Peter Petesch discusses several key considerations for employers considering role reassignment as an accommodation – most notably, that reassignment should always be an option during the accommodation process.

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On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S.

Lisa Shevlin and Cristin Casey review Oregon’s leave laws and offer some suggested strategies to help employers maintain compliance.

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Following Disability Pride Month, we look to the past, present and future to examine how rights for people with disabilities in the workplace have developed in the UK and could develop further, before giving some practical steps for employers.

A brief history of disability laws

After the UK general election was announced, the following legislation was approved by Parliament during what is known as 'the wash-up' period towards the end of May 2024. Some of these require further regulations to bring them into force, and when (or if) they will be brought into force will be largely dependent upon the new government’s priorities and policies. 

Paternity Leave (Bereavement) Act 2024

UPDATE: On August 21, 2024, the Attorney General and State of Michigan asked the Michigan Supreme Court to clarify – no later than September 15, 2024 – various rulings in its July 31, 2024 decision, e.g.: 1) How the state should calculate CPI adjustments for the preset minimum wage rates in 2025 through 2028; 2) Whether, aside from in 2025, future minimum wage rates will take effect on February 21 or January 1; and 3) Whether the court intended to have the minimum cash wage increase from 80% (2028) to 100% (2029) rather than 80% (2028), 90%

If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be entitled to leave under the Oregon Family Medical Leave Act (“OFLA”), Oregon Sick Time law (“OSTL”), and the federal Family Medical Leave Act (“FMLA”).

Jeff Nowak says it may be better for companies to add flexibility to existing leave of absence and disability accommodations for employees, rather than create standalone categories.

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Kristy Peters shares her legal insight on recent changes in labor and employment laws.

Greater Phoenix In Business Magazine

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Sophie Vanhegan says employers must continue to shift culture and workplace dynamics to encourage greater awareness of and support for mental health matters. 

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Jeff Nowak says it is better for companies to add flexibility to employees’ existing leave, rather than create standalone categories and risk creating an atmosphere of exclusion for some employees with different life situations.

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Effective June 19, 2024, New York employers will be required to provide up to 30 minutes of paid lactation breaks to employees each time an employee has a reasonable need to express breast milk at work. This change to New York Labor Law Section 206-c is set forth in Bill No. A08806C, part of the New York State budget bill, which Governor Kathy Hochul signed into law on April 19, 2024. Specifically, amended Section 206-c provides:

The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently posted updates to its website regarding minimum wage obligations, paid leave and paid sick and safe leave, new fair work week thresholds, and updated required labor notices. The compliance deadline for these obligations is July 1, 2024.

Last fall, California enacted Senate Bill 525, which substantially raises the base minimum wage for health care workers over time to $25 per hour.  The first incremental increase above the general state minimum wage was scheduled to occur on June 1, 2024.  However, there were several delays and amendments to the law due to its impact on the California budget.  After the last delay in late June, health care employers did not have a clear answer t

On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it effective immediately.

This article was originally posted in International Employment Lawyer.

On August 26, 2024, the U.S. District Court for the District of Maryland decided in Teamsters Local Union No. 355 v. Total Distribution Services, Inc., that the Maryland Economic Stabilization Act (“Maryland WARN Act” or “Act”) does not provide individuals with the right to file suit in their personal capacity to enforce a legal claim under the Act. The Maryland WARN Act still may be enforced by the Maryland Department of Labor.  The Act is based, in part, on its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act, with important differences. 

On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees stemming from an earlier opinion.

On September 10, 2024, the Puerto Rico Secretary of Labor issued an Opinion (No. 2024-02) to clarify and provide additional information about the application of Act No. 27-2024, known as the "Act to Facilitate the Implementation of Remote Work in the Private Sector and to Incentivize the Establishment of Airline Bases in Puerto Rico.” Act No. 27-2024 exempts from certain employment law coverage domiciled and non-domiciled employees working remotely from Puerto Rico for out-of-state employers with no business nexus to Puerto Rico, and certain unionized airline employees.  

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable.

On April 11, 2022, Bill 88, Working for Workers Act, 2022 (Bill 88), received Royal Assent and became law. Among other things, Bill 88 enacted the new Digital Platform Workers’ Rights Act, 2022 (DPWRA).¹ The DWPRA did not come into force upon its enactment. 

New York Governor Kathy Hochul signed a bill on September 4, 2024 that requires retail employers to develop and implement workplace violence prevention training and policies, among other measures.  The law becomes effective 180 days after her signature, or March 3, 2025.

Back in June, we highlighted that, from October 26, 2024, all employers in the UK will have a mandatory duty to take “reasonable steps” to prevent sexual harassment of their employees in the course of their employment.

The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024.

