labor Day Report 2019

Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past…more

#MeToo, Affordable Care Act, Ban the Box, Employer Mandates, Equal Employment Opportunity Commission (EEOC)

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NLRB Adopts Tough New Standard for Workplace Rules

On August 2, 2023, in Stericycle, Inc., 372 NLRB No. 113 (2023), the National Labor Relations Board adopted a strict new legal standard for evaluating the validity of workplace rules under the National Labor Relations Act (“the…more

Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

That’s A Wrap! CDC Reduces Recommended COVID-19 Isolation Period

On March 1, 2024, the Centers for Disease Control and Prevention announced that it is updating its COVID-19 guidance and is no longer recommending that individuals who test positive for COVID-19 isolate for five days.  The…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Health and Safety

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Washington, DC Legislative Roundup

The District of Columbia continues to implement broad employment initiatives, ranging from wage and hour laws to stricter civil penalties. The following is a rundown of key developments for employers to keep an eye on as we move…more

Decriminalization of Marijuana, Employee Rights, Employees, Employer Liability Issues, Enforcement Authority

See all updates »

California Raises Health Care Minimum Wage, Expands to Affect More Positions

California recently enacted Senate Bill 525, adding sections 1182.14 and 1182.15 to the California Labor Code and substantially raising the base minimum wage for health care workers. The new law also expands the definition of…more

California, Employees, Employer Liability Issues, Exempt-Employees, Health Care Providers

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

See all updates »

Indiana Supreme Court: Driver for Large Vehicle Transportation Matching Service Properly Classified as Independent Contractor

Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A,…more

ABC Test, Administrative Law Judge (ALJ), Appeals, Commercial Truck Drivers, Employer Liability Issues

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Washington, DC Legislative Roundup

The District of Columbia continues to implement broad employment initiatives, ranging from wage and hour laws to stricter civil penalties. The following is a rundown of key developments for employers to keep an eye on as we move…more

Decriminalization of Marijuana, Employee Rights, Employees, Employer Liability Issues, Enforcement Authority

See all updates »

Illinois Business Expense Reimbursement Law Now in Effect

The Illinois legislature recently amended the state's Wage Payment and Collection Act (IWPCA) to require that employers reimburse employees for all reasonable “necessary expenses” that are “directly related to services performed…more

Business Expenses, Employer Liability Issues, New Legislation, new-l, Out-of-Pocket Expenses

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COLOMBIA: COVID-19 (Coronavirus) – Employer FAQs

On March 11, 2020, Colombia’s Health Ministry declared that every person arriving from China, Spain, Italy and France must self-isolate for 14 days from the date of their arrival in Colombia…more

Anti-Discrimination Policies, Best Practices, Business Continuity Plans, China, Colombia

See all updates »

Salt Bae’s Sprinkle of First Impression: Eleventh Circuit Holds Mandatory Service Charges Are Not “Tips” and May Be Used to Satisfy FLSA Wage Requirements

On March 18, 2022, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s decision that an 18% service fee charged at the upscale Miami steakhouse of celebrity chef Nusret Gökçe was not a “tip” and was…more

Collective Actions, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), Labor Regulations

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UK: Changes to Paternity Leave from March 2024

The UK Government has laid draft sets of Regulations before Parliament which are due to come into force on March 8, 2024, and will make changes to the current statutory paternity leave scheme…more

Employee Benefits, Employees, Employer Liability Issues, International Labor Laws, Labor Reform

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Implementation of the European Directive on Whistleblowing in France: Extending the Whistleblower Qualification and Strengthening its Protection

On October 23, 2019, the Council of the European Union and the European Parliament voted to approve European directive n°2019/1937 on "the protection of persons who report breaches of Union law." In France, this directive is in…more

Anti-Retaliation Provisions, Corporate Misconduct, Employer Liability Issues, EU, EU Directive

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Congress Approves Paycheck Protection Program Flexibility Act

On June 3, 2020, the U.S. Senate passed by voice vote the Paycheck Protection Program (PPP) Flexibility Act of 2020 (H.R. 7010). The House of Representatives had approved this bill with near unanimity on May 28. Generally, the…more

CARES Act, Legislative Agendas, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Implications of India’s New Data Protection Law for U.S. Multinational Employers

With presidential assent granted on August 11, 2023, for India’s Digital Personal Data Protection Act, 2023 (“DPDA” or the “Act”), India joined the ranks of dozens of jurisdictions globally that have enacted comprehensive data…more

Corporate Counsel, Data Privacy, Data Protection, India, International Data Transfers

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Indiana’s Roadmap to get Back on Track after COVID-19 Lockdown

The month of May in Indianapolis is not the same without the Indianapolis 500, which usually runs Memorial Day weekend. Indiana currently plans to hold the race on August 23, 2020. While there will be no cars at the brickyard…more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements, Workplace Safety

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NLRB Rescinds Proposed Rule Clarifying Status of Private University and College Students Working in Connection with their Studies

On March 12, 2021, the National Labor Relations Board (Board) announced that it is withdrawing a rule proposed in September 2019 that would have excluded undergraduate and graduate students at private colleges and universities…more

Collective Bargaining, Educational Institutions, Graduate Students, NLRA, NLRB

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent…more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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OSHA Clarifies Safety Requirements for the Construction Industry and those Performing Work in Occupied Homes During COVID-19

Have you updated your Workplace Safety and Health Program to identify and address the new hazards COVID-19 creates?  If not, now is the time, as OSHA expects employers to assess their workplaces to identify the ways their…more

Bodily Injury, Construction Workers, Coronavirus/COVID-19, Employee Training, Employer Liability Issues

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

New York State Expands Lactation Accommodation Requirements

On December 9, 2022, New York State amended the Nursing Mothers in the Workplace Act to provide additional specifications for lactation rooms and to impose new written policy requirements on all employers. The new requirements…more

Amended Legislation, Breastfeeding, Employee Rights, Employer Liability Issues, Employment Policies

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Connecticut Employers Have New Burdens, Avoid Others, Following 2023 Legislative Session

While significant bills impacting Connecticut employers were signed into law, proposed employer mandates on pay transparency, paid sick leave, and predictive scheduling failed to gain the necessary votes for passage in 2023…more

Connecticut, Employee Benefits, Employer Liability Issues, Labor Reform, New Regulations

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Minnesota Enacts Paid Family and Medical Leave Statute

Minnesota has joined the growing number of jurisdictions that have enacted paid family and/or medical leave programs for employees.1  On May 25, 2023, Governor Tim Walz signed HF 2, a Paid Family and Medical Leave (PFML) bill,…more

Employer Liability Issues, Labor Reform, New Legislation, Paid Family Leave Law, Paid Time Off (PTO)

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California Supreme Court’s Expansion of “Employer” under FEHA Could Have Implications for AI Regulation

The California Supreme Court issued a ruling this week that expands the definition of employer under the state’s main discrimination statute, the Fair Employment and Housing Act (FEHA). This expansion not only increases the…more

Artificial Intelligence, CA Supreme Court, Employer Liability Issues, Employment Discrimination, FEHA

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BIPA’s Devastating Effects on Illinois Businesses

As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employee Privacy Rights

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Annual Report on EEOC Developments - Fiscal Year 2013

In this Report: - Introduction - Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC - Overview Of…more

Civil Rights Act, Compliance, Discrimination, Employee Rights, Enforcement Actions

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New Illinois and Chicago Laws for 2024

Illinois state and local legislatures kept busy in 2023 with the enactment of numerous new labor and employment laws, including significant changes to paid and sick leave for employees and new protections for temporary laborers…more

Ban the Box, City of Chicago, Employee Benefits, Employer Liability Issues, Illinois

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement…more

Constitutional Challenges, Day Laborers, Due Process, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Did Your Business Pay Break Premiums AND Bonuses? California Has A Penalty For That, Too

In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court rejected the longstanding view that meal and rest break premiums are paid at the employee’s base rate, rather than at the more complicated regular rate of pay…more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Employment Policies, Labor Law Violations

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Fourth Circuit Establishes New Standards for Plaintiffs Seeking Unjust Enrichment as an Equitable Remedy under ERISA

The United States Court of Appeals recently shed light on when—and under what conditions—a plaintiff may seek a monetary recovery under § 502(a)(3) of the Employee Retirement Income Security Act (ERISA). Section 502(a)(3)…more

Breach of Duty, Damages, Denial of Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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EEOC Rules Discrimination Based on Employee's Sexual Orientation Is Sex Discrimination Under Title VII

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued a potentially groundbreaking decision finding that discrimination based on "sexual orientation" can be brought under Title VII of the Civil Rights…more

Anti-Discrimination Policies, Civil Rights Act, Employment Discrimination, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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New York City Council Passes Bill that Would Create a Private Right of Action under the Earned Safe and Sick Time Act

On December 20, 2023, the New York City Council passed a bill (Proposed Int. No. 563-A) that would create a private right of action to seek damages and other relief for violations of New York City’s Earned Safe and Sick Time Act…more

City of New York, Corporate Counsel, Employee Benefits, Labor Reform, Local Ordinance

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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Connecticut's New Pay Equity Bill Prohibits Questions Regarding Prospective Employees' Wage and Salary History

Connecticut Governor Dannel P. Malloy signed Public Act No. 18-8, “An Act Concerning Pay Equity,” into law on May 22, 2018, making Connecticut the sixth state to prohibit employers from asking applicants about salary history…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing, Job Applicants

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Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the…more

Algorithms, Artificial Intelligence, Bias, Data Collection, Data Protection

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What’s New with Cannabis Compliance in Wisconsin? The Legal, The Illegal, and the Gray Area for Wisconsin Employers

The Wisconsin legislature appears poised to reject a proposal to create a medical marijuana program this legislative session, just a month after the Senate shot down a proposal to legalize marijuana for recreational use…more

Cannabis Products, Decriminalization of Marijuana, Dispensaries, Employees, Employer Liability Issues

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Michigan Alters its Worker Quarantine Requirements Related to COVID-19

Last October, Michigan Governor Gretchen Whitmer signed HB 6032 to protect workers who do not report to work because they were exposed to, displayed symptoms of, or tested positive for COVID-19. On December 30, 2020, and likely…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Occupational Exposure, Public Health

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Delaware Joins the Family (Paid Family-Medical Leave, That Is)

On May 10, 2022, Governor John Carney signed into law the Healthy Delaware Families Act, adding Delaware to an expanding list of jurisdictions with a paid family and/or medical leave (PFML) requirement. The law creates a…more

Delaware, Employee Benefits, Employer Liability Issues, Labor Reform, Medical Leave

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Supreme Court Determines When the U.S. Government May Dismiss an FCA Action Over a Relator’s Objection

On June 16, 2023, in United States ex rel. Polansky v. Executive Health Resources, Inc., the U.S. Supreme Court resolved a circuit split in favor of a broad interpretation of the federal government’s ability to dismiss False…more

False Claims Act (FCA), Federal Rules of Civil Procedure, Qui Tam, Relators, SCOTUS

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California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage…more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Rest and Meal Break

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Full 9th Circuit Approves "20% Rule" for Tipped Employees

Many years ago, the U.S. Department of Labor (DOL) issued guidance known as the "20% Rule" or "80/20 Rule," which provides that, where tipped employees spend in excess of 20% of their workweek on non-tip-earning tasks, no tip…more

Department of Labor (DOL), Employer Liability Issues, Food Service Workers, Minimum Wage, Restaurant Industry

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Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and…more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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NLRB Memo Addresses Bargaining Obligations Over OSHA’s COVID-19 Emergency Temporary Standard

On November 10, 2021, Joan A. Sullivan, acting associate general counsel of the National Labor Relations Board, released Operations Management Memorandum 22-03 (OM 22-03) concerning bargaining obligations under the Department of…more

Biden Administration, Collective Bargaining, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates

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New York Legislature to Increase Executive, Administrative, and Professional Compensation Threshold, Expanding Certain Wage Payment Protections

New York’s threshold for a white-collar worker exemption is slated to be increased under legislation passed by the New York legislature last week.  This requirement does not directly relate to New York’s salary threshold for…more

Compensation & Benefits, Labor Reform, Legislative Agendas, New York, Pending Legislation

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WA Cares Fund Premiums Started July 1, 2023, and Quarterly Reporting Begins October 1, 2023

On July 1, 2023, after a long delay, mandatory withholdings for the WA Cares Fund finally took effect. The WA Cares Fund is a state-run, long-term-care insurance program requiring employers to pay premiums through a mandatory…more

Employee Benefits, Labor Reform, Long Term Care Insurance, New Legislation, Washington

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NLRB Regional Director Says Dartmouth Men’s Basketball Players Are Employees, Can Vote in Union Election

On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their status…more

Compensation & Benefits, Educational Institutions, Employee Definition, Employee Rights, Labor Relations

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Georgia Prohibits State-Implemented COVID-19 Vaccine Passport Programs and Restricts Disclosure of Individuals’ Vaccination Status

On May 25, 2021, Governor Brian Kemp signed an Executive Order (Order) prohibiting any state agency, provider of state services, or state property from implementing a Vaccine Passport Program (VPP) or otherwise requiring an…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Executive Orders, Health and Safety

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Utah Enacts New #MeToo-Inspired Law Related to Confidentiality Clauses

Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct. The #MeToo movement seeks to limit…more

Anti-Discrimination Policies, Compliance, Confidentiality Agreements, Corporate Counsel, Non-Disclosure Agreement

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New Jersey’s New Year’s Resolution: A New Law Limiting Restrictive Covenants?

Currently pending in the New Jersey Legislature is a bill that would upend decades of New Jersey jurisprudence governing restrictive covenants in employment contracts and severance agreements, and impose an array of new…more

Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing, Labor Reform

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Effective January 1, 2024, Cook County, Illinois Paid Leave Requirements Will Largely Mirror State Law

On On December 14, 2023, the Cook County Board of Commissioners (“Board”) passed the Cook County Paid Leave Ordinance (the “Ordinance”), which converts the pre-existing Cook County Earned Sick Leave Ordinance into an ordinance…more

Employees, Labor Reform, Local Ordinance, Paid Leave, Paid Time Off (PTO)

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Connecticut Set to Enact Ban on Employer-Sponsored Meetings

On April 29, 2022, organized labor achieved a long-sought political objective when the Connecticut House of Representatives passed Senate Bill 163, “An Act Protecting Employee Freedom of Speech and Conscience.” Effective July 1,…more

Collective Bargaining, Connecticut, Corporate Counsel, Employee Rights, Employer Liability Issues

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Express Yourself – Supreme Court Rules that Businesses May Deny “Expressive Services” to the Public Based on Their Owner’s Beliefs

On June 30, 2023, the Supreme Court issued its decision in 303 Creative, LLC v. Elenis.  In a 6-3 opinion authored by Justice Gorsuch, a divided Supreme Court held that the First Amendment’s free speech protection bars Colorado…more

303 Creative LLC v Elenis, Discrimination, First Amendment, Free Speech, Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission

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Arizona Passes Initiative to Allow Recreational Marijuana Use

Arizona 2020 voters decidedly adopted Proposition 207 – The Smart and Safe Arizona Act – which legalizes the possession and use of marijuana by adults age 21 and over for recreational or non-medicinal use. The initiative passed…more

Ballot Measures, Decriminalization of Marijuana, Drug Testing, Employer Rights, Employment Policies

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Mandatory Payroll Deduction Savings Programs Are on the Rise

According to the U.S. Department of Labor (DOL), one-third of American workers do not have the option to participate in a retirement savings plan through their employers. To help employees save for retirement, more states are…more

401k, Corporate Counsel, Department of Labor (DOL), Employee Benefits, Employee Contributions

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Littler Global Guide - Mexico - Q3 2019

On July 31, 2019, the Mexican Ministry of Labor (STPS by its acronym in Spanish) issued the Protocol for the Legitimization of existing Collective Bargaining Agreements (Protocol), which was published in the Official Gazette of…more

