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Julie Adams

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, EEOC, Employee Rights

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Stacy Adams

New Jersey Law Penalizes Employers for Failing to Timely Respond to Requests Regarding Unemployment Insurance

On August 19, 2013, New Jersey enacted legislation implementing the federal Trade Adjustment Assistance Extension Act, which penalizes employers who fail to timely respond to requests for information from state unemployment…more

Disability Insurance, Employer Liability Issues, Penalties, Request For Information, Unemployment

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Jessica Agarwal

New Jersey Employers Face New Pregnancy Accommodation Requirements

On January 21, 2014, New Jersey Governor Chris Christie signed the Pregnant Worker’s Fairness Act (PWFA) after nearly unanimous support in the State Assembly and Senate. The PWFA, which took effect immediately, applies to all…more

Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Neil Alexander

Medical Marijuana Dispensaries Are Now Operating in Arizona

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana…more

Controlled Substances Act, Dispensaries, Drug Testing, Medical Marijuana, Permits

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William Allen

Supreme Court Finds Middle Ground on Definition of “Clothes” Under the FLSA

On Monday, January 27, 2014, in unanimously affirming the Seventh Circuit’s judgment in favor of U.S. Steel Corporation in Sandifer v. United States Steel Corp., the Supreme Court forged a middle ground on the meaning of the…more

Collective Bargaining, FLSA, Sandifer v U.S. Steel Corp, SCOTUS, Unions

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Amy Alpern

Final Regulations Clarify and Expand Portland Sick Leave Law Requirements

Beginning January 1, 2014, private-sector employers doing business in Portland that have six or more employees will be required to provide employees with a minimum of one hour of paid sick leave for every 30 hours of work…more

Accrued Benefits, Discrimination, Employee Rights, Notice Requirements, Sick Leave

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Alison Andolena

New Jersey Employers Face New Pregnancy Accommodation Requirements

On January 21, 2014, New Jersey Governor Chris Christie signed the Pregnant Worker’s Fairness Act (PWFA) after nearly unanimous support in the State Assembly and Senate. The PWFA, which took effect immediately, applies to all…more

Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Joni L. Andrioff

Same-Sex Marriages and Benefit Plans After Windsor

On June 26, 2013, the Supreme Court issued its long-awaited decision in Windsor v. United States, No. 12-307. The Court ruled (in a 5-4 decision) that the section of the Defense of Marriage Act (DOMA) that required federal laws…more

401k, Civil Unions, Divorce, DOMA, Domestic Partnership

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Gavin Appleby

Court Finds Sham Litigation Violates Secondary Boycott Provisions of NLRA, But NLRA Prohibitions Do Not Apply to Worker Centers

On August 26, 2013, in Waugh Chapel South, LLC v. UFCW (4th Cir. 2013), the U.S. Court of Appeals for the Fourth Circuit delivered a victory, in part, to employers and, in part, to labor. In its decision, the Fourth Circuit…more

Frivolous Lawsuits, NLRA, Sham Litigation Exception, Unions

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Rebecca Aragon

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, I-9, Immigrants, Immigration Reform

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Tania Terrazas Arnaldo

New Immigration Procedures to Obtain Work Visas for Foreign Nationals Working in Mexico

In November 2012, Mexico's National Migration Institute ("INM" for "Instituto Nacional de Migración") issued new regulations and guidance to implement immigration laws that were enacted in May 2011. These regulations…more

Foreign Nationals, Immigration Procedures, National Migration Institute, Temporary Residence Cards, Work Visas

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Julia Arnold

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, EEOC, Employee Rights

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William Balke

Michigan's New "Internet Privacy Protection Act" Sets Limitations for Employers and Employees

On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an…more

Cybersecurity, Electronic Communications, Internet Privacy Protection Acts, Passwords, Social Media

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Jillian Ballard

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Jeanne Barber

Retaliation and Whistleblower Claims by In-House Counsel

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more

After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Corporate Counsel

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Michelle Barrett

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition. This…more

CFRA, Disability, Disability Discrimination, Discrimination, FEHA

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Maury Baskin

Workplace Policy Institute – A Special Labor Day 2013 Report: Is Labor Poised For Rebirth?

In This Publication: - Introduction - New Face of the NLRB - Bargaining Unit Determination - Other precedent-changing Decisions - New NLRB Members - NLRB General counsel …more

Ambush Election Rules, Bargaining Units, Independent Contractors, NLRB, Persuader Rules

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Edward Berbarie

Class Action Waiver Is Enforceable Despite NLRA Concerted Activity Provisions

On December 3, 2013, in D.R. Horton, Inc. v. National Labor Relations Board, the U.S. Court of Appeals for the Fifth Circuit found that class action waiver provisions contained in mandatory, pre-dispute arbitration agreements…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, D.R. Horton

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Philip Berkowitz

More CNIL Guidance for Multinationals Seeking to Comply with SOX & Dodd-Frank

United States employers operating in France often face a dilemma. While they may be bound by the whistleblowing requirements of the Sarbanes-Oxley Act ("SOX") and its Dodd-Frank amendments,1 they also are bound by the data…more

CNIL, Dodd-Frank, Multinationals, Sarbanes-Oxley, Whistleblowers

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Richard Black

The Federal Enclave Doctrine: A Potentially Powerful Defense to State Employment Laws

The U.S. Constitution provides that the federal government has exclusive legislative rights over certain federal territories – such as military bases, courthouses, and other official properties – if a state consents to the…more

Class Action, Federal Enclave Doctrine, Federal Jurisdiction, Preemption, Removal

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David K. Broderick

NLRB Overturns 50-Year-Old Precedent in Latest Decision on Dues-Checkoff Provision

In WKYC-TV, 359 NLRB No. 30 (Dec. 12, 2012), the National Labor Relations Board effectively overturned 50 years of precedent by holding that, like most other terms and conditions of employment, an employer's obligation to check…more

Collective Bargaining, Dues Checkoff, NLRB, Union Dues, Unions

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Gregory Brown

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Brenda Canale

Contrary to Union's Argument, NLRB Finds Jurisdiction Over Nonprofit Corporation Operating Charter School in Chicago

In Chicago Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41 (Dec. 14, 2012), the National Labor Relations Board ("the Board" or "NLRB") rejected the position of a teachers' union and found that it had…more

Charter Schools, NLRB, Unions

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John Cerilli

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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R. Keith Chapman

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, EEOC, Employee Rights

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Sebastian Chilco

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, EEOC, Employee Rights

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Kalisha Chorba

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, EEOC, Employee Rights

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Jamie Chu

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, EEOC, Employee Rights

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Elizabeth Tempio Clement

Philadelphia Pregnancy Accommodation Law Notice to Employees Must be Posted by April 20, 2014

On or before April 20, 2014, all employers with employees in the City of Philadelphia must post a new notice on pregnancy discrimination from the Philadelphia Commission on Human Relations. Unlike the Philadelphia 21st Century…more

Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Christopher E. Cobey

Through the Lens of Concepcion: California Supreme Court Revisits the Validity of Agreements Requiring Employee Waiver of Wage Claim Administrative Processes

Almost one year after the U.S. Supreme Court summarily vacated the original 2011 Sonic-Calabasas opinion (Sonic I), the California Supreme Court issued its opinion on remand in Sonic-Calabasas A, Inc. v. Moreno (Sonic II)…more

Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, Federal Arbitration Act, Unconscionable Contracts

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Karin M. Cogbill

Increased Minimum Wage Is on Its Way: The City of San Jose's New Minimum Wage Ordinance Takes Effect on March 11

This past November, voters in the City of San Jose, California ("City") approved their own minimum wage ordinance (MWO) – the largest city in the United States to take this action. The ordinance takes effect on Monday, March 11,…more

Business Taxes, Exemptions, Local Ordinance, Minimum Wage

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Adam Colón

New York Employers Are Now Safe to Make Wage Deductions: NYDOL Issues Final Wage Deduction Regulations

The New York Department of Labor (NYDOL) issued final regulations, effective October 9, 2013, which explain how and when employers may make deductions for wage overpayments due to mathematical or clerical errors and for…more

DOL, Overpayment, Wage Deductions, Wages

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Enrique García Conde

Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity…more

Compliance, Employee Benefits, Employee Rights, Enforcement, Labor Departments

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Michael G. Congiu

Illinois Supreme Court Strikes Down Prohibition on Non-Consensual Audio Recordings, Raising New Issues for Employers

Illinois employers had been able to rely upon Illinois' prohibition against all non-consensual recording of conversations, whether private or not. As of March 20, 2014, that prohibition no longer exists…more

Audio Recording, Surveillance

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Nicole Corkery

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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Greg Coulter

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, EEOC, Employee Rights

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Ryan Crosswell

Federal Court Rules that Virginia's Laws Barring Same-Sex Marriage are Unconstitutional

On February 13, 2014, in Bostic v. Rainey, Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia ruled that any Virginia laws banning same-sex marriage or prohibiting recognition of…more

Equal Protection, Fourteenth Amendment, Marriage, Marriage Equality, Same-Sex Marriage

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Tiffany Cruz

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

ADA, Crime Victims, Discrimination, DLSE, Domestic Violence

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Alison Cubre

Ninth Circuit Defines Parameters for Removal of PAGA Actions

California's Private Attorneys General Act of 2004 (PAGA) allows an "aggrieved employee" to recover civil penalties for certain violations of the California Labor Code. The amount of recovery in a PAGA action is based on the…more

PAGA, Rest and Meal Break

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Matthew Curtin

Connecticut's Governor Vetoes Restrictive Non-Compete Bill Due to Lack of Clarity

On Friday, July 12, 2013, Connecticut's Governor Dannel P. Malloy vetoed a bill that would have restricted the use of non-compete agreements in the context of mergers and acquisitions. The proposed bill, "An Act Concerning…more

Acquisitions, Dannel Malloy, Legislative Vetoes, Mergers, Non-Compete Agreements

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Oscar De la Vega

México Promulga Reformas Importantes a la Ley Federal del Trabajo

El día de hoy se publicó en el Diario Oficial de la Federación el "Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley Federal del Trabajo" de México. Las reformas entran en vigor a partir del 01…more

Dismissals, International Labor Laws, Unions, Wages

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Dale Deitchler

Mandatory Pilot Obesity/Sleep Apnea Screening: New FAA Policy Thumbs Its Nose at New Federal Commercial Driver Transportation Law

On November 20, 2013, Fred Tilton, the Federal Aviation Administration's (FAA) Federal Air Surgeon, announced a New Obstructive Sleep Apnea Policy1 (Policy) the FAA will be "releasing shortly." Under the Policy, aviation medical…more

Commercial Driving Licenses, FAA, Healthcare, Healthcare Professionals, Sleep Apnea

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Nancy N. Delogu

District of Columbia Greatly Expands Paid Sick Leave Coverage, Enforcement, and Penalties with Amendments to the Accrued Sick and Safe Leave Act

The District of Columbia is poised to implement sweeping new amendments to the Accrued Sick and Safe Leave Act of 2008. The amendment, entitled the Earned Sick and Safe Leave Amendment Act of 2013 (the "Act"), has been signed…more

Compliance, Employee Benefits, Paid Leave, Sick Leave, Unpaid Leave

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Katherine Dix

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, EEOC, Employee Rights

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Brian Dixon

Failure to Provide Cal-OSHA-Required Recovery Periods to Avoid Heat Illness Now Results in Premium Pay – And More Class Action Litigation

California’s now familiar one-hour-of-pay premiums for missed meal and rest periods will gain more “heat” on January 1, 2014, when a one-hour-of-pay premium will be required for each day an employer fails to provide “recovery…more

Class Action, Compliance, Employee Rights, Employer Liability Issues, OSHA

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John Doran

Rhode Island Enacts Paid Temporary Caregiver Leave Law

Rhode Island recently passed the Temporary Caregiver Insurance law which amended its Temporary Disability Insurance (TDI) program to provide employees with an additional leave benefit and wage replacement benefits during that…more

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Julie Dunne

"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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Ryan Eddings

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, EEOC, Employee Rights

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Margaret Edwards

San Francisco Adopts Ordinance That Prohibits Caregiver Discrimination and Provides Flexible Work Arrangements for Caregivers

San Francisco recently adopted the “Family Friendly Workplace Ordinance,” which prohibits caregiver discrimination and gives employees a right to request “flexible” or “predictable working arrangements” to assist employees with…more

Adverse Employment Action, Caregivers, Discrimination, Employee Rights, Flexible Work Arrangements

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Edward Ellis

Supreme Court's First Sarbanes-Oxley Decision Promises Expansion of Coverage to Most Privately Held Businesses

In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are “contractors,”…more

Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS

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William Emanuel

U.S. Supreme Court Denies Review of Union Trespassing Case in California

Labor unions recently won a victory over employers in California when the U.S. Supreme Court denied review of the California Supreme Court's decision in Ralphs Grocery Co. v. UFCW. The California court had upheld two state…more

First Amendment, Free Speech, Judicial Review, SCOTUS, Trespass

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Rodrigo Espiritu Santo

Salarios Mínimos Estarán Vigentes en México en Zonas Geográficas "A" y "B" en el Año 2014

El 18 de diciembre de 2013, la Comisión Nacional de los Salarios Mínimos (CONASAMI) acordó otorgar un aumento general a los salarios mínimos de las dos áreas geográficas para el 2014 de 3.9%. El incremento en los salarios…more

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Sarah Fask

New Case Provides Lessons That May Help Companies Avoid Pitfalls When Structuring Independent Contractor Relationships

The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor…more

Contract Drafting, Employee Rights, Employer Liability Issues, FLSA, Independent Contractors

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Brendan Fitzgerald

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, EEOC, Employee Rights

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Susan Fitzke

Minnesota Enacts “Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal Record Inquiries Until After Interviews or Conditional Job Offers

Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not…more

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Thomas J. Flaherty

Virginia Supreme Court Reverses Dismissal of Non-Compete Case, Emphasizing Need for Case-by-Case Analysis

In Assurance Data, Inc. v. John Malyevac, No. 121989 (Sept. 12, 2013), the Supreme Court of Virginia held that the Fairfax County Circuit Court had been too quick to rule on the enforceability of a covenant not to compete,…more

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Rod Fliegel

Sixth Circuit Upholds Dismissal of EEOC Suit Against Employer Screening Applicants Based on Credit History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion to…more

Criminal Background Checks, EEOC, Employee Credit Checks, Hiring & Firing, Kaplan

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Adam Forman

Class Action Waivers in Arbitration Agreements in Massachusetts

A flurry of new decisions from the Massachusetts Supreme Judicial Court (SJC) and the U.S. Supreme Court have approved the use of class action waivers in arbitration agreements. These decisions affirm that employers in…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Employer Liability Issues, SCOTUS

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Katherine C. Franklin

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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Robert Friedman

Narrow Supreme Court Ruling Upholds Arbitrator's Decision that Parties' Agreement Permits Class Arbitration

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court was asked to determine "whether an arbitrator exceeds his powers under the Federal Arbitration Act by determining that parties affirmatively 'agreed to…more

Arbitration, Class Action, Contract Interpretation, Federal Arbitration Act, Oxford Health v Sutter

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Steven J. Friedman

What Do Employers Need to Know About the ACA Marketplace Notices?