Collective Bargaining Agreements (CBA), Employee Rights, International Labor Laws, Labor Relations, Mexico

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New Mexico’s Fair Pay for Women Act Not Limited to Private Employers

The New Mexico Court of Appeals held in Wolinsky v. New Mexico Corrections Department that the state Fair Pay for Women Act’s definition of “employer” extends to the State of New Mexico and its agencies…more

Appeals, Employer Liability Issues, Employment Litigation, Equal Pay, Gender Discrimination

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Littler 2023 European Employer Survey Report - November 2023

EXECUTIVE SUMMARY - After years of disruptions from the pandemic, artificial intelligence, shifting regulations and changing employee preferences, are European workplaces finally reaching a consensus on the “new normal”? …more

Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues, Environmental Social & Governance (ESG)

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New Jersey Department of Labor Releases Final Regulations for Earned Sick Leave Law

On January 6, 2020, the New Jersey Department of Labor and Workforce Development (the “Department”) issued long-awaited regulations regarding enforcement of New Jersey’s Earned Sick Leave Law (ESLL) as well as its responses to…more

Earned Sick Time, Employee Benefits, Employee Rights, Employer Liability Issues, New Regulations

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Summary of Upcoming Changes to USCIS Filing Requirements in April 2024

April 1, 2024, will mark the beginning of new changes to USCIS form editions, filing fees, and direct filing addresses for many common immigration applications and petitions…more

Corporate Counsel, Filing Fees, Foreign Nationals, Foreign Workers, Hiring & Firing

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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Germany Seeks to Mandate Human Rights Due Diligence for Companies and Their Global Partners

In February 2019, the German Federal Ministry for Economic Cooperation and Development (“Development Ministry”) introduced a draft law (the “Draft Law”) that seeks to mandate human rights due diligence for German companies and…more

Anti-Corruption, Corporate Counsel, Corporate Social Responsibility, Due Diligence, EU

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E-Verify is Back in Operation, but Post-Shutdown Delays and Concerns Remain

E-Verify, the electronic immigration system that employers use to confirm employees’ eligibility to work in the United States, has resumed operation. E-Verify was unavailable during the longest federal government shutdown in…more

Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Employment Eligibility Verification, Federal Budget

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Self-Driving Trucks and Labor Law—A Look Ahead

Welcome to the future: The year is 2020 and an organized—i.e., unionized trucking company—“L2M2” has announced it is acquiring a convoy of autonomously powered—i.e., “self-driving”—transportation vehicles…more

Artificial Intelligence, Automation Systems, Collective Bargaining Agreements (CBA), Commercial Truck Drivers, Driverless Cars

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New Jersey Enacts “Bill of Rights” for Domestic Workers

The New Jersey Domestic Workers’ Bill of Rights (S723/A822), one of three laws signed in early January relating to protecting immigrants and part of the Murphy administration’s larger effort to build a more inclusive state for…more

Domestic Workers, Employee Rights, Employer Liability Issues, Foreign Workers, Immigrants

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Littler Global Guide - Colombia - Q4 2021

New Law Establishes New Working Hours - New Legislation Enacted - Law 2101 of 2021 was enacted to reduce the workweek in Colombia, to a maximum of 42 hours per week, which may be distributed by mutual agreement between…more

Colombia, Employer Liability Issues, Gender Equity, International Labor Laws, New Legislation

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México: Incremento al valor de la Unidad de Medida y Actualización (UMA) para el 2024

El 9 de enero de 2024, el Instituto Nacional de Estadística y Geografía (INEGI) publicó los nuevos valores para la Unidad de Medida y Actualización (en adelante “UMA”) que entrarán en vigor el 1 de febrero de 2024, de acuerdo…more

Civil Monetary Penalty, Employer Liability Issues, International Labor Laws, Mexico, Payroll Periods

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Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra Resort. …more

Class Action, Collective Bargaining Agreements (CBA), Employer Liability Issues, Employment Litigation, Labor Law Violations

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New York Amends Workplace Violence Prevention Law to Extend Coverage to Public Schools

Since 2006, public employers in New York have been required to implement programs to prevent and minimize workplace violence. Public school employers, including public school districts, New York City public schools, Boards of…more

Educational Institutions, Employer Liability Issues, New Legislation, New York, NYDOL

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U.S. Supreme Court Forecloses the Liability of Foreign Corporations Under the Alien Tort Statute

On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS")…more

Alien Tort Statute, Corporate Liability, Extraterritoriality Rules, Foreign Corporations, Human Rights

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Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement…more

Constitutional Challenges, Day Laborers, Due Process, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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EU Whistleblowing Directive – An Implementation Update

Protection of whistleblowers has been on the EU’s agenda for quite some time. Four years ago the EU issued the EU Whistleblowing Directive throughout its Member States…more

Employer Liability Issues, EU, EU Directive, Internal Reporting, International Labor Laws

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2024 OFCCP Certification Cycle Announced

In 2022 the Office of Federal Contract Compliance Programs (OFCCP) began requiring that federal contractors and subcontractors subject to the affirmative action requirements of Executive Order 11246 annually certify that they…more

Affirmative Action, Certification Requirements, CSALs, Employees, Employer Liability Issues

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Germany: Does the Works Council Have a Say When Employees Use ChatGPT? No, According to the Labor Court Hamburg

Artificial intelligence (AI) can make work life easier. It is therefore not surprising that companies are keen to utilize the technical possibilities of AI, particularly by means of ChatGPT. However, use of AI in the workplace…more

Artificial Intelligence, Employee Rights, Employees, Employer Liability Issues, Germany

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Title IX At 50: Expanding Protections for Students and Employees

In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972 (Title IX), on June 23, 2022, the U.S. Department of Education (DOE) issued its anticipated proposed rule to amend Title IX’s implementing…more

Biden Administration, Department of Education, Disciplinary Proceedings, Educational Institutions, Gender-Based Violence

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023…more

Controlling Employer, Corporate Counsel, Employer Liability Issues, Federal Labor Laws, Hiring & Firing

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Implementation of Connecticut’s Clean Slate Law Set to Begin January 1, 2023

Earlier this month, Governor Ned Lamont announced the long-awaited implementation of the state’s so-called “Clean Slate Act” – sort of.  According to a recent press release, January 1, 2023 will see the full or partial erasure…more

Connecticut, Criminal Records, Employer Liability Issues, Employment Discrimination, Expungement

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Los Angeles County and Other California Jurisdictions Walk Back Face Mask Orders

It was just last month when the state of California announced the state’s reopening and what many hoped to be the end of pandemic life and various COVID-19-related restrictions.  Most significant for many, face masks—which had…more

City of Los Angeles, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Health and Safety

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District of Columbia Adopts Paid Vaccine Leave Requirements

The District of Columbia Council has passed legislation mandating that employers provide paid leave to employees for time spent obtaining and, if needed, recovering from side effects of a COVID-19 vaccine.  Employees will also…more

Coronavirus/COVID-19, Employee Rights, Infectious Diseases, Labor Regulations, Local Ordinance

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Oregon Supreme Court Case Reminds Businesses about the Complexity of Independent Contractor Classification

Correctly classifying workers as either employees or independent contractors can be complicated and difficult. Multiple and different classification tests apply to a single working relationship – including, but not limited to,…more

Corporate Counsel, Independent Contractors, Misclassification, OR Supreme Court, Popular

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Poland and Other Central-Eastern European Countries Focus on Their Global Mobility & Immigration Policies

In February 2024, Poland’s government revealed that it is working on a comprehensive migration strategy for the years 2025-2030, advertised as a “responsible and safe” approach. The Ministry of Interior and Administration plans…more

EU, Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures

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Annual Report on EEOC Developments – Fiscal Year 2016

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

Age Discrimination, Americans with Disabilities Act (ADA), Civil Rights Act, Class Action, Compensation & Benefits

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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Ohio Adopts Provisions of the FLSA to Eliminate Hybrid Actions and to Clarify Compensable Time

Ohio Governor Mike DeWine signed Senate Bill 47 (SB 47) into law on April 6, 2022.  SB 47 goes into effect on July 6, 2022 and includes new Ohio Revised Code § 4111.031, which limits an employer’s obligation to pay overtime for…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Labor Reform, New Legislation, Opt-In

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California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage…more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Rest and Meal Break

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Open House on Classification of Commissioned Real Estate Salespeople? New Jersey Court Rules ABC Test Does Not Apply for State Wage Payment Claims

In a recently published appellate division decision, Kennedy v. Weichert Co., a New Jersey court addressed the issue of classification of commissioned real estate salespeople as independent contractors.  The court ruled that…more

ABC Test, Independent Contractors, Misclassification, New Jersey, Salespersons

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AB 5: The Great California Employment Experiment—A Littler Workplace Policy Institute Report

Assembly Bill (AB) 5, currently pending in the California legislature, would impose the “ABC” test on California businesses and workers, dramatically altering the legal standards applied in evaluating whether a worker is an…more

ABC Test, Dynamex, Employee Definition, Employer Liability Issues, Gig Economy

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Littler's 2019 European Employer Survey Report - November 2019

European companies are navigating a variety of social and equality-related issues impacting their workplaces and, according to Littler’s second annual European Employer Survey, are increasingly channeling their concerns into…more

#MeToo, Artificial Intelligence, Diversity, Employer Liability Issues, Equal Pay

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

The Netherlands: Is a new contract after dismissal during a probationary period allowed?

A probationary period sometimes isn't long enough to gain a good impression of an employee and the employer might still want to give the employee a further chance. In a recent case, the District Court of Midden-Nederland (click…more

Employment Contract, Employment Litigation, Hiring & Firing, International Labor Laws, Netherlands

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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The Dear Departed: Making Final Wage Payments for Deceased Employees

The death of an employee is an unfortunate fact of life for businesses.  Nonetheless, employers may be ill-prepared for the inevitable issues that arise from the sad event.  Of concern are: Because state law largely controls how…more

Deceased, FICA Taxes, FUTA, Unpaid Wages, Wage and Hour

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Hot off the Press: New Labor Reform Bill for Puerto Rico

On June 20, 2022, Governor Pedro Pierluisi signed into law Act No. 41-2022, instituting drastic changes to labor and employment laws in Puerto Rico and extending employment rights for employees in the private sector. In doing…more

Anti-Discrimination Policies, Bonuses, Employee Rights, Employees, Employment Contract

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OSHA Issues Long-Awaited Standards Improvement Project IV Final Rule

On May 14, 2019, OSHA issued a final rule as part of its ongoing Standards Improvement Project (SIP). The final rule is set to go into effect on July 15, 2019. Consistent with the project’s rationale of reducing regulatory…more

911 Calls, Corporate Counsel, Final Rules, Hearing-Impaired, OSHA

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Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claims

The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment…more

Adverse Employment Action, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employees

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Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Cal/OSHA Completes Fast-Track Adoption of Emergency Silica Standard Aimed at Engineered Stone Industry

On December 14, 2023, California’s Occupational Safety and Health Standards Board approved an emergency temporary standard (ETS) intended to enhance protection of workers from the hazards of respirable crystalline silica (RCS). …more

Cal-OSHA, California, Construction Industry, Corporate Counsel, Emergency Rule

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New Cal/OSHA Housekeeper Injury Prevention Rules Now In Effect

On July 1, 2018, the newly implemented Hotel Housekeeping Musculoskeletal Injury Prevention Program (MIPP) regulation took effect…more

Domestic Workers, Employee Training, Employer Liability Issues, Hospitality Industry, Hotels

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The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict…more

Adverse Employment Action, Civil Rights Act, Disparate Treatment, Employment Discrimination, Employment Litigation

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Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications for Employers on the Horizon

On December 6, 2023, the Supreme Court of the United States (SCOTUS) heard arguments in Muldrow v. City of St. Louis, Missouri—a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a…more

Adverse Employment Action, Civil Rights Act, Corporate Counsel, Diversity and Inclusion Standards (D&I), Employer Liability Issues

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‘Cause We’re Still Living – At Appropriate Distance – in a World of Fools (Spanning the Globe Because You Still Can’t)

WARNING: this article is intended for immature audiences. Hopefully, that light at the end of the tunnel is not the on-coming 5:15 from New Haven. While we’ve been fortunate to have continued working safely and responsibly in…more

Absenteeism, Coronavirus/COVID-19, Employer Liability Issues, Employment Discrimination, Employment Litigation

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California’s Non-Compete Shakeup

California enacted two new bills expanding the scope and consequences of the state’s policies against restrictive covenants.  Governor Newsom signed Senate Bill 699 into law on September 1, 2023, and Assembly Bill 1076 into law…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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EEOC Releases Expansive Proposed Regulations to Implement the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act, which became effective on June 27, 2023, expands protections for pregnant employees and applicants by requiring employers with 15 or more employees to make reasonable accommodations to known…more

Breastfeeding, Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Open Carry and Campus Carry: Expanded Handgun Rights in Texas in 2016 and Beyond

In its most recent session, the Texas legislature passed two bills related to handgun possession in Texas.  House Bill No. 910 (HB 910) legalizes open carry of handguns in Texas.  Senate Bill No. 11 (SB 11) allows handgun…more

Compliance, Concealed Weapons, Educational Institutions, Employment Policies, Gun Laws

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New York Enacts Sweeping Changes to Independent Contractor Arrangements

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not be…more

Compensation & Benefits, Employee Definition, Employer Liability Issues, Exempt-Employees, Freelance Workers

See all updates »

California Supreme Court’s Expansion of “Employer” under FEHA Could Have Implications for AI Regulation

The California Supreme Court issued a ruling this week that expands the definition of employer under the state’s main discrimination statute, the Fair Employment and Housing Act (FEHA). This expansion not only increases the…more

Artificial Intelligence, CA Supreme Court, Employer Liability Issues, Employment Discrimination, FEHA

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Synthetic Reality & Deep Fakes: Considerations for Employers and Implications of the Rise of Deep Fakes in the Workplace

In an age where computer generated imagery (CGI) and digital effects enable entire film genres to exist, like Marvel’s superhero series the Avengers or Guardians of the Galaxy, audiences have no expectation that movies they…more

Artificial Intelligence, Authentication, Digital Media, Digital Platforms, Exploitation

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California Supreme Court Expands the Reach of the California Prevailing Wage Law

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined.  This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and…more

CA Supreme Court, Labor Code, Labor Regulations, Prevailing Wages, Wage and Hour

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Advice for UK Employers with Staff Working Overseas during COVID-19: Act Now!

Employees working remotely outside the UK during Covid-19 may create – and may already have created – expensive tax liabilities for themselves and their employers…more

Employer Liability Issues, Income Taxes, International Labor Laws, Non-Resident Income Taxes, Remote Working

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

"Pay Me, Or Else…": California Court Rules Employee's Pre-Litigation Qui Tam Threat is Extortionate

A California appellate court recently issued a warning to employees who try to negotiate settlements with their employers by making veiled threats to report an employer's real or imagined criminal activity. In Stenehjem v…more

False Claims Act (FCA), Negotiations, Qui Tam, Settlement, Whistleblowers

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"Successor Bar" Prevents Service Provider's Employees from Repudiating Union

The National Labor Relations Board's recent decision in Lily Transportation Corp., 363 NLRB No. 15, highlights the potential impact of a finding that a follow-on service provider is a "successor" to a prior provider…more

NLRB, Transportation Industry, Unfair Labor Practices, Unions

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Global Non-Compete Reform – At a Glance Tracker: January 2024

The US is not the only country currently debating a reform to the law on non-competes (see here in relation to federal law and New York). Notably, the UK Government has announced legislation that would limit the duration of…more

Contract Terms, Employees, Employer Liability Issues, Employment Contract, Multinationals

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Highlights of the Federal Proposals to Regulate NIL Deals

The 2023 college football season ended in early January, and sports fans are eagerly anticipating the start of college basketball’s March Madness. Many are also anxious about the future of college sports, given the non-stop news…more

Athletes, College Athletes, Compensation & Benefits, Intellectual Property Protection, Name and Likeness

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

See all updates »

Colorado Department of Labor and Employment Issues Emergency Rule and FAQs Addressing Employees Concerned about Returning to the Workplace

As the nuances of Colorado Governor Jared Polis’s “Safer at Home” Order continue to reveal themselves to Colorado employers resuming operations, one more state agency has weighed in: the Colorado Civil Rights Division (CCRD)…more

Anti-Retaliation Provisions, CARES Act, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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UK Gender pay gap – where are we now?