Although the Affordable Care Act's (ACA) "employer mandate" has been delayed until 2015, health insurance exchanges are still scheduled to start offering health coverage to individuals and employees of small businesses starting…more

Affordable Care Act, Deadlines, DOL, Employer Mandates, FLSA

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Amanda Fu

New California Laws Restrict the Discretion Employers Have to Inquire Into and Use Criminal Record Information

On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 …more

Criminal Background Checks, Criminal Records, Discrimination, Expungement, Sealed Records

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José Galindo Fuguemann

Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity…more

Compliance, Employee Benefits, Employee Rights, Enforcement, Labor Departments

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Danielle Anne Fuschetti

The Supreme Court’s Ginsberg Decision Could Significantly Affect the Outcome of Motor Carrier Preemption Cases

In a unanimous decision, the U.S. Supreme Court recently held that the Airline Deregulation Act (ADA) can preempt even common law claims for breach of the implied covenant of good faith and fair dealing if such claims relate to…more

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Matthew Gallagher

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, EEOC, Employee Rights

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Marcia Ganz

Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers…more

Caregivers, Companionship Exemptions, DOL, Employee Benefits, Employee Rights

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Tessa Gelbman

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Margaret Gillespie

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, CFRA, Disability, Disability Leave, FEHA

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Katherine Goetzl

Fourth Circuit Rules Temporary Impairment May Be a Disability Under the ADAAA

In late January, the U.S. Court of Appeals for the Fourth Circuit held in Summers v. Altarum Institute Corp., No. 13-1645 (4th Cir. Jan. 23, 2014), that "a sufficiently severe temporary impairment may constitute a disability."…more

ADA, ADAAA, Disability, Disability Discrimination

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David Goldman

EEOC Releases Detailed Enforcement Statistics – Claims Remain at Historic Levels

The U.S. Equal Employment Opportunity Commission (EEOC) announced that it received 99,412 private sector workplace discrimination charges during fiscal year (FY) 2012 – October 1, 2011 to September 30, 2012. While the number of…more

Discrimination, EEOC, Enforcement Statistics, Sexual Harassment, Title VII

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David Goldstein

OFCCP Scores Surprising Victory in its Continuing Battle for Jurisdiction Over Healthcare Providers Based on TRICARE Participation

On July 22, 2013, the Office of Federal Contract Compliance Programs (OFCCP) won a surprising victory before the Department of Labor’s (DOL) Administrative Review Board (ARB), breathing new life into the agency’s efforts to…more

Administrative Review Board, DOD, DOL, Federal Contractors, Healthcare Professionals

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Van Allyn Goodwin

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Sarah Gorajski

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, EEOC, Employee Rights

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Philip Gordon

Illinois Supreme Court Strikes Down Prohibition on Non-Consensual Audio Recordings, Raising New Issues for Employers

Illinois employers had been able to rely upon Illinois' prohibition against all non-consensual recording of conversations, whether private or not. As of March 20, 2014, that prohibition no longer exists…more

Audio Recording, Surveillance

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Michael Gregg

Ninth Circuit Holds that Employers Are Entitled to Individualized Damages and Affirmative Defense Determinations in Wage and Hour Class Actions

In Wang v. Chinese Daily News, Inc., 2013 U.S. App. LEXIS 4423 (9th Cir. Mar. 4, 2013), the U.S. Court of Appeals for the Ninth Circuit issued a decision that runs contrary to its prior endorsement of the use of inferential…more

Affirmative Defenses, Class Action, Individualized Damages, Wage and Hour, Wang v Chinese Daily News

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Barbara Gross

New York City Law Provides Reasonable Accommodation for Pregnancy, Childbirth, and Related Conditions

On October 2, 2013, Mayor Michael Bloomberg signed into law an amendment to the New York City Human Rights Law (NYCHRL) that requires employers with four or more employees to provide reasonable accommodations for pregnancy,…more

Discrimination, Local Ordinance, Municipalities, NYCHRL, Pregnancy Discrimination

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Deidre Grossman

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, ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co.

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Marina Gruber

The Going Gets Steeper: 2013 California Employment Legislation Affecting Private Sector Employers

The California Legislature concluded its 2013 regular session on September 12 with a flourish, sending a total this year of 896 bills to Governor Jerry Brown for approval (of 2,256 introduced). By the signing deadline last…more

Bad Faith, Citizenship, Disclosure Requirements, FEHA, Legislative Vetoes

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Matthew Hank

New Case Provides Lessons That May Help Companies Avoid Pitfalls When Structuring Independent Contractor Relationships

The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor…more

Contract Drafting, Employee Rights, Employer Liability Issues, FLSA, Independent Contractors

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Joseph Harkins

Maryland Employers Soon Must Provide "Light Duty" to Pregnant Disabled Women and Update Employment Handbooks

Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant employees with certain reasonable accommodations beyond the requirements of the federal Americans with Disabilities Act (ADA)…more

ADA, Disability, Disability Discrimination, PDA, Pregnancy

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Jennifer Harpole

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, EEOC, Employee Rights

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Barry Hartstein

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, EEOC, Employee Rights

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Laura Hayward

How Flexible Are You? Stretching the Boundaries with a Remote Workforce

Yahoo! CEO Marissa Mayer's recent decision to ban telecommuting has highlighted the issue of how employers of all sizes respond to technological changes that are redefining the workplace…more

ADA, Cybersecurity, Data Protection, Disability Discrimination, Discrimination

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Libby Henninger

District of Columbia Greatly Expands Paid Sick Leave Coverage, Enforcement, and Penalties with Amendments to the Accrued Sick and Safe Leave Act

The District of Columbia is poised to implement sweeping new amendments to the Accrued Sick and Safe Leave Act of 2008. The amendment, entitled the Earned Sick and Safe Leave Amendment Act of 2013 (the "Act"), has been signed…more

Compliance, Employee Benefits, Paid Leave, Sick Leave, Unpaid Leave

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Liliana Hernández

Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity…more

Compliance, Employee Benefits, Employee Rights, Enforcement, Labor Departments

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Michele Heverly

"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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Alison Hightower

Brinker Redux: California Superior Court Certifies Meal Break Class And Denies Decertification Of Rest Period Class

After the tortuous appellate process that finally resulted in the seminal California Supreme Court Brinker Restaurant Corporation1 decision defining the legal duty to provide a meal period and authorize rest breaks, you might…more

Class Certification, Decertify, Employee Rights, Employer Liability Issues, Rest and Meal Break

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Richard Hill

8(f) v. 9(a) Relationships in the Construction Industry: The Controversy Continues

Responding to an 11-year-old decision by the U.S. Court of Appeals for the D.C. Circuit, the National Labor Relations Board’s General Counsel recently issued a memorandum that provides guidance to NLRB regional offices on…more

Collective Bargaining, Construction Contracts, NLRA, NLRB

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Jane Himsel

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, EEOC, Employee Rights

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Katherine R. Hinde

Tenth Circuit is First Circuit to Determine Remedies for Violation of ERISA Section 204(h) Notice Requirements

The transition of many companies from using traditional "final average pay" plans to "cash balance" pension plans in the last two decades has created significant employee discontent, and therefore substantial litigation. …more

ADEA, Age Discrimination, ERISA, Health Insurance, Policy Violations

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Susan Katz Hoffman

Treasury Department Issues Guidance on Application of Same-Sex Marriage Ruling to Retirement Plans

On April 4, 2014, the Department of the Treasury issued its long-awaited supplemental guidance on when and how tax-qualified retirement plans (including 401(k) plans) must comply with Windsor v. United States, in which the…more

401k, Marriage, Retirement Plan, Same-Sex Marriage, SCOTUS

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Christine Hogan

New York, Unemployment, and Severance Agreements

Before offering severance to a departing employee, New York employers should be aware of recent changes to the New York unemployment insurance law. These changes may affect both the timing and language of the severance…more

Severance Agreements, Unemployment Insurance

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Thomas Holt

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a…more

Age Discrimination, Corbris Holdings, Discovery, Discrimination, Emotional Injury Claims

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Alissa Horvitz

Federal District Court Affirms U.S. Department of Labor's Position that Healthcare Providers Participating in HMOs for Federal Employees Are Subject to Federal Contractor Affirmative Action Requirements

In a long-awaited decision, the U.S. District Court for the District of Columbia ruled that three hospitals that provide medical services through a Health Maintenance Organization (HMO) to individuals covered by the Federal…more

Affirmative Action, Contractors, Department of Labor & Industry, Employment Contract, Federal Employees

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Ben Hugget

Philadelphia Pregnancy Accommodation Law Notice to Employees Must be Posted by April 20, 2014

On or before April 20, 2014, all employers with employees in the City of Philadelphia must post a new notice on pregnancy discrimination from the Philadelphia Commission on Human Relations. Unlike the Philadelphia 21st Century…more

Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Erik Hult

Supreme Court Holds Damages Must be Measurable on a Classwide Basis for Class Certification

In a significant class action decision for employers, Comcast Corp. et al v. Behrend et al, No. 11-864 (March 27, 2013), the U.S. Supreme Court held that the ability to establish classwide damages is essential to a favorable…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

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Joon Hwang

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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

See All Updates »

Linda Jackson

OSHA Issues New Rule for Food Safety Whistleblowers

Effective Thursday, February 13, 2014, the U.S. Occupational Safety and Health Administration (OSHA) published a final rule governing the agency's future handling of whistleblower complaints under Section 402 of the FDA Food…more

FDA, Food Safety, FSMA, OSHA, Whistleblowers

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Artie Jones

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, EEOC, Employee Rights

See All Updates »

Earl (Chip) M. Jones III

OSHA Issues New Rule for Food Safety Whistleblowers

Effective Thursday, February 13, 2014, the U.S. Occupational Safety and Health Administration (OSHA) published a final rule governing the agency's future handling of whistleblower complaints under Section 402 of the FDA Food…more

FDA, Food Safety, FSMA, OSHA, Whistleblowers

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Christopher Kaczmarek

Recent Decisions Provide Guidance on Drafting Noncompetition Agreements under Massachusetts Law

Your Vice President of Sales announces that she is leaving to work for your biggest competitor. She signed a noncompetition agreement when she joined the company five years ago as a junior sales associate. Can you get an…more

Contract Drafting, Material Change Doctrine, Non-Compete Agreements

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Steven E. Kaplan

Maryland Employers Soon Must Provide "Light Duty" to Pregnant Disabled Women and Update Employment Handbooks

Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant employees with certain reasonable accommodations beyond the requirements of the federal Americans with Disabilities Act (ADA)…more

ADA, Disability, Disability Discrimination, PDA, Pregnancy

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Stefanie Kastrinsky

New York City Law Provides Reasonable Accommodation for Pregnancy, Childbirth, and Related Conditions

On October 2, 2013, Mayor Michael Bloomberg signed into law an amendment to the New York City Human Rights Law (NYCHRL) that requires employers with four or more employees to provide reasonable accommodations for pregnancy,…more

Discrimination, Local Ordinance, Municipalities, NYCHRL, Pregnancy Discrimination

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Meredith Kaufman

Too Little, Too Late: The Supreme Court Adopts But-For Causation for Title VII Retaliation Claims

On June 24, 2013, in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (2013), the U.S. Supreme Court broke its long string of pronouncing expansive standards in the context of Title VII retaliation claims…more

Discrimination, Hiring & Firing, Racial Discrimination, Religious Discrimination, Retaliation

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Gregory Keating

Supreme Court's First Sarbanes-Oxley Decision Promises Expansion of Coverage to Most Privately Held Businesses

In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are “contractors,”…more

Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS

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Paul Kennedy

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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

See All Updates »

Kyllan Kershaw

Labor Board Likely Emboldened Following Sixth Circuit Decision Paving the Way for Micro-Units

On Thursday, August 15, 2013, the U.S. Court of Appeals for the Sixth Circuit upheld the National Labor Relations Board's decision in Specialty Healthcare and Rehabilitation Center of Mobile, affirming that the Board has broad…more

Bargaining Units, NLRB, Unions

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Diane L. Kimberlin

California Adopts New Disability Discrimination Regulations

Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the…more

ADA, Assistive Animals, Disability, Disability Discrimination, Discrimination

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Allan King

Retaliation and Whistleblower Claims by In-House Counsel

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more

After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Corporate Counsel

See All Updates »

Danielle Kitson

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission…more

Bad Faith, Class Action, Discrimination, Document Requests, EEOC

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John Kloosterman

The Final Breaths of the Alien Tort Statute

On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against…more

Alien Tort Statute, Extraterritoriality Rules, Jurisdiction, Multinationals, SCOTUS

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Bonnie L. Kristan

Workplace Injuries: Intentional Tort Claims in Ohio Are (Nearly) Dead in the Water

The Ohio Supreme Court delivered another blow to injured workers who attempt to skirt Ohio's workers' compensation system by pursuing a remedy for their injuries in court. On the heels of another opinion1 narrowly interpreting…more

Appeals, Intent, Intentional Torts, Workplace Injury

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Casey Kurtz

DOL Releases New Regulations Expanding Leave Entitlement for Military Caregivers and Flight Crew Members

On February 6, 2013, the U.S. Department of Labor (DOL) published new regulations that implement the federal Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for FY 2010 (FY 2010…more

Airline Employees, DOL, Flight Crews, FMLA, Military Caregiver Leave

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John Lambremont

Labor Board Likely Emboldened Following Sixth Circuit Decision Paving the Way for Micro-Units

On Thursday, August 15, 2013, the U.S. Court of Appeals for the Sixth Circuit upheld the National Labor Relations Board's decision in Specialty Healthcare and Rehabilitation Center of Mobile, affirming that the Board has broad…more

Bargaining Units, NLRB, Unions

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Jody Landry

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

ADA, Crime Victims, Discrimination, DLSE, Domestic Violence

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Joseph Lazazzero

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, EEOC, Employee Rights

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Henry Lederman

Through the Lens of Concepcion: California Supreme Court Revisits the Validity of Agreements Requiring Employee Waiver of Wage Claim Administrative Processes

Almost one year after the U.S. Supreme Court summarily vacated the original 2011 Sonic-Calabasas opinion (Sonic I), the California Supreme Court issued its opinion on remand in Sonic-Calabasas A, Inc. v. Moreno (Sonic II)…more

Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, Federal Arbitration Act, Unconscionable Contracts

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Nicolette Lee

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, EEOC, Employee Rights

See All Updates »

Stephanie Lee

California Supreme Court Rules "Mixed Motive" Is a Mixed Bag for Employers

The California Supreme Court recently clarified the defenses available to employers defending against claims of discrimination. In Harris v. City of Santa Monica, No. BC341469 (Cal. Feb. 7, 2013), the court ruled that, if a…more

Attorney's Fees, Damages, Discrimination, Harris v City of Santa Monica, Hiring & Firing

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Theodora R. Lee

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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

See All Updates »

Jonathan Levine

Wisconsin Adopts Password Protection Law

Wisconsin has become the thirteenth state to enact a law limiting the circumstances under which employers may request or require access to the personal internet accounts of applicants and employees. The 2013 Wisconsin Act 208,…more

Disclosure, Employee Rights, Employer Liability Issues, Exclusions, Internet Privacy Protection Acts

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Alan Levins

NLRB Rules Employer’s Termination of Non-Union Employees for Facebook Posts Violated NLRA

In another decision that affects non-union as well as union employers, the National Labor Relations Board recently ruled that comments posted on Facebook are protected in the same manner and to the same extent as comments made…more

Facebook, Hiring & Firing, Hispanics United of Buffalo, NLRA, NLRB

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Eboneé Lewis

Newark Follows Jersey City to Enact Paid Sick Time Law

On January 29, 2014, the Mayor of Newark, New Jersey signed into law an ordinance that requires private employers to provide paid sick time to employees. With this new law, Newark joins Jersey City, which enacted an ordinance…more

Collective Bargaining, Employee Definition, Employment Policies, Notice Requirements, Paid Leave

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Catherine Lindemann

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, EEOC, Title VII

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Jorge Lopez

Current Immigration Consequences of the Government Shutdown

With the federal government shutdown now a reality, employers should be aware of the immigration consequences. The following outlines how the government shutdown is affecting the operations at agencies that process…more

DHS, DOL, E-Verify, Government Shutdown, Social Security Adminstration

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Catherine Losey

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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

See All Updates »

Michael Lotito

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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

See All Updates »

Jill Lowell

Revised New York City Earned Sick Time Act Effective on April 1, 2014

In a March 17 press conference, New York Mayor Bill de Blasio announced that later this week he will sign into law two bills that significantly expand the provisions of the New York City Earned Sick Time Act (Act). The Act,…more

Employee Rights, Paid Leave, Sick Leave

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GJ MacDonnell

Federal Unemployment Insurance Integrity Act Creates Tough New Standards for Employers Responding to State Unemployment Insurance Claim Notices