In early April the deadline passed for large UK employers to report on their gender pay gap (GPG). This is the first chance we have had to compare employers’ pay gap figures with previous years, putting new pressure on employers…more

Corporate Culture, Employer Liability Issues, Enforcement Actions, Equal Pay, Equality and Human Rights Commission (EHRC)

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Maine Legislative Roundup: New Employment Laws Were Enacted This Session

The First Special Session of the 131st Maine Legislature included debate about more than 2,000 bills. Many that were adopted will impact employers in the Pine Tree State…more

Employees, Employer Liability Issues, Labor Reform, New Legislation, State Labor Laws

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Alabama Legalizes Medical Marijuana While Allowing Employers Discretion as to Participating Workers

On May 17, 2021, Governor Kay Ivey signed Alabama’s new medical marijuana law, known as the Darren Wesley ‘Ato’ Hall Compassion Act, making Alabama the 37th state to legalize marijuana for medical purposes. The law identifies…more

Drug Testing, Employment Policies, Marijuana, Medical Marijuana, State and Local Government

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Annual Report on EEOC Developments — Fiscal Year 2017

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law…more

ADEA, Age Discrimination, Americans with Disabilities Act (ADA), Big Data, Civil Rights Act

See all updates »

U.S. Supreme Court Vacates and Remands Ninth Circuit's Decision in Equal Pay Case

On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino, in which it held an employer cannot justify a wage differential between men and women by relying on prior…more

Appeals, Deceased, En Banc Review, Equal Pay Act, Judge Reinhardt

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COBRA is Temporarily Social Distancing From its Election and Payment Deadlines

The IRS and DOL issued guidance on May 4, 2020 that adds a new level complexity to COBRA administration for employer-sponsored plans.  In short, the relief suspends many key participant deadlines during the so-called “Outbreak…more

COBRA, Coronavirus/COVID-19, Deadlines, Department of Labor (DOL), Employee Benefits

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Dear Littler: What employment issues should we keep in mind when hiring seasonal minor employees?

Dear Littler: We’re a nationwide employer excited that many of the pandemic-related restrictions are starting to ease up. In pre-COVID times, summer was always our busiest season…more

Child Labor, Employer Liability Issues, Fair Labor Standards Act (FLSA), Foreign Workers, Form I-9

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Sixth Circuit Delivers Uncertainty on Calculating Impact of Driver Costs

When nonexempt employees use their personal vehicles to provide delivery services, how much must their employer reimburse them to ensure that the employees are paid at least the minimum wage required by the Fair Labor Standards…more

Actual Delivery, Business Expenses, Employees, Employer Liability Issues, Employment Litigation

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Will the FLSA Regulations for Exempt Employees Apply to Puerto Rico Operations?

On August 30, 2023, the United States Department of Labor, Wage and Hour Division, released a Notice of Proposed Rulemaking (NPRM) to update and revise the regulations under the federal Fair Labor Standards Act regarding…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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The Littler European Employer COVID-19 Survey Report - September 2020

Government-ordered office closures that swept much of Europe early in 2020 appear to have helped convince employers across the continent that workers could be just as productive remotely as they could while gathered in…more

Coronavirus/COVID-19, Employer Liability Issues, EU, Hiring & Firing, Infectious Diseases

See all updates »

The Open Texas Plan: A State and Local Update

On April 27, 2020, Texas Governor Greg Abbott issued Executive Order GA-18 (Order) regarding the reopening of Texas businesses during the COVID-19 crisis…more

Coronavirus/COVID-19, Employer Responsibilities, Operators of Essential Services, Re-Opening Guidelines, Restaurant Industry

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Littler Global Guide - Australia - Q2 2019

Minimum Wage Increase - New Legislation Enacted - On July 1, 2019, employees under the national minimum wage and the modern award minimum wage (and in some cases, employees under a registered agreement) are set to receive…more

Australia, Evidentiary Standards, International Labor Laws, Labor Regulations, Minimum Wage

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D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance simply…more

Administrative Law Judge (ALJ), Employees, Employer Liability Issues, Employment Litigation, NLRA

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Illinois Governor Amends Labor Disputes Act

On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures…more

Amended Regulation, Collective Bargaining, Damages, Employee Rights, Employer Rights

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California Governor Signs AB 1513, Severely Limiting Piece-Rate Compensation but Throwing a Liability Life Raft to Employers

On October 10, 2015, Governor Edmund Gerald Brown, Jr. signed into law legislation that re-writes the definition and rules governing the payment of piece-rate compensation in California. Assembly Bill (AB) 1513 creates new…more

Agricultural Workers, Compliance, Employer Liability Issues, Labor Code, Minimum Wage

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FMCSA Expands Emergency COVID-19 Relief Efforts Declaration

On March 18, 2020, the U.S. Department of Transportation’s Federal Motor Carrier and Safety Administration (FMCSA) issued an Expanded Emergency Declaration broadening federal exemptions from compliance with certain driver safety…more

Commercial Truck Drivers, Coronavirus/COVID-19, Department of Transportation (DOT), Exemptions, FMCSA

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Colorado Court of Appeals Decision Underscores How Employer’s Prior Breach of an Employment Agreement May Excuse an Employee from Complying with Post-Employment Obligations

In a recent decision, the Colorado Court of Appeals affirmed a lower court’s ruling that a former executive for a credit-card processing company did not breach his employment agreement when he poached company clients, because…more

Breach of Contract, Employees, Employment Contract, Employment Litigation, No-Poaching

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No April Foolin’ – OSHA Updates its Worker Walkaround Representative Regulation

On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection. …more

Corporate Counsel, Employer Liability Issues, Final Rules, OSHA, Registered Representatives

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

OFCCP Preparing to Scrutinize Federal Contractors’ Use of AI Hiring Tools and Other Technology-based Selection Procedures

On August 24, 2023, the Office of Management and Budget approved a request from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to revise the “Itemized Listing” that OFCCP uses to collect…more

Artificial Intelligence, Bias, Corporate Counsel, Disparate Impact, Federal Contractors

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to…more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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Germany: Optimizing Severance Pay to Finance Early Retirement

Little known and therefore little used in Germany is the option of providing pension contributions instead of severance pay. If an employee has plans to retire early, or if a mutually agreed termination of the employment…more

Compensation & Benefits, Early Retirement, Early Retirement Distributions, Employee Benefits, Employees

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An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to…more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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Missouri Appellate Court’s Holding That Sex Discrimination May Be Based on Sex Stereotyping Offers Some Protections for LGBT Employees

In Lampley, et al. v. Missouri Commission on Human Rights, the Missouri Court of Appeals held that sex stereotyping can form the basis of a sex discrimination claim when the complaining party is gay, but should not be construed…more

Appeals, Civil Rights Act, Corporate Counsel, Employer Liability Issues, Employment Litigation

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UK: Balancing Beliefs

With the increasing number of employees in the UK bringing claims for discrimination on grounds of their beliefs, it is crucial for employers to be up to date on developments and take time to consider how they can foster an…more

Employees, Employer Liability Issues, Employment Discrimination, Employment Litigation, Employment Policies

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Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory…more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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Amendment to Puerto Rico Sexual Harassment in the Workplace Law (Act 17-1988) Requires Implementation of Specific Complaint Protocols

On September 28, 2022, Puerto Rico Governor Pedro Pierluisi signed into law Act No. 82-2022 (Act 82) amending Act No. 17 of April 22, 1988, which prohibits sexual harassment in the workplace. This amendment expands employment…more

#MeToo, Amended Legislation, Complaint Procedures, Employees, Employer Liability Issues

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New York Enacts Sweeping Changes to Independent Contractor Arrangements

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not be…more

Compensation & Benefits, Employee Definition, Employer Liability Issues, Exempt-Employees, Freelance Workers

See all updates »

Texas Governor Fully Re-Opens Texas

On March 2, 2021, Texas Governor Gregg Abbott issued Executive Order GA-34 regarding the reopening of Texas businesses amid the COVID-19 crisis…more

Coronavirus/COVID-19, Executive Orders, Health and Safety, Infectious Diseases, Masks

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Supreme Court Sends Case Involving ERISA Breach of Fiduciary Duty Pleading Standard Back to Seventh Circuit for Revised Analysis

On Monday, January 24, 2022, the U.S. Supreme Court issued an opinion in a case of critical interest to employers offering 401(k) or other defined-contribution retirement plans.  In Hughes v. Northwestern University, Case No…more

401k, 403(b) Plans, Breach of Duty, Duty of Prudence, Employee Retirement Income Security Act (ERISA)

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Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA

Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th…more

Compensation & Benefits, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Illinois Federal Court Holds that a Pension Rehabilitation Plan Fund Used an Improper High-Contribution Rate in Withdrawal Liability Calculations

On March 29, 2024, the U.S. District Court for the Northern District of Illinois issued its decision in Central States, Southeast and Southwest Areas Pension Fund v. Event Media, Inc. In a matter of first impression for federal…more

Compensation & Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Contributions, Multiemployer Pension Plan Amendments Act (MPPAA)

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UK Tribunal Overturns Dismissal for Prank at Work: A Win for Workplace Banter?

A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing…more

Employee Misconduct, Employees, Employment Tribunals, Hiring & Firing, Termination

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Oregon Reinstates Mask Mandate

Effective August 13, 2021, Oregon Governor Kate Brown will implement a statewide mask mandate for all children and adults ages 5 and older in all indoor public spaces regardless of vaccination status. This order will remain in…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Responsibilities, Health and Safety

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Philadelphia Issues Rules on COVID Paid Sick Leave, and Revises “During COVID” Rules for Regular and Healthcare Employee Paid Sick Leave

On February 28, 2023, Philadelphia, Pennsylvania’s Department of Labor (PDOL) published regulations concerning three distinct types of job-protected paid leave employers must provide under the Promoting Healthy Families and…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Infectious Diseases, Local Ordinance

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NLRB General Counsel Provides Guidance on Non-Disparagement and Confidentiality Provisions in Severance Agreements

The National Labor Relations Board (NLRB or “the Board”) recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or…more

Confidentiality Agreements, Contract Terms, Employer Liability Issues, Guidance Update, NLRA

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Littler Global Guide - Panama - Q4 2019

Effects of Declaration of December 20, 2019, as a National Mourning Day - New Order or Decree - On December 28, 2019, President Laurentino Cortizo and his Cabinet declared December 20, 2019, as a National Mourning Day, in…more

International Labor Laws, Labor Regulations, Panama, Wage and Hour

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Fourth Circuit Establishes New Standards for Plaintiffs Seeking Unjust Enrichment as an Equitable Remedy under ERISA

The United States Court of Appeals recently shed light on when—and under what conditions—a plaintiff may seek a monetary recovery under § 502(a)(3) of the Employee Retirement Income Security Act (ERISA). Section 502(a)(3)…more

Breach of Duty, Damages, Denial of Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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New Hurdles for Employers in Germany – The Sharpening of the Law on Proof of Essential Working Conditions and its Consequences

The European Union (EU) in 2019 launched a civil law directive on transparent and predictable working conditions in the EU. The directive stipulates that the rights and obligations set out therein must apply to all employment…more

Employer Liability Issues, Employment Contract, EU, Germany, Hiring & Firing

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Employers in Puerto Rico Must Adopt Workplace Harassment Protocols by August 2, 2021: Five Things Employers Should Know

On February 3, 2021, the Puerto Rico Department of Labor (PR DOL) published the “Guidelines on Workplace Harassment in Puerto Rico’s Private Sector” (Guidelines). The Guidelines were drafted pursuant to the mandate in Section 14…more

Employer Liability Issues, Harassment, Hostile Environment, Labor Regulations, New Guidance

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UK: Automatically Unfair COVID Dismissals

As expected, in the United Kingdom there has been an increase in employees seeking to bring claims of automatic unfair dismissal where they have been dismissed for..…more

Adverse Employment Action, Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Employment Litigation

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Minnesota Enacts Paid Family and Medical Leave Statute

Minnesota has joined the growing number of jurisdictions that have enacted paid family and/or medical leave programs for employees.1  On May 25, 2023, Governor Tim Walz signed HF 2, a Paid Family and Medical Leave (PFML) bill,…more

Employer Liability Issues, Labor Reform, New Legislation, Paid Family Leave Law, Paid Time Off (PTO)

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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What Hospitality Employers Can Expect to See in Employment Law if Vice President Biden Wins the Election

While no one knows what the outcome of the presidential election will be, if Vice President Biden is elected, hospitality employers should expect to see the following labor and employment issues front and center: A call to…more

Federal Labor Laws, Gig Economy, Hospitality Industry, Independent Contractors, Joe Biden

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Venezolanos necesitarán Visa para ingresar a México a partir del 21 de Enero de 2022

El 6 de enero de 2022, la Secretaría de Gobernación publicó en el Diario Oficial de la Federación un acuerdo por el que se da a conocer un cambio en la política migratoria mexicana, requiriendo a ciudadanos venezolanos contar…more

Foreign Nationals, Foreign Workers, Immigration Procedures, Mexico, Traveling Employee

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Utah Enacts New #MeToo-Inspired Law Related to Confidentiality Clauses

Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct. The #MeToo movement seeks to limit…more

Anti-Discrimination Policies, Compliance, Confidentiality Agreements, Corporate Counsel, Non-Disclosure Agreement

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Littler Global Guide - Peru - Q1 2019

Through Law N° 30907, the Peruvian Government recognized the equivalence between de facto/domestic partners relationships and traditional legal marriage, for purposes of pension benefits under the social security system…more

Amended Regulation, Domestic Partnership, Employee Benefits, International Labor Laws, Labor Relations

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Amendments to Puerto Rico’s Act 54 on Domestic Violence Will Impact Employer Policies

The governor of Puerto Rico recently signed into law amendments to Act No. 54 of August 15, 1989, “Act for the Prevention and Intervention with Domestic Violence.” The amendments include “economic violence” as a form of domestic…more

Domestic Violence, Employer Liability Issues, Employment Policies, Labor Reform, Labor Regulations

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Tectonic Shift Affecting Enforcement of Noncompetition Agreements Emanates from the 2017 Nevada Legislative Session and Passage of AB 276

Nevada noncompetition law has historically had few seismic shifts, which changed in 2016 when the Nevada Supreme Court issued its opinion in Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). That case sent…more

Blue Pencil Contract Modification, Employment Contract, Hiring & Firing, New Legislation, Non-Compete Agreements

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Dear Littler: Do I Have to Allow Guns in the Workplace?

I’m a vice president of a retail company operating in five states. While visiting one of our stores, I overheard some employees talking about their handguns. One mentioned keeping her firearm in her car, while another said he…more

Concealed Weapons, Employee Handbooks, Employer No-Weapons Policies, Employment Policies, Firearms

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Germany: Performance Target Agreements and Objectives

Employees in Germany with a bonus arrangement can claim variable compensation if they meet their agreed-upon or specified performance targets. The level of variable compensation upon full achievement of these targets is…more

Bonuses, Compensation & Benefits, Compensation Agreements, Germany, Performance Incentives

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U.S. Supreme Court Strikes Down Race-Conscious Admissions – What Does it Mean for Employers?