In 2011, Congress passed the Unemployment Insurance Integrity Act (Act) as part of the Trade Adjustment Assistance Extension Act of 2011 (TAAEA). While the TAAEA was primarily concerned with extending retraining assistance for…more

Foreign Workers, Fraud, Overpayment, Penalties, Reporting Requirements

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Lauren Marcus

Newark Follows Jersey City to Enact Paid Sick Time Law

On January 29, 2014, the Mayor of Newark, New Jersey signed into law an ordinance that requires private employers to provide paid sick time to employees. With this new law, Newark joins Jersey City, which enacted an ordinance…more

Collective Bargaining, Employee Definition, Employment Policies, Notice Requirements, Paid Leave

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Andrew Marks

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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Larry Marquess

Major Changes to Colorado Discrimination Law Will Negatively Impact Employers Large and Small

On May 6, 2013, Colorado Governor John Hickenlooper signed into law the Job Protection and Civil Rights Enforcement Act Of 2013 (Act), which amends the Colorado Anti-Discrimination Act (CADA), the state law prohibiting…more

ADA, ADEA, Attorney's Fees, Compensatory Damages, Discrimination

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Patricia Martin

Retaliation and Whistleblower Claims by In-House Counsel

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more

After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Corporate Counsel

See All Updates »

Morgan Julia Matson

New Case Demonstrates the Importance of Forum Selection Clauses

On November 4, 2013, the U.S. District Court for the Northern District of California denied a motion filed by a company to dismiss a lawsuit brought by a former Libya-based employee. This decision ended the company's…more

Forum, Forum Non Conveniens, Forum Selection Clause, Jurisdiction, Motion to Dismiss

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Tammy McCutchen

President Obama Directs the Department of Labor to Revise Federal Overtime Regulations

On Thursday, March 13, President Obama directed U.S. Secretary of Labor Thomas E. Perez to "modernize and streamline" the Department of Labor's (DOL) "white collar" overtime exemption regulations at 29 C.F.R. Part 541. The…more

Barack Obama, DOL, FLSA, Over-Time, Wage and Hour

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Melissa McDonagh

Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers…more

Caregivers, Companionship Exemptions, DOL, Employee Benefits, Employee Rights

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Anne Mellen

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, FLSA, Healthcare, Healthcare Professionals, Independent Contractors

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Stephen Melnick

Supreme Court's First Sarbanes-Oxley Decision Promises Expansion of Coverage to Most Privately Held Businesses

In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are “contractors,”…more

Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS

See All Updates »

Amy Mendenhall

Retaliation and Whistleblower Claims by In-House Counsel

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more

After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Corporate Counsel

See All Updates »

Deepa Menon

OFCCP Publishes Additional Information Related to its New Protected Veterans and Disability Regulations

As new regulations from the Office of Federal Contract Compliance Programs (OFCCP) go into effect, the OFCCP has released guidance and materials to help covered contractors comply with the new requirements. The new resources…more

Benchmarks, Disability, Federal Contractors, Hiring & Firing, OFCCP

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Christopher Michalski

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, EEOC, Employee Rights

See All Updates »

Kerry L. Middleton

Minnesota Legislature Modifies Whistleblower Statute

On May 24, 2013, Minnesota Governor Mark Dayton signed into law a bill that the plaintiff's bar is likely to argue expands the scope of whistleblower protections for both public and private sector employees under the Minnesota…more

Good Faith, Investigations, New Legislation, Retaliation, Whistleblowers

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Bruce R. Millman

New York Employers Are Now Safe to Make Wage Deductions: NYDOL Issues Final Wage Deduction Regulations

The New York Department of Labor (NYDOL) issued final regulations, effective October 9, 2013, which explain how and when employers may make deductions for wage overpayments due to mathematical or clerical errors and for…more

DOL, Overpayment, Wage Deductions, Wages

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Brandon Mita

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, EEOC, Employee Rights

See All Updates »

Alan Model

Non-Union Employers Beware: The NLRB Re-Issues Its Proposed Rulemaking to Foster Unionization

Three years ago, during the summer of 2011, the National Labor Relations Board ("NLRB" or "Board") undertook two initiatives to promote unionization among private sector workers. First, in June 2011, the NLRB issued a notice of…more

Employer Liability Issues, NLRB, Unions

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Jennifer Mora

“Ban-the-Box” and Beyond: Employers That Do Business In or Contract with the City of San Francisco Should Review Sweeping Restrictions Regarding Inquiries Into, and the Use of, Criminal Records

On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly…more

Adverse Employment Action, Anti-Retaliation Provisions, Arrest and Conviction Records, Background Checks, Ban the Box

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Brian Mosby

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, EEOC, Employee Rights

See All Updates »

Sarah Moss

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, EEOC, Employee Rights

See All Updates »

Miranda Mossavar

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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

See All Updates »

Hilary Muckleroy

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, EEOC, Employee Rights

See All Updates »

Grady Murdock

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, EEOC, Employee Rights

See All Updates »

Terrence Murphy

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, EEOC, Employee Rights

See All Updates »

Jade Cobb Murray

President Obama Takes Executive Action on National Equal Pay Day

On April 8, 2014, the President signed an Executive Order prohibiting federal contractors from retaliating against employees who choose to discuss their compensation. The President also issued a Memorandum instructing the…more

Barack Obama, Data Collection, Disclosure Requirements, EEOC, Equal Pay

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Elisa Nadeau

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, EEOC, Employee Rights

See All Updates »

Darren E. Nadel

New Jersey Court Rules Individual Can Be Criminally Prosecuted for Taking Confidential Information to Support Civil Whistleblower Claims

In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit. However, this past December, in State of New Jersey v. Ivonne Saavedra, the…more

Confidential Information, Personally Identifiable Information, Property Theft, Public Employees, Qualified Privilege

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Kelly Nash

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, EEOC, Employee Rights

See All Updates »

Yves Nguyen

Nannies Join Employees Required to Receive Overtime Under California’s Domestic Worker Bill Of Rights

Effective January 1, 2014, California will become the third state after New York and Hawaii to require overtime compensation for all nannies and other domestic work employees. The new law, known as the “Domestic Worker…more

Caregivers, Employee Rights, Unpaid Overtime

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Kerry Notestine

Recommendations in Response to the EEOC’s New Lawsuit on Severance Agreements

On February 7, 2014, the Chicago District Office of the Equal Employment Opportunity Commission brought suit in the U.S. District Court for the Northern District of Illinois against CVS Pharmacy, Inc., claiming that a severance…more

ADEA, Corporate Counsel, CVS, EEOC, Kodak

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Jaime Novikoff

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, EEOC, Employee Rights

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George O'Brien

Connecticut Adds Burdensome Requirements to Personnel File Statutes

Connecticut has added several burdensome obligations to state statutes that give employees the right to inspect, copy and rebut their personnel files. At the urging of legal aid lawyers and other employee advocates, the…more

Disciplinary Proceedings, Penalties, Personnel Records, Required Documentation

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Ken O'Brien

Minnesota Legislature Modifies Whistleblower Statute

On May 24, 2013, Minnesota Governor Mark Dayton signed into law a bill that the plaintiff's bar is likely to argue expands the scope of whistleblower protections for both public and private sector employees under the Minnesota…more

Good Faith, Investigations, New Legislation, Retaliation, Whistleblowers

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Robert O'Brien

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, FLSA, Healthcare, Healthcare Professionals, Independent Contractors

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John O'Donnell

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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Yasmeen Omidi

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, EEOC, Employee Rights

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Robert Ortbals

Missouri Supreme Court Allows Employees to Proceed with Discrimination Lawsuits Based on Untimely Filed Charges of Discrimination

On August 27, 2013, the Missouri Supreme Court issued an opinion that significantly changes the way employers will have to approach raising objections to improperly filed charges of discrimination under the Missouri Human Rights…more

Discrimination, EEOC, Employer Liability Issues, Human Rights, Objection Procedures

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Elizabeth Parry

U.S. Supreme Court Denies Review of Union Trespassing Case in California

Labor unions recently won a victory over employers in California when the U.S. Supreme Court denied review of the California Supreme Court's decision in Ralphs Grocery Co. v. UFCW. The California court had upheld two state…more

First Amendment, Free Speech, Judicial Review, SCOTUS, Trespass

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Emily Patajo

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, EEOC, Employee Rights

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George Pauta

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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Catherine Pearson

Too Little, Too Late: The Supreme Court Adopts But-For Causation for Title VII Retaliation Claims

On June 24, 2013, in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (2013), the U.S. Supreme Court broke its long string of pronouncing expansive standards in the context of Title VII retaliation claims…more

Discrimination, Hiring & Firing, Racial Discrimination, Religious Discrimination, Retaliation

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Adam J. Peters

A Guide to Employee Benefits Administration and Leaves of Absence

Laws Providing Leaves of Absence - Family and Medical Leave Act (FMLA) - The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious health…more

ADA, COBRA, EAP, EPCRS, ERISA

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Kristy Peters

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, EEOC, Employee Rights

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Peter Petesch

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, EEOC, Employee Rights

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Mark Phillis

The Supreme Court Clarifies Who Is a Supervisor Under Title VII

In a 5-4 decision, the U.S. Supreme Court decided what the definition of a "supervisor" is for purposes of assessing liability for unlawful harassment under Title VII. The Court ruled that an employer will be vicariously liable…more

Discrimination, Hiring & Firing, Hostile Environment, Racial Discrimination, SCOTUS

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Natalie A. Pierce

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Benson Pope

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, EEOC, Employee Rights

See All Updates »

Suzanne Potter-Padilla

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, EEOC, Employee Rights

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D. Finn Pressly

IRS Provides FICA Reporting, Withholding, and Other Guidance Regarding Married Same-Sex Couples

Until the United States Supreme Court decision in United States v. Windsor, 570 U.S. ___ (2013), the Defense of Marriage Act (DOMA) required employers providing subsidized benefits to same-sex spouses and domestic partners/civil…more

DOMA, FICA Taxes, IRS, Marriage, Same-Sex Marriage

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Tracy Stott Pyles

As 2012 Ends, So Does the NLRB's Longstanding Bright-Line Rule Protecting Witness Statements from Disclosure

As the calendar year ends, so does National Labor Relations Board Member Brian Hayes' term, prompting a series of decisions, including Piedmont Gardens, 359 NLRB No. 46 (Dec. 15, 2012). There the Board reversed 34 year-old…more

Bright-Line Rule, Confidential Documents, Internal Investigations, NLRA, NLRB

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Nima Rahimi

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Richard Rahm

The Supreme Court’s Ginsberg Decision Could Significantly Affect the Outcome of Motor Carrier Preemption Cases

In a unanimous decision, the U.S. Supreme Court recently held that the Airline Deregulation Act (ADA) can preempt even common law claims for breach of the implied covenant of good faith and fair dealing if such claims relate to…more

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Patricia Reilly

Legislation Unanimously Passed by City Council Seeks to Protect NYC Interns From Discrimination

On March 26, 2014, the New York City Council unanimously passed a bill to expand the New York City Human Rights law to prohibit employment discrimination against interns. The legislation will likely be enacted into law, as it…more

Discrimination, Internships, NYCHRL, Unpaid Interns

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Amy Rettburg

Illinois High Court Affirms Viability of Construction Industry Classification Law

The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA) violates procedural due process rights and is impermissibly vague. The…more

Construction Workers, Employee Definition, Independent Contractors

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Javiera Medina Reza

Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity…more

Compliance, Employee Benefits, Employee Rights, Enforcement, Labor Departments

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Michael Roaldi

New Jersey Court Rules Individual Can Be Criminally Prosecuted for Taking Confidential Information to Support Civil Whistleblower Claims

In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit. However, this past December, in State of New Jersey v. Ivonne Saavedra, the…more

Confidential Information, Personally Identifiable Information, Property Theft, Public Employees, Qualified Privilege

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Rogelio Alanis Robles

New Immigration Procedures to Obtain Work Visas for Foreign Nationals Working in Mexico

In November 2012, Mexico's National Migration Institute ("INM" for "Instituto Nacional de Migración") issued new regulations and guidance to implement immigration laws that were enacted in May 2011. These regulations…more

Foreign Nationals, Immigration Procedures, National Migration Institute, Temporary Residence Cards, Work Visas

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Rebecca Roche

Virginia Supreme Court Reverses Dismissal of Non-Compete Case, Emphasizing Need for Case-by-Case Analysis

In Assurance Data, Inc. v. John Malyevac, No. 121989 (Sept. 12, 2013), the Supreme Court of Virginia held that the Fairfax County Circuit Court had been too quick to rule on the enforceability of a covenant not to compete,…more

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Joshua Roffman

OFCCP Publishes Additional Information Related to its New Protected Veterans and Disability Regulations

As new regulations from the Office of Federal Contract Compliance Programs (OFCCP) go into effect, the OFCCP has released guidance and materials to help covered contractors comply with the new requirements. The new resources…more

Benchmarks, Disability, Federal Contractors, Hiring & Firing, OFCCP

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Andrew B. Rogers

Virginia Recognizes Individual Liability for Wrongful Discharge

In VanBuren v. Grubb, No. 120348 (Nov. 1, 2012), a sharply divided Supreme Court of Virginia surprised employers by holding that a common law tort action for wrongful discharge in violation of public policy may be brought…more

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Keith Rosenblatt

New Jersey Decision Offers Cautionary Tale to Employers Regarding How Courts May Interpret Whether Employee’s Release is Knowing and Voluntary

On August 26, 2013, the New Jersey Appellate Division reversed a grant of summary judgment to an employer upon concluding, based on little more than the plaintiff’s self-serving statements, that its former employee’s detailed…more

Employer Liability Issues, Release Agreements, Summary Judgment

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Stephen Rosenberg

Connecticut's Governor Vetoes Restrictive Non-Compete Bill Due to Lack of Clarity

On Friday, July 12, 2013, Connecticut's Governor Dannel P. Malloy vetoed a bill that would have restricted the use of non-compete agreements in the context of mergers and acquisitions. The proposed bill, "An Act Concerning…more

Acquisitions, Dannel Malloy, Legislative Vetoes, Mergers, Non-Compete Agreements

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Sarah Ross

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Adam Roth

Court Finds Sham Litigation Violates Secondary Boycott Provisions of NLRA, But NLRA Prohibitions Do Not Apply to Worker Centers

On August 26, 2013, in Waugh Chapel South, LLC v. UFCW (4th Cir. 2013), the U.S. Court of Appeals for the Fourth Circuit delivered a victory, in part, to employers and, in part, to labor. In its decision, the Fourth Circuit…more

Frivolous Lawsuits, NLRA, Sham Litigation Exception, Unions

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Jessica Rothenberg

San Francisco Adopts Ordinance That Prohibits Caregiver Discrimination and Provides Flexible Work Arrangements for Caregivers

San Francisco recently adopted the “Family Friendly Workplace Ordinance,” which prohibits caregiver discrimination and gives employees a right to request “flexible” or “predictable working arrangements” to assist employees with…more

Adverse Employment Action, Caregivers, Discrimination, Employee Rights, Flexible Work Arrangements

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Matthew Ruggles

New Compliance Obligations for 2014: Fewer New Laws, But Important Changes for Employers

As always, the new year brings a host of new laws that are the product of our state and federal legislatures. Although many important changes were made to state and federal laws, 2013 saw a reduction of more than 30% in the…more

DOMA, Employment Policies, Homeless Discrimination, Homeless Issues, Minimum Wage

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Eugene Ryu

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Pamela Salgado

$15.00 Minimum Wage and Mandatory Paid Sick and Safe Leave for Transportation and Hospitality Workers Take Effect in City of SeaTac

Effective January 1, 2014, as a result of an Ordinance passed by the citizens of the City of SeaTac, Washington, certain transportation and hospitality employers in the City must provide their nonsupervisory employees working…more

Employee Rights, Hospitality Industry, Minimum Wage, Paid Leave, Public Employees

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Geida Sanlate

Brazil's New Anti-Corruption Law: What Every Multinational Employer Should Know

On August 1, 2013, Brazil enacted Law 12.846, a new anti-corruption law that establishes a comprehensive system of corporate and individual liability for acts of corruption against Brazilian and foreign public officials or…more

Anti-Corruption, Compliance, Employer Liability Issues, Multinationals, New Legislation

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Eric A. Savage

Can SOX Go Overseas? The Debate Continues

The continuing controversy over whether retaliation claims under the Sarbanes-Oxley Act ("SOX") cover activities outside the United States continues to play out in the courts and administrative bodies. The two leading cases in…more

Foreign Jurisdictions, Mail Fraud, Multinationals, OSHA, Sarbanes-Oxley

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Mónica Schiaffino

Salarios Mínimos Estarán Vigentes en México en Zonas Geográficas "A" y "B" en el Año 2014

El 18 de diciembre de 2013, la Comisión Nacional de los Salarios Mínimos (CONASAMI) acordó otorgar un aumento general a los salarios mínimos de las dos áreas geográficas para el 2014 de 3.9%. El incremento en los salarios…more

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Jennifer Schilling

Illinois Firearm Concealed Carry Act – Are You Ready?