On June 29, 2023, the United States Supreme Court ruled that race-conscious admissions practices at Harvard College and the University of North Carolina, which are generally similar to how numerous other higher education…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Indiana Supreme Court: Driver for Large Vehicle Transportation Matching Service Properly Classified as Independent Contractor

Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A,…more

ABC Test, Administrative Law Judge (ALJ), Appeals, Commercial Truck Drivers, Employer Liability Issues

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Ninth Circuit Indicates Restrictive Covenants in Collaborative Business-to-Business Agreements Can Escape Per Se Liability

Few experts in the field of unfair competition law would disagree that the 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., was a game changer in California, overturning what was then approximately 30…more

Antitrust Provisions, Employment Contract, Hiring & Firing, Non-Disclosure Agreement, Non-Solicitation Agreements

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Pennsylvania Secretary of Health Issues Order Mandating that Building Owners Clean High-Touch Areas in Accordance with CDC Guidance

In its latest response to the COVID-19 pandemic, Pennsylvania has ordered mandatory cleaning protocols for large buildings throughout the Commonwealth.  On Sunday, April 5, 2020, Secretary of Health Dr. Rachel Levine issued an…more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Maintenance, Property Owners

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Littler Global Guide - Belgium - Q4 2021

New Economic Migration Policy for Foreign Self-Employed Persons in Flanders - New Legislation Enacted - The Flemish Decree of October 15, 2021, which becomes effective on January 1, 2022, provides a new economic migration…more

Belgium, Company Cars, Coronavirus/COVID-19, Foreign Workers, Independent Contractors

See all updates »

California Court Holds Defendants in Workplace Violence Restraining Order Petitions Have a Due Process Right to Cross-Examine Employer’s Witnesses

On October 17, 2022, in an issue of first impression at the appellate level, California’s Court of Appeals (First District) published an opinion clarifying that a defendant in a petition for restraining order under California’s…more

California, Corporate Counsel, Cross Examination, Due Process, Employer Liability Issues

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Littler Global Guide - Puerto Rico - Q4 2021

Governor Issues New Executive Order Providing for New Vaccination Mandates - New Order or Decree - On November 15, 2021, Puerto Rico’s Governor issued Executive Order No. 2021-075 (EO 2021-075), which integrates prior…more

Arbitration Agreements, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates

See all updates »

OSHA Releases National Emphasis Program Protecting High-Risk Workers

In response to President Biden’s January 2021 executive order, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released a National Emphasis Program (NEP) on March 12, 2021, targeting…more

Biden Administration, Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues, Essential Workers

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Connecticut Appellate Court Declines to Expand Definition of “Supervisor” for Hostile Work Environment Claims

In a recent decision, the Connecticut Appellate Court held that “supervisor” for hostile work environment discrimination claims brought under Connecticut law is the same as applied in similar federal claims brought pursuant to…more

Administrative Law Judge (ALJ), Civil Rights Act, Connecticut, Employees, Employer Liability Issues

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Connecticut Places New Recall and Retention Obligations on Certain Hotels, Lodging Houses, Food Service Contractors, and Building Services Enterprises

On July 13, 2021, Connecticut Governor Ned Lamont signed into law Substitute Senate Bill No. 658, An Act Requiring Employers to Recall Certain Laid-Off Workers in Order of Seniority (Act). …more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employee Retention, Hiring & Firing, Infectious Diseases

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New Jersey Court Imposes Limits on State Law’s Near-Limitless Definition of Disability

Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of “disability”…more

Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Employees, Employer Liability Issues

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Divergent Paths on Regulating Artificial Intelligence

On March 21, 2024, the United Nations (UN) adopted a landmark resolution on the promotion of “safe, secure and trustworthy” artificial intelligence (AI) systems. The UN’s resolution contains a “comprehensive vision” for how…more

Artificial Intelligence, Bias, Employer Liability Issues, Employment Discrimination, EU Directive

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The Nevada Minimum Wage Will Be On The Ballot In 2022

During the last legislative session, the Nevada Legislature made several efforts to increase the state minimum wage. One such effort was Assembly Joint Resolution No. 10 of the 80th Legislative Session (AJR 10). If successful,…more

Ballot Measures, Minimum Wage, State Labor Laws, Wage and Hour

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Why Learning How to Count to 26 Just Became Important: Recent Changes to California and Local Minimum Wage Laws

Recently California’s Division of Labor Standards Enforcement (“DLSE”) issued an FAQ concerning 2016 legislative changes that impact the state minimum wage in 2017 and future years. The most notable change was the creation of a…more

Corporate Counsel, DLSE, Local Ordinance, Minimum Wage, Wage and Hour

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Back to the Future? UK Government Consults on the Potential Reintroduction of Tribunal Fees

At the end of January 2024, the UK Government set out a surprise proposal to introduce a £55 fee for individuals to bring proceedings in the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT). This would be a…more

Employer Liability Issues, Employment Litigation, Employment Tribunals, Fees, International Labor Laws

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Texas District Court Declares State Preemption Law Unconstitutional. What Now?

The legal battle continues between large cities and the State of Texas over state attempts to nullify local enactments on employment and other matters that exceed or conflict with state law…more

Constitutional Challenges, Employees, Employer Liability Issues, Local Ordinance, Preemption

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Maine Legislative Update: Back to Work Incentives, Ban the Box, Tip Minimum, and Other Developments Affecting Employers

The First Special Session of the 130th Maine Legislature ended on July 19, 2021 with a flurry of votes on pending bills. Many of the newly-enacted laws, which were adopted with little debate, will significantly impact almost all…more

At-Will Employment, Ban the Box, Criminal Background Checks, Direct Deposit, Employer Liability Issues

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Colorado Issues Guidance on Accommodations in the Age of COVID-19

On May 21, 2020, Colorado Governor Jared Polis issued Guidance to Employers and Places of Public Accommodation Regarding Equal Opportunity Employment and Reasonable Accommodations Due to the Presence of COVID-19 (the “Colorado…more

Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

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Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement…more

Constitutional Challenges, Day Laborers, Due Process, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Dear Littler: Does Equity Compensation Count as Wages under Federal and California Law?

Dear Littler: We need to hire some key personnel for our new tech company. We intend to offer them equity in the enterprise as compensation. The equity should be very valuable in the long run, and the deal we have in mind is…more

Compensation & Benefits, Emerging Growth Companies, Equity Compensation, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Alaska Legislature Eyes Minimum Wage, Pay Equity and Discrimination Law Changes

The Equal Pay and Living Wage Act (the Act), currently before the Alaska Legislature as Alaska Senate Bill 16, seeks several significant changes to Alaska’s minimum wage, pay equity and employment discrimination law.  The Act…more

Anti-Discrimination Policies, Employer Liability Issues, Equal Pay, Gender Identity, Labor Reform

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Recent Amendments to the Pennsylvania Constitution Foreshadow the End of Statewide COVID-19 Orders in Pennsylvania

Pennsylvania’s Emergency Management Services Code allows a governor, upon declaring a disaster emergency, to issue orders responding to that emergency.  The power to issue such orders ends either when the governor decides the…more

Constitutional Amendment, Coronavirus/COVID-19, Governor Wolf, Masks, State Constitutions

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Colorado Passes Law Requiring Employers to Provide Three Types of Paid Sick Leave

The Colorado legislature recently passed SB20-205, the Healthy Families and Workplaces Act (“HFWA”), which will require all Colorado employers to provide three types of paid sick leave: 1) COVID-19 emergency paid sick leave…more

Employer Liability Issues, Paid Time Off (PTO), Sick Leave, Sick Pay, State and Local Government

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Third Circuit Finds Deductions from Accrued PTO Do Not Violate Salary Basis Requirement for Exempt Employees

The Third Circuit recently highlighted the flexibility afforded to employers when providing fringe benefits to salaried exempt employees. In Higgins v. Bayada Home Health Care Inc., No. 21-3286, 2023 WL 2518345 (3d Cir. Mar. 15,…more

Accrued Benefits, Employee Benefits, Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Virginia Begins Enforcement of New Workers’ Compensation Law on July 1, 2020

Beginning July 1, 2020, the Virginia Workers’ Compensation Commission will begin enforcing a new law that will affect how Virginia employers and their workers’ compensation insurance carriers respond to initial claims for…more

Bodily Injury, Insurance Industry, Workers Compensation Awards, Workers Compensation Reform, Workers' Compensation Claim

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Cal/OSHA Releases Latest Revised Proposal for Re-adoption of COVID-19 Emergency Temporary Standards

On June 11, 2021, California’s Occupational Safety and Health Standards Board (Standards Board) released its latest set of proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

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Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and…more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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Cal/OSHA Issues Emergency Temporary Guidance Regarding Medical Surveillance Examinations amid Potential Exposure to COVID-19

On June 5, 2020, the California Division of Occupational Safety and Health, commonly known as Cal/OSHA, issued temporary emergency guidance to assist physicians and other licensed health care professionals (PLHCPs) balance the…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Health Care Providers, Healthcare Workers

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New York City Council Passes Bill that Would Create a Private Right of Action under the Earned Safe and Sick Time Act

On December 20, 2023, the New York City Council passed a bill (Proposed Int. No. 563-A) that would create a private right of action to seek damages and other relief for violations of New York City’s Earned Safe and Sick Time Act…more

City of New York, Corporate Counsel, Employee Benefits, Labor Reform, Local Ordinance

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St. Paul, Minnesota Limits the Amounts Food Delivery Platforms Can Charge During the Pandemic

St. Paul has joined the growing list of cities limiting fees food delivery platforms can earn during the COVID-19 pandemic.  In enacting its ordinance, St. Paul follows fellow Minnesota cities Minneapolis and Edina, as well as…more

Compensation & Benefits, Delivery Drivers, DoorDash, Fees, GrubHub

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Ontario, Canada Court Confirms Sexual Harassment Not an Independent Tort

Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an…more

Canada, Employees, Employer Liability Issues, Employment Litigation, Human Rights Code

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The E.U. Advances a Watered-Down but Nonetheless Landmark Human Rights Draft Law – What This Means for Global Employers

This summer, the European Union is expected to finalize and pass a law – albeit in a materially different form from previous versions – that will place substantial human rights obligations on global employers.  On March 15,…more

Anti-Corruption, Corporate Counsel, Corporate Social Responsibility, Due Diligence, EU

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The Global Guide Quarterly (Quarter 2, 2023)

Australia Paid Parental Leave Amendment New Legislation Enacted Authors: Naomi Seddon, Shareholder, and Xi (Grace) Yang, Of Counsel – Littler Australia has amended its Paid Parental Leave law in order to make the leave more…more

Employees, Employer Liability Issues, Hiring & Firing, International Labor Laws, Labor Reform

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Puerto Rico State Insurance Corporation Issues 2020-2121 Risk Classification Manual with Important Modifications

On July 1, 2020, the Puerto Rico State Insurance Fund Corporation (“SIF”) announced the automatic extension of the deadline for employers to file the Payroll Statement for fiscal year 2020-2021, from July 20 to August 4, 2020. …more

Coronavirus/COVID-19, Employee Benefits, Employer Liability Issues, Infectious Diseases, Puerto Rico

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Massachusetts Releases Four-Phase Reopening Plan

On May 18, 2020, Massachusetts Governor Charlie Baker and the Massachusetts Reopening Advisory Board released the Reopening Massachusetts Report (the “Report”), which provides details regarding the state’s four-phase…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Personal Protective Equipment, Re-Opening Guidelines

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Nearly 50 Years Later, the Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims

In its June 29, 2023, unanimous decision in Groff v. DeJoy, the United States Supreme Court upended nearly 50 years of precedent by “clarifying” the undue hardship standard in religious accommodation claims under Title VII of…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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New Obligations for Frontline Sector Employers through Minnesota’s Frontline Worker Pay Program

On April 29, 2022, Minnesota Governor Tim Walz signed S.F. No. 2677 (2022) into law.  This law authorizes bonus payments to Minnesotans who worked in frontline sectors during the COVID-19 peacetime emergency.  This so-called…more

Bonuses, Employer Liability Issues, Essential Workers, Labor Reform, Relief Measures

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Employment Law Update 2024: New Employment Laws for the New Year

The federal government, states, counties, and cities were active again this year passing workplace legislation intended for the most part to protect employees, creating new compliance obligations for employers. Littler’s…more

Corporate Counsel, Employee Benefits, Employee Rights, Employees, Employer Liability Issues

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New Year, New Workplace Fairness Act Requirements for Oregon Employers

Since October 1, 2020, Oregon employers have operated under the Workplace Fairness Act (“OWFA”), which restricts employers from including confidentiality, non-disparagement, and no-rehire provisions in settlement agreements and…more

Amended Regulation, Confidentiality Policies, Employer Liability Issues, Employment Contract, Employment Discrimination

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Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens. In…more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Corporate Counsel, Department of Justice (DOJ)

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Employment Law Implications of the New Anti-Money Laundering Act

When Congress overrode President Trump’s veto of the National Defense Authorization Act on January 1, 2021, it enacted the Anti-Money Laundering Act (AMLA), which was part of the defense authorization bill.  In doing so,…more

Anti-Money Laundering, BSA/AML, Corporate Counsel, Currency Transaction Reports (CTR), Financial Crimes

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Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory…more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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Reopen Connecticut Phase One: Sector Rules for May 20 Reopening

On May 9, 2020, Connecticut Governor Ned Lamont and the Department of Economic and Community Development (DECD) released guidelines for businesses that will be allowed to reopen during Phase 1 of the state’s reopening plan.  As…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Responsibilities, Popular, Re-Opening Guidelines

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Colorado Limits Inquiries About Applicants’ Criminal History

Colorado has joined the ban-the-box legislative trend.  Ban-the-box laws prohibit employers from asking applicants about criminal history on the employment application, thereby banning the once-common checkbox for applicants to…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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WPI Labor Day Report 2019

Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past…more

#MeToo, Affordable Care Act, Ban the Box, Employer Mandates, Equal Employment Opportunity Commission (EEOC)

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Hold the Presses: Illinois OSHA Mirrors Supreme Court’s Stay of Vaccinate or Test Emergency Temporary Standard

In the wake of the United States Supreme Court’s January 13, 2022 decision to grant emergency relief to stay implementation of the federal Occupational Health and Safety Administration’s Emergency Temporary Standard regarding…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Infectious Diseases, State Labor Laws

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New York Releases FAQs on Statewide Salary History Ban

Changes to New York state law that prohibit employer inquiries into the salary history of applicants and employees took effect on January 6, 2020.  Recently, the New York Department of Labor released a series of Frequently Asked…more

Corporate Counsel, Covered Employer, Employee Rights, Employer Liability Issues, Equal Pay

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The “Trans-Atlantic Data Privacy Framework” – Finally a Legally Secure Data Transfer to the United States?