The wheels are in motion and soon the Illinois Firearm Concealed Carry Act will take flight. The law allows licensed individuals to carry concealed or partially concealed firearms on their persons and in their vehicles. …more

Concealed Carry Permit, Concealed Weapons, Firearms, Gun Laws

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Jean Schmidt

Revised New York City Earned Sick Time Act Effective on April 1, 2014

In a March 17 press conference, New York Mayor Bill de Blasio announced that later this week he will sign into law two bills that significantly expand the provisions of the New York City Earned Sick Time Act (Act). The Act,…more

Employee Rights, Paid Leave, Sick Leave

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Ilyse Schuman

IRS Final Rule Partially Delays ACA Employer Shared Responsibility Requirement

On January 10, 2014, the Internal Revenue Service (IRS) released final regulations governing the employer shared responsibility provisions of the Affordable Care Act (ACA). The final rule addresses application of the so-called…more

Employee Definition, Full-Time Employees, IRS, Part-Time Employees, Pay or Play

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Daniela Sedes

Brazil's New Anti-Corruption Law: What Every Multinational Employer Should Know

On August 1, 2013, Brazil enacted Law 12.846, a new anti-corruption law that establishes a comprehensive system of corporate and individual liability for acts of corruption against Brazilian and foreign public officials or…more

Anti-Corruption, Compliance, Employer Liability Issues, Multinationals, New Legislation

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Jeffrey Seidle

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Breanne M. Sheetz

Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers…more

Caregivers, Companionship Exemptions, DOL, Employee Benefits, Employee Rights

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Meredith Shoop

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, EEOC, Employee Rights

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Kathryn Siegel

Illinois Supreme Court Strikes Down Prohibition on Non-Consensual Audio Recordings, Raising New Issues for Employers

Illinois employers had been able to rely upon Illinois' prohibition against all non-consensual recording of conversations, whether private or not. As of March 20, 2014, that prohibition no longer exists…more

Audio Recording, Surveillance

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William Simmons

Fair Credit Reporting Act Amendment Offers Important Protections From Lawsuits Targeting Background Check Programs

In This Issue: - Summary Of FCRA Obligations On Employers That Use Consumer Reports For Employment Purposes - Potential Liability For FCRA Non-Compliance And The Growing Wave Of FCRA Class Action - FACTA’s…more

Compliance, Criminal Background Checks, FATCA, FCRA, Investigations

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Ashley Sims

District of Columbia Greatly Expands Paid Sick Leave Coverage, Enforcement, and Penalties with Amendments to the Accrued Sick and Safe Leave Act

The District of Columbia is poised to implement sweeping new amendments to the Accrued Sick and Safe Leave Act of 2008. The amendment, entitled the Earned Sick and Safe Leave Amendment Act of 2013 (the "Act"), has been signed…more

Compliance, Employee Benefits, Paid Leave, Sick Leave, Unpaid Leave

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Glenn Smith

NLRB Overturns 50-Year-Old Precedent in Latest Decision on Dues-Checkoff Provision

In WKYC-TV, 359 NLRB No. 30 (Dec. 12, 2012), the National Labor Relations Board effectively overturned 50 years of precedent by holding that, like most other terms and conditions of employment, an employer's obligation to check…more

Collective Bargaining, Dues Checkoff, NLRB, Union Dues, Unions

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Terri Solomon

New York, Unemployment, and Severance Agreements

Before offering severance to a departing employee, New York employers should be aware of recent changes to the New York unemployment insurance law. These changes may affect both the timing and language of the severance…more

Severance Agreements, Unemployment Insurance

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Amber Spataro

New Jersey Employers Face New Pregnancy Accommodation Requirements

On January 21, 2014, New Jersey Governor Chris Christie signed the Pregnant Worker’s Fairness Act (PWFA) after nearly unanimous support in the State Assembly and Senate. The PWFA, which took effect immediately, applies to all…more

Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Angelo Spinola

Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers…more

Caregivers, Companionship Exemptions, DOL, Employee Benefits, Employee Rights

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Daniel Srsic

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, ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co.

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Don Stait

Oregon Becomes the First State to Require Bereavement Leave

Effective January 1, 2014, Oregon will become the first state to require certain private sector employers to provide bereavement leave to their covered employees. The new law amends the Oregon Family Leave Act (OFLA) and…more

Bereavement Leave, Employee Rights, Employer Mandates, Family Members, Unpaid Leave

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Wesley Stockard

Supreme Court Holds Federal Law Preempts State Law Allowing Litigation Over Proceeds of Federal Life Insurance Policy

Recently, in Hillman v. Maretta, the Supreme Court of the United States affirmed a Virginia Supreme Court ruling that held that federal law preempts a state law that allowed a deceased federal employee’s spouse to sue a former…more

Beneficiaries, FEGLIA, Life Insurance, Preemption, SCOTUS

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Bradley Strawn

Second Circuit Rejects FLSA Gap Time Claims and Explores FLSA Pleading Requirements

In Lundy v. Catholic Health System of Long Island, Inc., 2013 U.S. App. LEXIS 4316 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals recently held for the first time that the Fair Labor Standards Act (FLSA) does not…more

FLSA, Gap Time, Over-Time, Pleadings, Supplemental Jurisdiction

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Kellie Tabor

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, EEOC, Employee Rights

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Daniel L. Thieme

Recommendations in Response to the EEOC’s New Lawsuit on Severance Agreements

On February 7, 2014, the Chicago District Office of the Equal Employment Opportunity Commission brought suit in the U.S. District Court for the Northern District of Illinois against CVS Pharmacy, Inc., claiming that a severance…more

ADEA, Corporate Counsel, CVS, EEOC, Kodak

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Michelle P. Thomas

A Guide to Employee Benefits Administration and Leaves of Absence

Laws Providing Leaves of Absence - Family and Medical Leave Act (FMLA) - The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious health…more

ADA, COBRA, EAP, EPCRS, ERISA

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Tanja Thompson

Contrary to Union's Argument, NLRB Finds Jurisdiction Over Nonprofit Corporation Operating Charter School in Chicago

In Chicago Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41 (Dec. 14, 2012), the National Labor Relations Board ("the Board" or "NLRB") rejected the position of a teachers' union and found that it had…more

Charter Schools, NLRB, Unions

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William E. Trachman

Tenth Circuit Rules in Favor of Religious For-Profit Corporations in Birth Control Litigation under the Affordable Care Act

In Hobby Lobby Stores, Inc. et al. v. Sebelius, et al.,1 an en banc panel of the U.S. Court of Appeals for the Tenth Circuit held that Hobby Lobby Stores Inc. and Mardel Inc., two for-profit corporations owned and operated by a…more

Affordable Care Act, Contraceptives, Employee Benefits, ERISA, FDA

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Sherry Travers

The Flurry of New Employment Laws Regulating the Use of Criminal Records Continues with Expanded Restrictions in Indiana, North Carolina, Texas, and Buffalo, New York