Since the European Court of Justice (ECJ) declared the “Safe Harbour” agreement—which had permitted U.S. companies to comply with EU restrictions on the transfer of personal data outside the EU—invalid in October 2015,…more

Data Processors, Data Protection, EU, EU-US Privacy Shield, European Commission

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Dutch Employer Paid Dearly for an Offer to Buy Out a Non-Compete Clause

In a recent matter before the Arnhem-Leeuwarden Appellate Court, an employer in the Netherlands attempted to hold a former employee to his non-compete clause. After the employee had terminated his employment contract, the…more

Annulment, Buy-Out Agreements, Competition, Employer Liability Issues, Employment Contract

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Annual Report On EEOC Developments - Fiscal Year 2021

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC Developments—Fiscal…more

Annual Reports, Corporate Counsel, Diversity, EEO-1, Employer Liability Issues

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SCOTUS: Retaliatory Intent Not an Element of SOX Retaliation Claim

The Supreme Court resolved a circuit split on February 8, 2024, when it issued its opinion in Murray v. UBS Securities, LLC, holding that a whistleblower need not prove that the employer acted with “retaliatory intent” in order…more

Adverse Employment Action, Hiring & Firing, Murray v UBS Securities LLC, Retaliation, Sarbanes-Oxley

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DOL Issues Annual Report on Child Labor with Emphasis on Enforcement

On September 26, 2023, the Bureau of Internal Labor Affairs (ILAB) of the U.S. Department of Labor (DOL) issued its 2022 Findings on the Worst Forms of Child Labor Report, analyzing the state of child labor in 131 countries and…more

Annual Reports, Child Labor, Corporate Social Responsibility, Department of Labor (DOL), Fair Labor Standards Act (FLSA)

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Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations for a constructive discharge claim begins to run at the time the employee resigns. While the…more

Constructive Discharge, Corporate Counsel, Equal Employment Opportunity Commission (EEOC), Filing Deadlines, Green v Brennan

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Germany: Does the Works Council Have a Say When Employees Use ChatGPT? No, According to the Labor Court Hamburg

Artificial intelligence (AI) can make work life easier. It is therefore not surprising that companies are keen to utilize the technical possibilities of AI, particularly by means of ChatGPT. However, use of AI in the workplace…more

Artificial Intelligence, Employee Rights, Employees, Employer Liability Issues, Germany

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Oregon's Pay Equity Law: Bureau of Labor and Industries Issues Permanent Administrative Order and Rules

On November 19, 2018, Oregon’s Bureau of Labor and Industries (BOLI) issued its administrative order and rules implementing the Oregon Equal Pay Act of 2017 (the “Pay Equity Law”), which includes restrictions on salary history…more

Administrative Orders, Compensation & Benefits, Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination

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Labor & Employment Issues Facing the Healthcare Industry

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

Antitrust Provisions, Ban the Box, Corporate Restructuring, Discrimination, False Claims Act (FCA)

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Another Brick in the WALL: New Jersey’s Latest Tool Targeting Businesses for Violating State Wage, Benefit, and Tax Law

On August 8, 2023, the Office of Strategic Enforcement and Compliance (OSEC) within the New Jersey Department of Labor and Workforce Development (the “NJDOL” or the “Department”) launched The WALL – the Workplace Accountability…more

Employee Benefits, Employer Liability Issues, Employment Tax, Enforcement Guidance, Labor Law Violations

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Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the…more

Algorithms, Artificial Intelligence, Bias, Data Collection, Data Protection

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Random Alcohol and Drug Testing – New Hope for Ontario Employers?

A recent decision from the Ontario Superior Court of Justice may pave the way for random alcohol and drug testing in the workplace. However, the final word is yet to come from a long-anticipated decision from an Ontario labour…more

Alcohol Testing, Arbitration, Canada, Drug Testing, Employment Policies

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent…more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Act Fast: National Labor Relations Board Reverts to Shortened 2014 Representation Election Timeframe

On August 24, 2023, the National Labor Relations Board (the “Board”) issued a final rule (the “2023 final rule”) amending the federal regulations that govern representation election procedures. The 2023 final rule is the latest…more

Employee Rights, Employer Liability Issues, Federal Labor Laws, Labor Reform, Labor Relations

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How Artificial Intelligence Tools Can Increase Diversity

Artificial intelligence (AI) continues to dominate headlines and even the most recent Super Bowl advertisements. The use of AI in the workplace is rapidly expanding in a wide variety of ways throughout the hiring process,…more

Algorithms, Artificial Intelligence, Automation Systems, Diversity and Inclusion Standards (D&I), Employer Liability Issues

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First Circuit Holds that Having an Employee Involuntarily Committed May Not Violate the ADA

All employers should care about their employees’ mental health – but when does this concern put an employer in territory that may violate the Americans with Disabilities Act (ADA)?  In López-López v. The Robinson School, the…more

Americans with Disabilities Act (ADA), Disability Discrimination, Educational Institutions, Employee Evaluations, Employer Liability Issues

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Rhode Island’s Amended Payment of Wages Act Now Imposes Felony Penalties on Employers

Effective January 1, 2024, the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (“Wage Act”) will make a “knowing[] and willful[]” wage and hour violation punishable as a criminal felony.  Should an employer,…more

Amended Regulation, Criminal Liability, Employer Liability Issues, Independent Contractors, Labor Law Violations

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Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth Circuit’s…more

Administrative Procedure Act, Ban the Box, Bias, Civil Rights Act, Class Action

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The FDIC Proposes Revised Regulations Concerning Section 19 of the Federal Deposit Insurance Act to Conform to the Fair Hiring in Banking Act

On November 14, 2023, the Federal Deposit Insurance Corporation (FDIC) published proposed revised regulations concerning Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 (“Section 19”), to conform with the Fair…more

Criminal Convictions, Depository Institutions, FDIA, FDIC, Hiring & Firing

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No April Foolin’ – OSHA Updates its Worker Walkaround Representative Regulation

On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection. …more

Corporate Counsel, Employer Liability Issues, Final Rules, OSHA, Registered Representatives

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California Governor Vetoes Bill Banning Caste Discrimination

On October 7, 2023, Governor Gavin Newsom vetoed proposed bill SB 403, which, as previously discussed, sought to ban discrimination based on caste under the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, and…more

California, Employees, Employer Liability Issues, FEHA, Governor Vetoes

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Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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An Employer’s Guide to New York State’s New Lawful Absence Law

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees who…more

Adverse Employment Action, Attendance, Employee Rights, Employees, Employer Liability Issues

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Pennsylvania Supreme Court Decides Issue of First Impression on “No-Hire” (or “No-Poach”) Agreements

The Pennsylvania Supreme Court recently decided an issue of first impression regarding “no-hire” (or “no-poach”) provisions in commercial contracts between two companies. In such agreements, one company agrees not to solicit or…more

Employer Liability Issues, Employment Contract, Employment Litigation, First Impression, Former Employee

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Kansas “Stay Home” Order – What It Means For Employers

On March 28, 2020, Kansas Governor Laura Kelly issued Executive Order No. 20-16 establishing a statewide “Stay Home” Order (the “Order”) for Kansas to minimize the risk and spread of infection by COVID-19…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

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Phoenix City Council Requires Heat Safety Plans from City Contractors

On March 26, 2024, the Phoenix (Arizona) City Council unanimously passed n ordinance requiring all city contractors and subcontractors to develop and maintain a written heat safety plan to prevent heat-related illnesses and…more

Employees, Employer Liability Issues, Health and Safety, Heat Exposure, Labor Reform

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EEOC Issues Guidance on Inclusion of International Employees on OWBPA Disclosures

On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued long-awaited and much-needed clarification on whether non-U.S. citizen employees working for a U.S. employer outside the United States must be…more

ADEA, Age Discrimination, Disclosure Requirements, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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WPI Labor Day Report 2021

Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and…more

Department of Labor (DOL), Employer Mandates, Equal Employment Opportunity Commission (EEOC), Labor Regulations, Labor Relations

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Canada: 18-Month Extension to Post-Graduation Work Permits

Canada’s post-graduation work permit (PGWP) program allows international graduates of designated Canadian post-secondary institutions to obtain an open work permit to gain valuable Canadian work experience…more

Canada, Foreign Workers, Graduate Students, Hiring & Firing, Immigration Procedures

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NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The memo…more

Collective Bargaining, Employer Liability Issues, Federal Labor Laws, Labor Law Violations, Labor Relations

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Littler Global Guide - Colombia - Q4 2021

New Law Establishes New Working Hours - New Legislation Enacted - Law 2101 of 2021 was enacted to reduce the workweek in Colombia, to a maximum of 42 hours per week, which may be distributed by mutual agreement between…more

Colombia, Employer Liability Issues, Gender Equity, International Labor Laws, New Legislation

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What Issues Do Super Bowl Squares Present in the Workplace?

Break out the Super Bowl squares. Now that the February 11, 2024, Super Bowl matchup between the Kansas City Chiefs and San Francisco 49ers is set, many American workplaces will turn to the ubiquitous office pool to…more

Contests & Promotions, Employees, Employer Liability Issues, Employment Policies, Football

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An Employer’s Guide to New York State’s New Lawful Absence Law

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees who…more

Adverse Employment Action, Attendance, Employee Rights, Employees, Employer Liability Issues

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We The Temp Workers: New Jersey Enacts “Temporary Workers’ Bill of Rights”

On February 6, 2023, New Jersey Governor Phil Murphy signed into law Assembly Bill No. A1474 / S511, commonly known as the “Temporary Workers’ Bill of Rights” (the “Bill of Rights”), which establishes numerous labor and…more

Employee Rights, Employees, Employer Liability Issues, Joint Employers, Labor Reform

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County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal and California Law

In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance.  A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los Angeles must…more

Adverse Employment Action, Ban the Box, California, City of Los Angeles, Criminal Background Checks

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New Year, New Laws: Illinois Legislative Amendments Employers Won’t Want to Miss in 2023

2023 will bring new laws affecting Illinois employers. The Illinois legislature passed over 180 laws that take effect on January 1, 2023. This article will cover three of the most relevant developments for Illinois employers,…more

Employees, Employer Liability Issues, Hairstyle Discrimination, Illinois, Labor Reform

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Recent NLRB Activity is a Mixed Bag for Employers’ Use of Restrictive Covenants

Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers. On one hand,…more

Employees, Employer Liability Issues, Employment Contract, NLRA, NLRB

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NYC Department of Consumer and Worker Protection Issues Guidance on AI Regulations

Two business days before the start of enforcement of NYC Local Law 144 of 2021, the first-of-its kind law regulating the use of AEDTs (Automated Employment Decision Tools), the New York City Department of Consumer and Worker…more

Artificial Intelligence, City of New York, Enforcement, Hiring & Firing, Job Promotions

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California District Court Refuses to Enjoin Hazard Pay Ordinance

A growing number of cities in California, including Oakland, Long Beach, Montebello, West Hollywood and San Leandro, have recently enacted ordinances requiring large grocery and/or drug stores to pay specified workers premium…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Workers, Grocery Store Workers, Grocery Stores

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The Netherlands: When does the prohibition against termination during sickness apply?

In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle. The reflection…more

Employer Liability Issues, Employment Contract, Employment Litigation, EU, Hiring & Firing

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

The Bar Has Been Lowered – Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories

On December 23, 2022, President Biden signed into law H.R. 7776, the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” (the “NDAA 2023”). What many may not yet realize is that Section 5705 of the NDAA…more

Criminal Background Checks, Criminal Records, Depository Institutions, Employer Liability Issues, Employment Discrimination

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UK: New Regulations Will Extend Current Redundancy Protections for Individuals Who Are Pregnant or on Maternity, Adoption, or Shared Parental Leave

Currently, employees in the UK on statutory maternity, adoption or shared parental leave who are at risk of redundancy have priority rights to be offered a suitable alternative vacancy (but only where such a vacancy exists). …more

Corporate Counsel, Employee Benefits, Employer Liability Issues, International Labor Laws, Maternity Leave

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Seattle City Council Approves Secure Scheduling Ordinance

As widely anticipated, on September 19, 2016, the Seattle City Council passed the Secure Scheduling Ordinance (SSO), CB 118765, by a unanimous vote. The SSO mandates that large retail and food service employers provide two…more

Anti-Retaliation Provisions, Employer Liability Issues, Fast-Food Industry, Hiring & Firing, Local Ordinance

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Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

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"A Little Bad Grammar Will Not Annul" – Missouri Unions Move Ahead with Referendum Petition to Revoke Right-to-Work

Missouri was set to become a right-to-work state on August 28, 2017. However, unions have continued efforts to prevent the implementation of Senate Bill 19 (“SB 19”), Missouri’s right-to-work bill. Article III, Section 52 of the…more

Collective Bargaining, Right to Work, Unions

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Illinois Stay-at-Home Order Modified and Extended – What Do Employers Need To Know Before May 1, 2020?

Update: On April 27, 2020, a Clay County Circuit Court Judge granted a restraining order temporarily blocking the extension of Illinois’ stay-at-home order, which was set to become effective on May 1, 2020. Governor Pritzker…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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Scrapping the UK Banker Bonus Cap — What Next for Financial Services Pay?

Financial services firms regulated in the UK by both the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have long caused confusion, particularly in international financial services groups, with their…more

Bonuses, Employer Liability Issues, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry

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Littler Employer Pulse Survey Report: 2023 Economic Outlook

The economy has been awash with mixed messages in recent months – throwing a wrench into many employers’ workforce planning for 2023. Even as inflation persists and layoffs at major companies continue to drive headlines, this…more

Economic Downturn, Employees, Hiring & Firing, Layoffs, Surveys

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Littler Global Guide - Central America - Q1 2019

On March 18, 2019, the Legislative Chamber amended the Law for the Promotion of the Social Equality of Women. This reform adds three new articles to the law, to strengthen the legal requirement for all employers to pay men and…more

Breastfeeding, Costa Rica, Equal Pay, Gender-Based Pay Discrimination, International Labor Laws

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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New Criminal Prosecutions Under Pennsylvania Wage Laws Pose a Major Threat to Contractors

The federal Fair Labor Standards Act (FLSA) and some state wage laws contain provisions that impose criminal penalties on violators.  These provisions, once rarely used, are taking on new life as government officials have begun…more

Construction Project, Construction Workers, Contractors, Criminal Prosecution, Fair Labor Standards Act (FLSA)

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Big Changes to Minnesota’s Employment Laws Are Coming Soon

The Minnesota legislature has passed a sweeping Omnibus Jobs Bill that Governor Tim Walz has said he will sign. This legislation will significantly impact Minnesota employers in a variety of ways.  Among other things, it will…more

Breastfeeding, Employees, Employer Liability Issues, Labor Reform, Non-Compete Agreements

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New York’s New Notice of Electronic Monitoring Goes into Effect on May 7, 2022

New York State’s recently enacted law requiring notice of electronic monitoring goes into effect on May 7, 2022. To comply with the law, private employers with a place of business in New York must (1) provide notice to new hires…more

Employee Monitoring, Employee Privacy Rights, Employee Rights, Employee Tracking, Employer Liability Issues

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New Jersey Enacts “Bill of Rights” for Domestic Workers

The New Jersey Domestic Workers’ Bill of Rights (S723/A822), one of three laws signed in early January relating to protecting immigrants and part of the Murphy administration’s larger effort to build a more inclusive state for…more

Domestic Workers, Employee Rights, Employer Liability Issues, Foreign Workers, Immigrants

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NLRB and OSHA Announce MOU to Strengthen Health and Safety

On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the…more

Anti-Retaliation Provisions, Employees, Memorandum of Understanding, NLRA, NLRB

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Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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Second Circuit Upholds New York’s Vaccination Mandates for Healthcare Workers Without Religious Exemptions

In a November 4, 2021 opinion, the U.S. Court of Appeals for the Second Circuit upheld New York’s vaccine mandate for healthcare workers, rejecting arguments advanced by healthcare professionals in two different district court…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates

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Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Fifth Circuit Reaffirms that Private Settlements of FLSA Claims May Be Enforceable When There is a Bona Fide Liability Dispute

On June 1, 2015, in Bodle v. TXL Mortgage Corporation, the U.S. Court of Appeals for the Fifth Circuit recognized established precedent that parties may privately settle and release wage claims that include a bona fide dispute…more

Appeals, Corporate Counsel, Fair Labor Standards Act (FLSA), Non-Judicial Settlement Agreements, Wage and Hour

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Littler World Cup Matchups Part 2: Short-Term Sick Pay

The World Cup is fast approaching! Over the course of the tournament, we will be publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. In Part I of this…more

Compensation & Benefits, Employee Benefits, Employer Liability Issues, International Labor Laws, Sick Leave

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FTC and NLRB Announce Interagency Cooperation in the “Gig Economy”

     On July 19, 2022, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) signed a four-page Memorandum of Understanding (MOU) regarding information sharing, cross-agency training, and outreach in…more

Federal Trade Commission (FTC), Gig Economy, Independent Contractors, Information Sharing, Memorandum of Understanding

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Federal Court Limits Scope of OSHA Inspection Authority

On October 9, 2018, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court decision to limit the scope of an inspection sought by the Occupational Safety and Health Administration (OSHA). In this…more

Corporate Counsel, Employer Liability Issues, OSHA, Safety Inspections, Workplace Hazards

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U.S. Supreme Court Holds that ERISA Plan Can Enforce Contractual Limitations Provision to Bar Benefit Claim Lawsuit

The U.S. Supreme Court in Heimeshoff v. Hartford Life & Accident Insurance Co. et al. resolved a split among the circuits when it held that a contractual limitations clause in an ERISA-governed long-term disability benefits plan…more

Disability, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Heimeshoff v. Hartford Life & Accident Insurance Co.

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New State Employment Laws Set to Take Effect on January 1, 2021

As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions.  Compared to prior years, there are…more

Child Abuse, Corporate Counsel, Employee Privacy Rights, Employer Liability Issues, Gig Economy

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California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage…more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Rest and Meal Break

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Final Regulations Clarify Some Provisions of the Oregon Sick Leave Law

In anticipation of the January 1, 2016, effective date, the Oregon Bureau of Labor and Industries (BOLI) has published administrative rules to implement the Oregon Sick Leave Law. Under the new law, nearly all employers with…more

Collective Bargaining Agreements (CBA), Employee Benefits, Notice Requirements, Paid Time Off (PTO), Sick Leave

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D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance simply…more

Administrative Law Judge (ALJ), Employees, Employer Liability Issues, Employment Litigation, NLRA

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Expiration of State Preemption of Anti-Discrimination Ordinances Prompts North Carolina Counties and Cities to Enhance Protections at the Local Level

A vestige of the aftermath of North Carolina’s infamous 2016 “House Bill 2” (also known as “the Bathroom Bill”) expired on December 1, 2020, paving the way for local North Carolina governments to pass or reinstate…more

Anti-Discrimination Policies, LGBTQ, Local Ordinance, Preemption, Regulatory Reform

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Georgia Prohibits State-Implemented COVID-19 Vaccine Passport Programs and Restricts Disclosure of Individuals’ Vaccination Status

On May 25, 2021, Governor Brian Kemp signed an Executive Order (Order) prohibiting any state agency, provider of state services, or state property from implementing a Vaccine Passport Program (VPP) or otherwise requiring an…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Executive Orders, Health and Safety

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The Gilded Wage? Nevada Voters Eliminate Two-Tier Minimum Wage System

For nearly two decades, Nevada has utilized a unique two-tier minimum wage system that permitted employers that offered qualified health benefits to employees to pay $1.00 less per hour than employers that did not offer such…more

Ballot Measures, Constitutional Amendment, Employer Liability Issues, Labor Reform, Minimum Wage

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In Germany, a Difficult Equation: Travel Time = Working Time = Pay?

When employees travel for work the same questions tend to arise over and over again: Does all travel time count as working time? Does the employer have to pay for this time? Often, the response to these questions is unclear…more

Germany, Travel Time, Traveling Employee, Wage and Hour

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Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission…more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board, as…more

Corporate Counsel, Employment Contract, Federal Trade Commission (FTC), Former Employee, Intellectual Property Protection

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Pandemic-Born Rules: Nevada’s Newest Employment Laws

In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation, some of which affect employers…more

Employee Rights, Employer Liability Issues, Hairstyle Discrimination, Hiring & Firing, Labor Reform

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Ones to Watch: Legislation Landscape for 2024

Three months into the new legislative year, with all but a handful of state legislatures currently in session, several employment law trends for 2024 have emerged. Some of the more significant trends reflect the country’s social…more

Artificial Intelligence, Bereavement Leave, Child Labor, Employee Benefits, Employer Liability Issues

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Federal Court Dismisses Case Alleging Breach of ERISA Fiduciary Duties in 401(k) Class Action

Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging their fiduciary management of investment options and participant fees. A…more

401k, Breach of Duty, Class Action, Duty of Loyalty, Employee Benefits

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Ninth Circuit Holds TCPA Prohibits Pre-Recorded Recruiting Calls to Cell Phones Without Prior Express Consent

Staffing companies and employers using all tools at their disposal to recruit workers may face increased risk following the Ninth Circuit’s recent opinion in Loyhayem v. Fraser Financial.  In Loyhayem, the court found that…more

Auto-Dialed Calls, Corporate Counsel, Hiring & Firing, Prior Express Consent, Privacy Concerns

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Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the…more

Algorithms, Artificial Intelligence, Bias, Data Collection, Data Protection

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AB 5 Update: Joint Employment, Retroactivity, and Implementation Challenges

As employers in the Golden State attempt to prepare for the brave new world—courtesy of AB 5—that will greet them on New Year’s Day, federal and state courts in California continue to grapple with the scope and purpose of the…more

ABC Test, Dynamex, Freelance Workers, Gig Economy, Independent Contractors

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Decision by Federal Court in Pennsylvania Questions Prevailing View that Judicial Approval is a Prerequisite to Settling Individual FLSA Claims

Since the Eleventh Circuit decided Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must seek…more

Department of Labor (DOL), Employment Litigation, Fair Labor Standards Act (FLSA), FRCP 41, Judicial Review

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Reopening Rhode Island Phase 1: A Practical Guide for Employers

With Phase 1 of the “Reopening RI” framework set to commence on May 9, 2020, certain non-critical businesses will be able to resume operations. A list of businesses eligible to reopen in Phase 1 is available here. On May 6,…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements

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Maine’s Public Sector Employers Will Be Subject to OSHA COVID-19 Vaccination Mandate

The Maine Department of Labor announced on September 17, 2021 that the state’s public sector employees will be subject to President Biden’s COVID-19 vaccine mandate due to Maine’s state plan agreement with the federal…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates, Essential Workers

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WA Cares Fund Premiums Started July 1, 2023, and Quarterly Reporting Begins October 1, 2023

On July 1, 2023, after a long delay, mandatory withholdings for the WA Cares Fund finally took effect. The WA Cares Fund is a state-run, long-term-care insurance program requiring employers to pay premiums through a mandatory…more

Employee Benefits, Labor Reform, Long Term Care Insurance, New Legislation, Washington

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New Jersey Court Imposes Limits on State Law’s Near-Limitless Definition of Disability

Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of “disability”…more

Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Employees, Employer Liability Issues

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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New Mexico’s Fair Pay for Women Act Not Limited to Private Employers

The New Mexico Court of Appeals held in Wolinsky v. New Mexico Corrections Department that the state Fair Pay for Women Act’s definition of “employer” extends to the State of New Mexico and its agencies…more

Appeals, Employer Liability Issues, Employment Litigation, Equal Pay, Gender Discrimination

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Big Changes in Missouri: A New and Improved Missouri Human Rights Act Becomes Law

On June 30, 2017, Missouri Governor Eric Greitens signed into law Senate Bill 43, which corrects the Missouri Human Rights Act (MHRA) by bringing it into closer alignment with federal and other states' anti-discrimination…more

Anti-Discrimination Policies, Causation, Discrimination, Employment Litigation, New Legislation

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Littler Global Guide - Singapore - Q4 2021

Effective November 1, 2021, an employer is required to notify the Ministry of Manpower if it retrenches even a single employee. Prior to November 1, the notification requirement was triggered only if five or more employees were…more

Anti-Discrimination Policies, Employer Liability Issues, Hiring & Firing, International Labor Laws, Labor Reform

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Employees Catch a (Meal) Break from the Oregon Supreme Court

On April 23, 2020, the Oregon Supreme Court declined to review a ruling by the Oregon Court of Appeals in which employers were held to a standard of “strict liability” for failing to ensure that non-exempt employees take their…more

Employer Liability Issues, Multidistrict Litigation, OR Supreme Court, Rest and Meal Break, Wage and Hour

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Littler 2023 European Employer Survey Report - November 2023

EXECUTIVE SUMMARY - After years of disruptions from the pandemic, artificial intelligence, shifting regulations and changing employee preferences, are European workplaces finally reaching a consensus on the “new normal”? …more

Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues, Environmental Social & Governance (ESG)

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Employees Catch a (Meal) Break from the Oregon Supreme Court

On April 23, 2020, the Oregon Supreme Court declined to review a ruling by the Oregon Court of Appeals in which employers were held to a standard of “strict liability” for failing to ensure that non-exempt employees take their…more

Employer Liability Issues, Multidistrict Litigation, OR Supreme Court, Rest and Meal Break, Wage and Hour

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No Dire Straits for Workers Involved in Labor Disputes in N.J. as Governor Expands Eligibility for Unemployment Benefits

On Friday, August 10, 2018, New Jersey Governor Phil Murphy signed a bill amending the State’s unemployment insurance law to provide benefits to employees in a variety of new and, in some cases, novel circumstances. …more

Employer Liability Issues, New Legislation, State and Local Government, State Labor Laws, Unemployment Benefits

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Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory…more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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The New York SHIELD Act: What Employers Need To Know

As mega-breaches heighten concern about the security of personal information and a federal solution does not appear forthcoming, New York recently joined the growing list of states imposing their own security obligations on…more

Cybersecurity, Data Breach, Data Management, Data Protection, Data Security

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Employers Rapidly Implement Japan’s Guidelines on Business & Human Rights

Over the last decade, a patchwork of national and supranational “business and human rights laws” has emerged requiring employers to conduct due diligence of their global operations to address human rights risks such as forced…more

Employees, Employer Liability Issues, Human Rights, International Labor Laws, Japan

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Navigating Natural Disasters During a Pandemic – Key Considerations for Your Workforce

In the midst of raging wildfires in Northern California and the aftermath of hurricanes Laura and Marco in the Gulf states, many employers are wondering how to respond and what happens next, particularly where employers have…more

Coronavirus/COVID-19, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Natural Disasters

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You Put Your Mask Order On, You Take Your Mask Order Off: What the St. Louis Face Covering Orders Are All About

On Monday, July 26, 2021, the St. Louis County Department of Health issued a Face Covering Order (the “County Order”).  In an effort of regional coordination, the St. Louis City Health Commissioner also issued a Face Covering…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Infectious Diseases, Masks

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California Supreme Court Expands the Reach of the California Prevailing Wage Law

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined.  This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and…more

CA Supreme Court, Labor Code, Labor Regulations, Prevailing Wages, Wage and Hour

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Connecticut the Latest State to Increase the Statewide Minimum Wage to $15 per Hour

On May 17, 2019, Connecticut lawmakers passed House Bill 5004, “An Act Increasing the Minimum Fair Wage,” which raises the state’s minimum wage, in increments, to $15 per hour by 2023.  Governor Ned Lamont has pledged to sign…more

Employee Training, Employer Liability Issues, Legislative Agendas, Minimum Wage, Pending Legislation

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Colorado Issues Final Rules on Benefits and Employer Participation Requirements for Paid Family and Medical Leave Insurance Program, Clarifies Private Plan Option

Colorado’s rulemaking process regarding its new paid family and medical leave insurance program (“FAMLI”) continues. On August 26, 2022, the state published final regulations on benefits and employer participation requirements…more

Colorado, Employee Benefits, Employees, Employer Liability Issues, Labor Reform

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NLRB Regional Director Says Dartmouth Men’s Basketball Players Are Employees, Can Vote in Union Election

On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their status…more

Compensation & Benefits, Educational Institutions, Employee Definition, Employee Rights, Labor Relations

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Dutch Supreme Court Holds Secondment Provisions May Be Invoked When a Secondment Worker Calls in Sick

On March 17, 2023, the Dutch Supreme Court definitively resolved the question of whether an employment contract between a secondment agency and a secondment worker may end with immediate effect under the “secondment provisions”…more

Employees, Employment Contract, Employment Litigation, Employment Terms, International Labor Laws

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Signed, Sealed, Delivered: New Jersey Implements Long-Delayed Landmark WARN Law

On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists…more

Corporate Counsel, Employer Liability Issues, Hiring & Firing, Labor Reform, Layoff Notices

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NORWAY: New temporary rules on layoffs in light of Covid-19

Many Norwegian employees have been (temporarily) laid off due to Covid-19.  The rules related to layoffs are generally based on non-statutory law, similar to principles agreed upon in collective wage agreements. An employer may,…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Layoffs, Norway

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The Open Texas Plan: A State and Local Update

On April 27, 2020, Texas Governor Greg Abbott issued Executive Order GA-18 (Order) regarding the reopening of Texas businesses during the COVID-19 crisis…more

Coronavirus/COVID-19, Employer Responsibilities, Operators of Essential Services, Re-Opening Guidelines, Restaurant Industry

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Making Redundancies in the UK

With the number of UK redundancies during December 2022 having doubled compared to the same period during 2021 and a number of high-profile layoffs being announced daily, more businesses will likely have to make difficult…more

Employer Liability Issues, Hiring & Firing, International Labor Laws, Redundancy Dismissals, UK

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Kentucky Takes Aim at “WOKE” in Higher Ed

On March 14, 2024, a bill to restrict diversity, equity, and inclusion (DEI) practices in Kentucky’s public universities cleared the House by a vote of 68-18.  Senate Bill 6 (An Act Relating to Postsecondary Institutions) is the…more

Bias, Diversity and Inclusion Standards (D&I), Educational Institutions, Employee Training, Employees

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Utah Enacts New #MeToo-Inspired Law Related to Confidentiality Clauses

Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct. The #MeToo movement seeks to limit…more

Anti-Discrimination Policies, Compliance, Confidentiality Agreements, Corporate Counsel, Non-Disclosure Agreement

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USCIS Updates Policy Guidance for International Students

The U.S. Citizenship and Immigration Services (USCIS) recently updated guidance in its policy manual regarding international students within F and M student classifications. This new guidance consolidates and provides greater…more

E-Verify, Educational Institutions, F-1 Visa, Foreign Students, Immigration Procedures

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Minority Unions – A Major Concern for Employers in 2021 and Beyond?