The public policy interests supporting employment-related protections for ex-offenders, including encouraging ex-offenders to reenter the workforce, are detailed in the updated EEOC Enforcement Guidance, titled “Consideration of…more

Arrest and Conviction Records, Background Checks, Criminal Background Checks, Criminal Records, Expungement

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Adam-Paul John Tuzzo

Wisconsin Adopts Password Protection Law

Wisconsin has become the thirteenth state to enact a law limiting the circumstances under which employers may request or require access to the personal internet accounts of applicants and employees. The 2013 Wisconsin Act 208,…more

Disclosure, Employee Rights, Employer Liability Issues, Exclusions, Internet Privacy Protection Acts

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Emily Tyler

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, EEOC, Employee Rights

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Michelle Valerio

Current Immigration Consequences of the Government Shutdown

With the federal government shutdown now a reality, employers should be aware of the immigration consequences. The following outlines how the government shutdown is affecting the operations at agencies that process…more

DHS, DOL, E-Verify, Government Shutdown, Social Security Adminstration

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Juan Carlos Varela

Brazil's New Anti-Corruption Law: What Every Multinational Employer Should Know

On August 1, 2013, Brazil enacted Law 12.846, a new anti-corruption law that establishes a comprehensive system of corporate and individual liability for acts of corruption against Brazilian and foreign public officials or…more

Anti-Corruption, Compliance, Employer Liability Issues, Multinationals, New Legislation

See All Updates »

Denise Visconti

The Supreme Court Clarifies Who Is a Supervisor Under Title VII

In a 5-4 decision, the U.S. Supreme Court decided what the definition of a "supervisor" is for purposes of assessing liability for unlawful harassment under Title VII. The Court ruled that an employer will be vicariously liable…more

Discrimination, Hiring & Firing, Hostile Environment, Racial Discrimination, SCOTUS

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Helene Wasserman

'Tis the Season - For Potential Employer Liability

The holiday season is upon us – a time when many companies (and/or managers) may be organizing holiday parties, decorating offices, throwing off-site parties or holding secret gift exchanges among coworkers. Many employers,…more

Employer Liability Issues, Holiday Parties, Holidays

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Joshua Waxman

The Federal Enclave Doctrine: A Potentially Powerful Defense to State Employment Laws

The U.S. Constitution provides that the federal government has exclusive legislative rights over certain federal territories – such as military bases, courthouses, and other official properties – if a state consents to the…more

Class Action, Federal Enclave Doctrine, Federal Jurisdiction, Preemption, Removal

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A. Michael Weber

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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Jill Weimer

OSHA Issues New Rule for Food Safety Whistleblowers

Effective Thursday, February 13, 2014, the U.S. Occupational Safety and Health Administration (OSHA) published a final rule governing the agency's future handling of whistleblower complaints under Section 402 of the FDA Food…more

FDA, Food Safety, FSMA, OSHA, Whistleblowers

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David Weiner

IRS Issues Proposed Rule on ACA Play or Pay Requirements

Full implementation of healthcare reform under the Affordable Care Act (ACA) is less than a year away. The most important aspect of the new system for employers is the "employer shared responsibility" or "play or pay"…more

Affordable Care Act, Full-Time Employees, Pay or Play, Shared Responsibility Rule

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Joe Weiner

Minnesota Legislature Modifies Whistleblower Statute

On May 24, 2013, Minnesota Governor Mark Dayton signed into law a bill that the plaintiff's bar is likely to argue expands the scope of whistleblower protections for both public and private sector employees under the Minnesota…more

Good Faith, Investigations, New Legislation, Retaliation, Whistleblowers

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Paul D. Weiner

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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

See All Updates »

William Weissman

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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

See All Updates »

Amy Ryder Wentz

Workplace Injuries: Intentional Tort Claims in Ohio Are (Nearly) Dead in the Water

The Ohio Supreme Court delivered another blow to injured workers who attempt to skirt Ohio's workers' compensation system by pursuing a remedy for their injuries in court. On the heels of another opinion1 narrowly interpreting…more

Appeals, Intent, Intentional Torts, Workplace Injury

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Judith Wethall

The IRS Formal Guidance Recognizing Same-Sex Marriages Has Benefit and Payroll Implications for Employers

After months of speculation, on August 29, 2013, the Internal Revenue Service published formal guidance on the treatment of same-sex spouses under the Internal Revenue Code. In Revenue Ruling 2013-17, the IRS confirmed that a…more

Civil Unions, Compliance, DOMA, Employee Benefits, IRS

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Lavanga Wijekoon

More CNIL Guidance for Multinationals Seeking to Comply with SOX & Dodd-Frank

United States employers operating in France often face a dilemma. While they may be bound by the whistleblowing requirements of the Sarbanes-Oxley Act ("SOX") and its Dodd-Frank amendments,1 they also are bound by the data…more

CNIL, Dodd-Frank, Multinationals, Sarbanes-Oxley, Whistleblowers

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Carole Wilder

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, FLSA, Healthcare, Healthcare Professionals, Independent Contractors

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David Wirtz

New York City Law Provides Reasonable Accommodation for Pregnancy, Childbirth, and Related Conditions

On October 2, 2013, Mayor Michael Bloomberg signed into law an amendment to the New York City Human Rights Law (NYCHRL) that requires employers with four or more employees to provide reasonable accommodations for pregnancy,…more

Discrimination, Local Ordinance, Municipalities, NYCHRL, Pregnancy Discrimination

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Adam Wit

New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions

In a decision that may significantly impact certification and decertification decisions in FLSA collective actions, a three-judge panel of the Seventh Circuit Court of Appeals upheld the decertification of a Rule 23 class and…more

Back Pay, Class Action, Class Certification, Class Representatives, Damages

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Alexa Woerner

Through the Lens of Concepcion: California Supreme Court Revisits the Validity of Agreements Requiring Employee Waiver of Wage Claim Administrative Processes

Almost one year after the U.S. Supreme Court summarily vacated the original 2011 Sonic-Calabasas opinion (Sonic I), the California Supreme Court issued its opinion on remand in Sonic-Calabasas A, Inc. v. Moreno (Sonic II)…more

Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, Federal Arbitration Act, Unconscionable Contracts

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Robert Wolff

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Jennie Woltz

New York City Employers Face Tougher Disability Accommodation Standards

In Romanello v. Intesa Sanpaolo, S.p.A., the New York Court of Appeals adopted the broad reading of an employer’s duty to accommodate a disabled employee under the New York City Human Rights Law (City HRL), as initially set…more

ADA, Disability, Disability Discrimination, Discrimination, Employee Rights

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Aida Wondwessen

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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George R. Wood

Eighth Circuit Rules that Termination of Employment Can Be a Proper Reinstatement Under the Uniformed Services Employment and Reemployment Rights Act

In Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012), the U.S. Court of Appeals for the Eighth Circuit ruled that reinstatement under the Uniformed Services Employment and Reemployment Rights Act…more

DOL, Reinstatement, USERRA, Veterans

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Lauren Woon

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Huan Xiong

Revised New York City Earned Sick Time Act Effective on April 1, 2014

In a March 17 press conference, New York Mayor Bill de Blasio announced that later this week he will sign into law two bills that significantly expand the provisions of the New York City Earned Sick Time Act (Act). The Act,…more

Employee Rights, Paid Leave, Sick Leave

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Bruce Young

Nevada is the Latest State to Restrict the Use of Credit Reports for Employment Purposes

On May 25, 2013, Nevada Governor Brian Sandoval signed a new law making Nevada the third state in the last 12 months to enact legislation restricting use by employers of credit reports and other credit history information for…more

Credit Reports, Hiring & Firing, Job Applicants, New Legislation

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Kimberly Zabroski

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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Ethan Zelizer

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

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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Russell R. Zimmerer

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, FMLA, FMLA Abuse, Interference Claims

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Carly J. Zuba

Viva [FMLA Family Care Leave in] Las Vegas

The Seventh Circuit recently decided that a former employee's travel with her terminally ill mother to Las Vegas could be considered protected "family care" leave under the Family and Medical Leave Act (FMLA). In Ballard v…more

Caregivers, Compliance, Employee Rights, Family Members, FMLA

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