Recent media reports have covered the relatively new phenomenon of minority labor unions.  These are not traditional unions in the sense of formal organizing, National Labor Relations Board (NLRB) certification, and exclusive…more

Biden Administration, Labor Reform, NLRA, NLRB, Union Organizers

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SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law

The SEC continues to review non-disclosure agreements and other confidential business information provisions of publicly traded companies to ensure whistleblowers are not restricted from freely communicating with the agency…more

Cease and Desist Orders, Civil Monetary Penalty, Confidential Information, Employees, Employer Liability Issues

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Ten Common Benefits Issues Related to the COVID-19 Pandemic, Employee Furloughs and Reductions in Force

There are many more than 10 issues that are of concern to employers in connection with the current crisis.  Nevertheless, employers are dealing with certain recurrent matters…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Disaster Aid, Distribution Rules

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DC Council Adopts Expanded Sick Leave, Unemployment Amendments

On April 7, 2020, the D.C. Council unanimously passed its second emergency COVID-19 relief bill, the COVID-19 Response Supplemental Emergency Amendment Act of 2020 (Emergency Act), addressing a variety of programs and…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Sick Leave, State and Local Government, Unemployment Benefits

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Key UK Employment Law Trends for 2023

After the past two years, following the impact of Covid-19 and the cost-of-living crisis, you would be forgiven for hoping, even if just for a moment, that 2023 might be calmer and less eventful than the previous two years. On…more

Corporate Counsel, Employee Rights, Employees, Employer Liability Issues, International Labor Laws

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Poland and Other Central-Eastern European Countries Focus on Their Global Mobility & Immigration Policies

In February 2024, Poland’s government revealed that it is working on a comprehensive migration strategy for the years 2025-2030, advertised as a “responsible and safe” approach. The Ministry of Interior and Administration plans…more

EU, Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures

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NLRB Decides Charter Schools Are Private Corporations Despite Public Influence

In two separate cases decided on August 24, 2016, a divided National Labor Relations Board concluded that charter schools in Pennsylvania and New York are not political subdivisions within the meaning of Section 2(2) of the…more

Charter Schools, Educational Institutions, Employee Rights, Jurisdiction, NLRA

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Probing in Procurement – Recent Decisions May Prompt Review of Supplier Diversity Programs

A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional.  While the court’s decision…more

Business Ownership, Constitutional Challenges, Discrimination, Diversity, Diversity and Inclusion Standards (D&I)

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South Carolina Supreme Court Upholds Governor’s Early Termination of Federal Unemployment Benefits

In a recent opinion, the South Carolina Supreme Court unanimously agreed with the lower court’s dismissal of a lawsuit brought by four individuals to challenge Governor Henry McMaster’s decision to end federal unemployment…more

Coronavirus/COVID-19, Infectious Diseases, Relief Measures, SC Supreme Court, Unemployment Benefits

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New York Frequency of Pay Update: Governor Proposes Legislation and Second Department Finds No Private Right of Action for New York Manual Worker Frequency of Pay Claims

New York Labor Law (NYLL) Section 191 sets out a “schedule” for the frequency of wage payments of various categories of workers, including manual workers, who must be paid on a weekly basis.  New York State’s Department of Labor…more

Employees, Employer Liability Issues, Labor Reform, New York, NYDOL

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Finalization of Regulations Clears the Path for Employers to Complete California Privacy Rights Act Compliance Efforts Before June 30, 2023 Deadline

After months of uncertainty, the rulemaking process for the California Privacy Rights Act (CPRA), the first-ever comprehensive U.S. data privacy law applicable to human resources data (“HR Data”), concluded on March 29, 2023. …more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Corporate Counsel, Data Privacy, Data Protection

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Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel. Schutte, the United States Supreme Court held that, to impose liability on an employer for “knowingly” submitting a false claim to the government for payment, it is sufficient for the…more

False Claims Act (FCA), Medicaid, Medicare, Pharmacies, Prescription Drugs

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Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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No April Foolin’ – OSHA Updates its Worker Walkaround Representative Regulation

On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection. …more

Corporate Counsel, Employer Liability Issues, Final Rules, OSHA, Registered Representatives

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Littler Global Guide - Colombia - Q3 2018

Nature and Destination of Tips - New Legislation Enacted - On August 3, 2018, Congress enacted Law 1935-2018, to regulate the nature and destination of tips that employees receive from clients for rendering services…more

Breastfeeding, Colombia, Employer Liability Issues, Hiring & Firing, Hospitality Industry

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CARES Act: Implications for Employers

The Coronavirus Aid, Relief and Economic Security (CARES) was enacted on Friday, March 27, 2020. The CARES Act creates a half-dozen new programs to help distressed businesses and workers deal with COVID-19 and related shutdowns…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

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No Subpoena, No Protection?: Indiana Court of Appeals Approves Dismissal of Employee Who Left Work to Voluntarily Testify at Hearing

It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason. The Indiana Supreme Court, however, recognizes a limited number of…more

Adverse Employment Action, Anti-Retaliation Provisions, Appeals, At-Will Employment, Employer Liability Issues

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Utah Enacts Law Restricting Use of Vaccination or Immunity Status in Employment Decisions

The Utah legislature recently passed H.B. 131, which prohibits employers, government entities, and places of public accommodation from using an individual’s immunity status as a restriction. Utah Governor Spencer J. Cox signed…more

Corporate Counsel, Employees, Employer Liability Issues, Employment Discrimination, Hiring & Firing

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NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an…more

Collective Bargaining, Corporate Counsel, Employee Rights, Employees, Employer Liability Issues

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USCIS to Implement Premium Processing for Certain Pending EB-1 and EB-2 Form I-140 Petitions

On May 24, 2022, USCIS announced implementation of premium processing for certain work visa petitioners who have pending EB-1 and EB-2 petitions. This announcement is part of a USCIS’ plans to expand its premium processing…more

EB-1, EB-2, I-140, Immigration Procedures, USCIS

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DHS Announces Special Immigration Protection for Workers Who Help in Labor and Employment Agency Investigations

The Department of Homeland Security (DHS) has recently announced a streamlined process for foreign workers to request deferred action. Deferred action is a type of prosecutorial discretion to defer removal action (deportation)…more

Cooperation, Deferred Action, Department of Homeland Security (DHS), Employees, Enforcement Actions

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UNITED KINGDOM: COVID-19 (Coronavirus) – Employer FAQs

The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions,…more

Anti-Discrimination Policies, Best Practices, Business Continuity Plans, China, Collective Bargaining Agreements (CBA)

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The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’…more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Seattle Becomes the First U.S. Jurisdiction to Prohibit Caste Discrimination

On February 21, 2023, the City of Seattle, Washington became the first U.S. city – or any U.S. jurisdiction for that matter – to add caste to its list of categories protected against discrimination.  As described below, this law…more

Anti-Discrimination Policies, Employees, Employer Liability Issues, Labor Reform, Local Ordinance

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Dear Littler: Do I really need to reimburse my remote employee’s phone bill, internet, and home office equipment?

We are a small company based in Milwaukee, Wisconsin that allowed some of our employees to work remotely during the pandemic. When we recently announced our plans to call employees back to home base in Milwaukee, we received…more

Business Expenses, Employees, Employer Liability Issues, Employment Policies, Reimbursements

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Annual Report on EEOC Developments – Fiscal Year 2019

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not…more

Civil Rights Act, EEO-1, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Department of Labor Finds IRS Standard Mileage Reimbursement Rates Not Required For Delivery Drivers

On August 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter finding that employers of delivery drivers need not reimburse mileage at the IRS “standard” reimbursement rate…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), IRS, Mileage Reimbursement, Popular

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Changes in the New Form I-9, Employment Eligibility Verification

On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may be used now but must be used for all new hires and rehires…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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New Illinois and Chicago Laws for 2024

Illinois state and local legislatures kept busy in 2023 with the enactment of numerous new labor and employment laws, including significant changes to paid and sick leave for employees and new protections for temporary laborers…more

Ban the Box, City of Chicago, Employee Benefits, Employer Liability Issues, Illinois

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The Littler European Employer COVID-19 Survey Report - September 2020

Government-ordered office closures that swept much of Europe early in 2020 appear to have helped convince employers across the continent that workers could be just as productive remotely as they could while gathered in…more

Coronavirus/COVID-19, Employer Liability Issues, EU, Hiring & Firing, Infectious Diseases

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Littler Lightbulb: Highlighting Five Recent Developments in Latin America

Littler’s International Employment Law Practice Group includes experienced practitioners who help employers tackle local and multinational legal issues across borders. Here we shine a light on pivotal legal developments in…more

Collective Bargaining Agreements (CBA), Colombia, Contribution Limits, Domestic Partnership, Economic Downturn

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British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration…more

Canada, Coronavirus/COVID-19, Damages, Employees, Employer Liability Issues

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Pennsylvania Moves One Step Closer to Substantially Increasing White Collar Exemption Salary Threshold

In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee under…more

Comment Period, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Labor Regulations

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California Department of Public Health Issues COVID-19 Employer Playbook for a Safe Reopening

On July 24, 2020, the California Department of Public Health issued its most recent guidance for employers. According to the Department, the COVID-19 Employer Playbook for a Safe Reopening provides businesses with “the tools to…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases, Occupational Exposure

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Dutch Supreme Court Finds On-Demand Deliverers Are Not Self-employed

The Dutch Supreme Court has just ruled that Deliveroo meal deliverers are not self-employed, but rather “regular” employees. With this decision the Supreme Court confirms the earlier judgments of the Cantonal Court and the Court…more

Delivery Drivers, Employee Definition, Employer Liability Issues, Employment Litigation, Gig Economy

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Puerto Rico Department of the Treasury Announces 2024 Limits on Qualified Retirement Plans

On January 31, 2024, the Puerto Rico Department of the Treasury issued Internal Revenue Circular Letter No. 24-01 (CL IR 24-01) announcing the applicable 2024 limits for Puerto Rico qualified retirement plans. Pursuant to…more

Compensation & Benefits, Contribution Limits, Employee Benefits, Puerto Rico, Qualified Retirement Plans

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Littler Global Guide - Germany - Q4 2017

Strengthening of Company Pension - Only around 60% of employees in Germany have a company pension plan, which they use to provide for retirement in addition to the statutory pension. This is set to change from January 1,…more

Employee Benefits, Employer Contributions, EU, Germany, Minimum Wage

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Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human Rights Tribunal

In London District Catholic School Board v. Weilgosh, 2024 CanLII 20606 (ON SCDC), the Ontario Superior Court of Justice, Divisional Court (Divisional Court) rejected an employer’s argument that the Human Rights Tribunal of…more

Arbitration, Arbitrators, Canada, Collective Agreements, Discrimination

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The E.U. Advances a Watered-Down but Nonetheless Landmark Human Rights Draft Law – What This Means for Global Employers

This summer, the European Union is expected to finalize and pass a law – albeit in a materially different form from previous versions – that will place substantial human rights obligations on global employers.  On March 15,…more

Anti-Corruption, Corporate Counsel, Corporate Social Responsibility, Due Diligence, EU

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México: Actualización de la Constancia de Inscripción de Empleador (CIE)

La Constancia de Inscripción de Empleador es el documento emitido por el Instituto Nacional de Migración que permite a toda empresa la realización de trámites relacionados con el personal extranjero que se encuentra en…more

Certification Requirements, Foreign Nationals, Foreign Workers, Immigration Procedures, International Labor Laws

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Enhanced Maternity Protections in Germany are Taking Effect

In May 2017, the German Federal Government passed a reform known as the German Maternity Protection Act, aimed at protecting the health and well-being of the woman and her (unborn) child during pregnancy, after birth and during…more

Anti-Retaliation Provisions, Breastfeeding, Germany, Hiring & Firing, Maternity Leave

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Michigan OSHA Implements Proactive COVID-19 Safety Measures Applicable to Office Workers

On November 10, 2020, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an Agency Instruction creating a state emphasis program (SEP) to help ensure office workers are protected from COVID-19.  The…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Health and Safety, Infectious Diseases

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The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions…more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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California Civil Rights Department Issues Clarifications on California Pay Data Reports

It’s almost spring, and you know what that means! It’s almost time to file the California pay data reports. Last year was the first year for filing expanded pay data reports under SB1162, which requires private employers with…more

California, Corporate Counsel, Data Collection, Equal Pay, Filing Deadlines

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DOL Revised Section 7(i) Exemption Regulations: Is Your Company a Retail or Service Establishment?

Does an employer’s business qualify as a “retail or service establishment” for the purpose of satisfying the exemption requirements of section 207(i) of the federal Fair Labor Standards Act?  The answer to this question might…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Over-Time, Retailers

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New York Appellate Court Delivers Big Win To Gig Economy Business

On June 22, New York’s Third Department appellate court – which has jurisdiction over all state Unemployment Division appeals – issued a significant decision for “gig” economy companies with operations in New York. In Matter of…more

Administrative Law Judge (ALJ), Corporate Counsel, Department of Labor (DOL), Gig Economy, Independent Contractors

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U.S. Supreme Court: Antitheft Security Screening Not Part of the Job for FLSA Compensation Purposes

Employers across the country are breathing a sigh of relief following the December 9, 2014 unanimous ruling of the U.S. Supreme Court that time spent by warehouse workers waiting for and undergoing antitheft security screening…more

Amazon, Fair Labor Standards Act (FLSA), Integrity Staffing v Busk, NLRB, SCOTUS

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West Virginia Employers No Longer Allowed to Prohibit Guns in Vehicles in Company Parking Lots

On March 21, 2018, West Virginia Governor Jim Justice signed into law House Bill 4187, referred to as the Business Liability Protection Act, which limits an employer’s ability to prohibit the lawful possession of firearms locked…more

Employer Liability Issues, Employment Policies, Firearms, Gun Laws, Guns-in-Trunks Legislation

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Employers’ Duty to Bargain Over Union COVID-19 Proposals During the Term of a Collective Bargaining Agreement

Whether and how to respond to union proposals and requests to bargain are among the important questions employers face when confronting the many health, safety and economic threats posed by the COVID-19 pandemic…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Employer Liability Issues, NLRA, NLRB

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Divergent Paths on Regulating Artificial Intelligence

On March 21, 2024, the United Nations (UN) adopted a landmark resolution on the promotion of “safe, secure and trustworthy” artificial intelligence (AI) systems. The UN’s resolution contains a “comprehensive vision” for how…more

Artificial Intelligence, Bias, Employer Liability Issues, Employment Discrimination, EU Directive

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Court Rejects Recent Interpretation of Oregon Overtime Laws That Would Have Required Certain Employers to Double-Count Daily and Weekly Overtime

On March 9, 2017, the Multnomah County Circuit Court rejected the recent move by the Oregon Bureau of Labor and Industries (BOLI) to require Oregon’s “manufacturing establishments” to double-count daily and weekly overtime for…more

BOLI, Manufacturers, Over-Time, Wage and Hour

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"Who Can It Be Now?" New York Court Explains Who May Be Liable For Discrimination Based On A Criminal Conviction

On May 4, 2017, the New York Court of Appeals answered who may be liable under the state’s fair employment law for discrimination based on an individual’s conviction record. The opinion in Griffin v. Sirva, Inc. is noteworthy…more

Ban the Box, Corporate Counsel, Criminal Background Checks, Criminal Records, Employment Discrimination

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Pandemic-Born Rules: Nevada’s Newest Employment Laws

In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation, some of which affect employers…more

Employee Rights, Employer Liability Issues, Hairstyle Discrimination, Hiring & Firing, Labor Reform

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It’s Wild Wild West (Hollywood): Minimum Wage (to the Max), Paid (and Unpaid) Leave . . . and Service Charges

On November 15, 2021, West Hollywood, California enacted an ordinance that establishes a local minimum wage, requires employers to provide paid and unpaid leave benefits, and governs how businesses advertise and distribute…more

Employer Liability Issues, Labor Regulations, Local Ordinance, Minimum Wage, New Regulations

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No April Foolin’ – OSHA Updates its Worker Walkaround Representative Regulation

On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection. …more

Corporate Counsel, Employer Liability Issues, Final Rules, OSHA, Registered Representatives

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Arizona Joins Other States in Passing COVID-19 Liability Protection for Businesses

Arizona Governor Doug Ducey recently signed Senate Bill 1377 after a push from Republican legislators to limit civil liability exposure for “Good Samaritans” who have worked to protect and provide for Arizonans during the…more

Civil Liability, Coronavirus/COVID-19, Covered Entities, Health Care Providers, Immunity

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Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.” Although…more

Caregivers, Corporate Counsel, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Virginia Realigns Overtime Requirement with Federal FLSA

Virginia, historically reliant on the federal Fair Labor Standards Act (FLSA) to govern overtime obligations, passed its first stand-alone overtime law in March 2021.  The Virginia Overtime Wage Act (VOWA), went into effect on…more

Fair Labor Standards Act (FLSA), Labor Reform, Over-Time, State Labor Laws, Virginia

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The Next Normal: A Littler Insight on Returning to Work – EEO Compliance

In the COVID-19 world we are in today, the U.S. Equal Employment Opportunity Commission (EEOC) has established new rules to help employers slow the spread of this devastating virus. While the EEOC has created new and more…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

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California Changes “Close Contact” Definition Under Cal/OSHA COVID Emergency Standard and Issues Revised Proposal for Non-Emergency Standard

On October 13, 2022, the California Department of Public Health (CDPH) issued an order effective October 14, 2022, updating the definition of close contact under the Third Revised COVID Emergency Temporary Standard and providing…more

Cal-OSHA, California, Coronavirus/COVID-19, Emergency Management Plans, Employees

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Colorado Grants Certain Private-Sector Employees the Right to Inspect Their Personnel Files

On June 10, 2016, Governor John W. Hickenlooper signed Colorado House Bill 16-1432, Personnel Files Employee Inspection Right (the “Bill”), into law.  The Bill, which provides certain current and former private-sector employees…more

Corporate Counsel, Employee Rights, Hiring & Firing, New Legislation, Personnel Records

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Which Employees Can Have Their Hands in the Tip Jar? Finally Some Clarification

On June 26, 2013, the New York Court of Appeals issued a decision concerning who may lawfully participate in a restaurant tip-sharing system. The state’s highest court stated that for employees to receive tips from a…more

Compliance, Local Ordinance, Restaurant Industry, Starbucks, Tip-Pooling

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West Virginia Enacts Legislation to Clarify Worker Classification

Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the “Act”), which goes into effect on June 9, 2021.  The legislation provides standards for determining…more

Employee Definition, Employer Liability Issues, Freelance Workers, Gig Economy, Hiring & Firing

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Synthetic Reality & Deep Fakes: Considerations for Employers and Implications of the Rise of Deep Fakes in the Workplace

In an age where computer generated imagery (CGI) and digital effects enable entire film genres to exist, like Marvel’s superhero series the Avengers or Guardians of the Galaxy, audiences have no expectation that movies they…more

Artificial Intelligence, Authentication, Digital Media, Digital Platforms, Exploitation

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Minnesota Wage Theft Bill with New Employer Requirements Takes Effect July 1

In one of the most significant pieces of legislation affecting employers in many years, the Minnesota Legislature passed, and Governor Walz signed, the Jobs and Economic Development Omnibus bill that includes new wage theft…more

Employer Liability Issues, Labor Relations, New Legislation, State and Local Government, State Labor Laws

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent…more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Alabama Department of Labor Announces New Documentation Requirement and Enforcement Initiative

The Alabama Department of Labor (AL DOL) recently announced two new changes affecting employers. By emergency rule adopted July 10, 2020, the AL DOL now requires all employers to provide a notice to employees regarding…more

Enforcement Guidance, Families First Coronavirus Response Act (FFCRA), Hiring & Firing, Notice Requirements, Required Documentation

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Virginia’s Legislative Session Concludes with a Handful of New Employment Laws

The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes some…more

Confidentiality Agreements, Employee Rights, Employees, Labor Reform, Minimum Wage

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IRS Updates FAQs on 1099-Ks Used for Gig Workers and Others

The IRS recently updated its guidance for completing Form 1099-K, used primarily by “gig” companies providing compensation using payment apps or online marketplaces and for individuals selling goods on online marketplaces such…more

1099s, Financial Transactions, Gig Economy, Income Taxes, Internal Revenue Code (IRC)

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Missouri and the St. Louis Region Get Back to Work: Business Guidelines, Practical Considerations, and Resources

As Missouri begins the work of gradually reopening its economy, state and local officials have provided certain restrictions and guidelines designed to continue to prevent the spread of COVID-19.  The State of Missouri…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Re-Opening Guidelines

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Finally! Ohio Restores its Employment Discrimination Statute

After over 25 years of proposals and negotiations among key stakeholders—including Ohio employers and their supporting associations, the Ohio plaintiffs’ employment law bar, and various employee-rights advocates—on December 22,…more

Age Discrimination, Employee Rights, Employer Liability Issues, Employment Discrimination, Hostile Environment

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New Year, New Laws: Illinois Legislative Amendments Employers Won’t Want to Miss in 2023

2023 will bring new laws affecting Illinois employers. The Illinois legislature passed over 180 laws that take effect on January 1, 2023. This article will cover three of the most relevant developments for Illinois employers,…more

Employees, Employer Liability Issues, Hairstyle Discrimination, Illinois, Labor Reform

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Immigration Update During Pandemic: Visa Sanctions, Extensions of Nonimmigrant Status, and Visa Premium Processing

On April 10, 2020, the president issued a new memorandum, Memorandum on Visa Sanctions, focused on immigration compliance measures and enforcement…more

Coronavirus/COVID-19, Corporate Counsel, Immigration Procedures, Non-Immigrant Visas, Popular

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USCIS Announces Upcoming H-1B Cap Lottery Dates and New Beneficiary-Centric Selection Process

USCIS has officially announced the dates for the fiscal year (FY) 2025 H-1B cap lottery, which will open on Wednesday, March 6, 2024 at noon ET and end on Friday, March 22, 2024, at noon ET. This annual lottery is meant to…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Littler Lightbulb: Colorado Adds New Employment Laws this Session

Over the last two years, Colorado enacted some significant employment laws, including the Healthy Families & Workplaces Act and Equal Pay for Equal Work Act. Colorado’s 2021 legislative session ended on June 12, 2021…more

Employer Liability Issues, Gender Identity, Hiring & Firing, Labor Reform, LGBTQ

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U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette…more

Actual Delivery, Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Delivery Drivers

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San Diego County Climate Changes Again on Mandatory Temperature Checks

San Diego County employers that scrambled to find thermometers to comply with the county’s prior health order learned on June 16, 2020 that their efforts were not in vain. One week after the county amended its order to omit…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Employer Responsibilities, Screening Procedures

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The E.U. Advances a Watered-Down but Nonetheless Landmark Human Rights Draft Law – What This Means for Global Employers

This summer, the European Union is expected to finalize and pass a law – albeit in a materially different form from previous versions – that will place substantial human rights obligations on global employers.  On March 15,…more

Anti-Corruption, Corporate Counsel, Corporate Social Responsibility, Due Diligence, EU

See all updates »

The American Workforce Transformation – Challenges and Opportunities

Introduction - As headlines in The New York Times and other major news media tout increases in the number of employed non-farm workers, a deeper dive reflects that the labor force participation rate in June was 62.6% for the…more

Artificial Intelligence, Critical Infrastructure Sectors, Employee Training, Employees, Employer Liability Issues

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Illinois Makes Discrimination and Immigration Practices Based on Work Authorization Status a Civil Rights Violation

On August 2, 2021, Illinois enacted House Bill 0121 (Bill) that – effective immediately – adds a provision to the Illinois Human Rights Act (IHRA) making it a civil rights violation for discriminating against employees and job…more

Anti-Discrimination Policies, Citizenship Status Discrimination, Corporate Counsel, Labor Reform, National Origin Discrimination

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New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James, a…more

Agribusiness, Agricultural Sector, Agricultural Workers, Employee Rights, Employees

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Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test

On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the white-collar…more

Corporate Counsel, Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA)

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UK: Updated FAQs, as Furlough Scheme Is Extended into 2021

Back in March, Chancellor Rishi Sunak announced an unprecedented package of measures, including a Coronavirus Job Retention Scheme (CJRS). On 5 November 2020, the chancellor announced a further extension to the furlough scheme…more

Coronavirus/COVID-19, Employee Retention, Furloughs, International Labor Laws, Job Retention Schemes

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West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers

For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state.  One of the factors that undoubtedly…more

Arbitration, Arbitration Agreements, Business Development, Department of Labor (DOL), Federal Contractors

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Washington State Legislature Responds to the #MeToo Movement

Washington has adopted four new laws addressing workplace harassment and discrimination. Three prohibit limitations on an employee’s disclosure or public pursuit of discrimination or harassment claims, while the fourth requires…more

Anti-Harassment Policies, Best Practices, Disclosure, Dispute Resolution, Employer Liability Issues

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Dear Littler: What employment issues should we keep in mind when hiring seasonal minor employees?

Dear Littler: We’re a nationwide employer excited that many of the pandemic-related restrictions are starting to ease up. In pre-COVID times, summer was always our busiest season…more

Child Labor, Employer Liability Issues, Fair Labor Standards Act (FLSA), Foreign Workers, Form I-9

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Minnesota Supreme Court Reverses Course: Employees May Assert Claims Both for Workers’ Compensation Benefits and for Disability Discrimination

The Minnesota Supreme Court in Daniel v. City of Minneapolis overruled itself, and 30 years of precedent, by holding the Minnesota Workers’ Compensation Act’s exclusivity provision does not bar disability discrimination claims…more

Compensation & Benefits, Disability Discrimination, Employee Rights, Employer Liability Issues, Employment Litigation

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Montana Makes Significant Changes to State Employment Laws

Montana Governor Greg Gianforte recently signed three bills that make significant changes to Montana’s Wrongful Discharge from Employment Act, Human Rights Act, and Wage Protection Act…more

Employer Liability Issues, Hiring & Firing, Labor Reform, State and Local Government, State Labor Laws

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Philadelphia Enacts 2021 Public Health Emergency Leave Ordinance

On March 29, 2021, Philadelphia, Pennsylvania enacted Bill # 210122-A, an ordinance immediately requiring covered employers to provide 2021 Public Health Emergency Leave (“2021 PHEL”). Philadelphia’s similar 2020 PHEL ordinance…more

Coronavirus/COVID-19, Employee Rights, Labor Reform, Labor Regulations, Local Ordinance

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Annual Report On EEOC Developments - Fiscal Year 2021

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC Developments—Fiscal…more

Annual Reports, Corporate Counsel, Diversity, EEO-1, Employer Liability Issues

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Governor Hochul’s Executive Budget Proposal Calls for Significant Changes to New York’s Consumer Directed Personal Assistance Program

Last month, Governor Hochul announced her Executive Budget Proposal for the 2025 fiscal year, which includes the elimination of wage parity benefits for personal assistants who work through the Consumer Directed Personal…more

Employee Benefits, Home Health Care, New York, Personal Assistance Services (PAS), State Budgets

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#MeToo: In Defense of Nondisclosure Agreements

Nondisclosure Agreements (NDAs) have recently come under fire within the #MeToo debate. Opponents of the NDA argue that its sole (and negative) purpose is to silence victims of sexual harassment and allow those accused to…more

#MeToo, Anti-Harassment Policies, Employer Liability Issues, Employment Contract, Harassment

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New Class Action Suits Claim Stores Must Supply Gifts Cards With Braille

Since October 24, 2019, blind and vision-impaired individuals have filed more than ninety lawsuits claiming that the public accommodations provisions of the Americans with Disabilities Act (Title III) and its state and local…more

Americans with Disabilities Act (ADA), Article III, Class Action, Disability Discrimination, Gift-Cards

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Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will…more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Delaware Supreme Court Upholds Forfeiture for Competition Provisions, Holding Departed Partners Bargained Away Their Right to Have Their Cake and Eat It, Too

On January 29, 2024, the Delaware Supreme Court unanimously reversed a major Delaware Chancery Court decision that had analyzed the “forfeiture for competition” provisions in a limited partnership agreement using a traditional…more

Competition, DE Supreme Court, Forfeiture Statutes, Limited Partnership Agreements, Restrictive Covenants

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Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications for Employers on the Horizon

On December 6, 2023, the Supreme Court of the United States (SCOTUS) heard arguments in Muldrow v. City of St. Louis, Missouri—a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a…more

Adverse Employment Action, Civil Rights Act, Corporate Counsel, Diversity and Inclusion Standards (D&I), Employer Liability Issues

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DOL Clarifies the Exempt Nature of Participation in the Department of Defense’s Skill Bridge Program

In 2013 the United States Department of Defense founded Skill Bridge, a program that partners the U.S. Armed Forces with private employers to provide internships to active duty service members during their last six months of…more

Active Duty, Davis-Bacon Act, Department of Defense (DOD), Department of Labor (DOL), Fair Labor Standards Act (FLSA)

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Dear Littler: Can we ban the unvaccinated from our office parties?

Dear Littler: The holiday season is upon us, and we’d like to celebrate this year by holding an actual office party like we did in the “before” times. Prior to 2020, we held luncheons in our New Jersey branch office for workers…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employment Policies, Events

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation - February 2014

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union Labor…more

Anti-Discrimination Policies, Business Torts, Discovery, Healthcare, Internet of Things

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OMB Announces New Agency Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity

On March 29, 2024, the Office of Management and Budget (OMB) published revisions to Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15). These…more

Data Collection, Data Management, Equal Employment Opportunity Commission (EEOC), Federal Contractors, Federal Labor Laws

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Department of Labor Announces Non-Enforcement Policy and Intent to Revisit ESG, Proxy Rules

On March 10, 2021, the Department of Labor’s Employee Benefits Security Administration (EBSA) announced that it will not enforce or otherwise pursue enforcement actions with respect to two recently issued final rules amending…more

Department of Labor (DOL), EBSA, Employee Benefits, Employee Retirement Income Security Act (ERISA), Enforcement Guidance

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Final Rule Affirms U.S. Department of Labor’s Power to Fine Businesses That Engage in Tip Theft

The U.S. Department of Labor published a final rule on September 23, 2021 clarifying several amendments to section 3(m) of the Fair Labor Standards Act (FLSA) that concern tip pooling. The final rule reestablishes the DOL’s…more

Civil Monetary Penalty, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Food Service Workers

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China’s New Cross-Border Data Transfer Rules Substantially Reduce Compliance Burdens for Multinational Employers

Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data…more

China, Data Privacy, Data Protection, Employer Liability Issues, International Data Transfers

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Biden Increases Minimum Wage and Phases Out Tip Credit for Federal Contractors

On April 27, 2021, President Joseph R. Biden issued an executive order increasing the minimum wage for workers working on or in connection with a federal government contract. Under the order, federal contractors will be required…more

Biden Administration, Department of Labor (DOL), Executive Orders, Fair Labor Standards Act (FLSA), Federal Contractors

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Annual Report On EEOC Developments - Fiscal Year 2021

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC Developments—Fiscal…more

Annual Reports, Corporate Counsel, Diversity, EEO-1, Employer Liability Issues

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California SB 1159 Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims

Update: Governor Newsom signed SB 1159 into law on September 17, 2020. In May, California Governor Newsom signed Executive Order N-62-20, which created a rebuttable presumption that certain employees who test positive for…more

Coronavirus/COVID-19, Employer Liability Issues, Governor Newsom, Health & Safety Standard, Infectious Diseases

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Hawaii Enacts Pay Transparency Law and Broadens Equal Pay Law

On July 3, 2023, Hawaii joined eight other states, as well as eight cities/counties, by enacting SB 1057, which requires that certain job listings disclose the hourly rate or salary range that “reasonably reflects the actual…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Hawaii, Hiring & Firing

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Pennsylvania Supreme Court Changes Labor Market Survey Rules

The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In Phoenixville…more

Workers' Compensation Defense

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D.C. Circuit Clarifies Employer Communication Rights During Union Campaigns

On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit clarified the rules that apply when employers distribute information and observe employees during union campaigns. The court found that a New York-based…more

Employees, Employer Liability Issues, Employer Rights, Labor Reform, Labor Relations

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DOL Releases Annual Fine Increases for Immigration-Related Violations

The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases are…more

Department of Labor (DOL), Employees, Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Fines, Foreign Nationals

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Returning to Work: Some Lessons from Asia

The new crown epidemic situation COVID-19 has had an unprecedented impact on individuals and businesses around the world. Governments have closed borders, issued health guidelines, implemented social segregation measures, shut…more

Asia, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Personal Protective Equipment

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An Employer's Measured Response to Suspected Workplace FMLA Fraud Wins the Day

The U.S. Court of Appeals for the Sixth Circuit issued its decision in Jaszczyszyn v. Advantage Health Physician Network, 2012 U.S. App. LEXIS 23162 (Nov. 7, 20012), affirming summary judgment for an employer in a case alleging…more

Documentation, Facebook, Family and Medical Leave Act (FMLA), FMLA Abuse, Interference Claims

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Revised Seattle Paid Sick & Safe Time Rules Give Employers Limited Time to Comply

Seattle, Washington’s Office of Labor Standards (OLS) revised its rules concerning the Paid Sick and Safe Time (PSST) Ordinance…more

Employer Liability Issues, Final Rules, Joint Employers, Notice Requirements, Paid Time Off (PTO)

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Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington will…more

Adverse Employment Action, Anti-Discrimination Policies, Decriminalization of Marijuana, Drug Testing, Employer Liability Issues

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New Year, New Rules: Chicago Will Require Proof of Vaccination to Enter Most Public Establishments as of January 3, 2022

On December 21, 2021, Mayor Lori Lightfoot issued Public Health Order 2021-2, a vaccine mandate for certain public accommodations that is meant to help curb the spread of COVID-19 as the Omicron variant continues to surge…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Local Ordinance, Masks

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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