On August 7, 2024, the City of Los Angeles unveiled its “Model Contract” under the Freelance Workers Protections Ordinance (FWPO). This ordinance, which took effect on July 1, 2023, was designed to bolster protections for freelance workers in Los Angeles.

Ensure Compliance with California Labor Code Section 2775 et seq.

Employers that rely on non-compete agreements to protect their trade secrets and other legitimate business interests got some welcome news on August 20.

Trent Sutton and Thelma Akpan explore key reasons why employers in the APAC region should begin to think about pay equity and wage transparency or prepare to implement their own wage transparency initiatives.
 

When President Biden withdrew from the 2024 presidential campaign last month and endorsed Vice President Kamala Harris to be the Democratic Party’s nominee, the move resulted in several historical firsts. It also placed a swift focus on intersectionality and identity politics as tensions mount in the final stretch of the 2024 election cycle.

Littler Principal Cindy-Ann Thomas and her guests, University of North Carolina (Charlotte) Associate Chair of Communications Studies, Professor Debra C. Smith, and Littler Shareholder Bradford Kelley, explore:

Littler’s Anna Curry Gualano is joined by her father, Ashley Curry, to discuss their advocacy work in Alabama to update the traditional accessibility symbol to one that is more inclusive and empowering.
  

In celebration of Pride Month, Littler shareholder Mattheus Stephens and associates Trevor Hardy and Jessica Wimsatt discuss their advocacy work for LGBTQIA+ individuals in their local communities. The group also highlights the importance of how being authentically you and sharing your story can help others find community and feel connected.
  

In continued celebration of Asian American, Native Hawaiian and Pacific Islander Heritage Month, Littler shareholder Alyesha Asghar speaks with associates Alan Persaud and Grace Waddell about their experience in the Leadership Council on Legal Diversity’s Pathfinders Program and the inclusive community of legal professionals they joined by participating.
  

In honor of this year’s Asian American, Native Hawaiian and Pacific Islander Heritage Month theme “Advancing Leaders Through Innovation,” Littler associate Ed Tsui spoke with Littler shareholder, Lavanga Wijekoon, who shared how he has been able to advance his practice at the firm through innovation.
  

This podcast discusses the critical considerations when evaluating whether and how to terminate employees in Asia. Trent Sutton (U.S. qualified lawyer), Soowon Hong (Korean qualified lawyer) and Shiau Sang Tee (Hong Kong and Malaysia qualified lawyer), members of Littler’s APAC Regional Office based in Singapore, set out the general three approaches to terminations across Asia. They explore what grounds are generally defensible (or not) and the variation in the usage of negotiated exits.
 

As February comes to a close, we end our celebration of Black History Month with a podcast featuring Littler attorneys and authors in honor of this year’s theme “African Americans and the Arts.” Littler attorney Karimah Lamar, has a thought-provoking conversation with fellow Littler attorneys Michael Wilder and Tiffany Obeng, who share their journey to becoming published authors and the influence it has had on their careers.
 

Since the United States Supreme Court issued its ruling in Students for Fair Admissions v. Harvard University and the University of North Carolina on June 29, 2023, striking down race-conscious admission processes in higher education, it has sent shock waves throughout the corporate community as business leaders consider the decision’s potential impact on their own diversity, equity & inclusion (DEI) initiatives.

Littler Principal Cindy-Ann Thomas and her guest, Littler Shareholder Kim Carter, explore:

In our final Pro Bono Week podcast, Jenny Schwendemann discusses homelessness, one of the most significant humanitarian challenges many Americans face today, with Director of Ending Youth Homelessness, Katie Meyer Scott, and Pro Bono Director, Carlton Martin, of the National Homelessness Law Center.

Littler has a partnership with a firm client through The Veterans Consortium that is focused on helping veterans. David Haase speaks with Littler attorneys Matthew Hank, Neil Alexander, Don Nguyen, Jake Thorn, and Director of The Veterans Consortium's Discharge Upgrade Program Christie Bhageloe about the work they’ve done through the consortium.  

Emily Linn talks with Breanne Martell about the amicus brief she assisted with to seek justice for a neurodiverse individual, Robert Leslie Roberson, who was convicted of murder based on science that has now been debunked.

Our Littler attorneys demonstrate their pro bono commitment by providing significant pro bono efforts to community organizations. These services cover a variety of areas, depending on the interests of individual attorneys. Overall, the firm values, encourages and respects the community-minded and pro bono efforts of our lawyers and staff.
  

Jenny Schwendemann and Dan Kim share their experience with Lavanga Wijekoon about their collaborative efforts with assisting immigrants from Afghanistan.

Our Littler attorneys demonstrate their pro bono commitment by providing significant pro bono efforts to community organizations. These services cover a variety of areas, depending on the interests of individual attorneys. Overall, the firm values, encourages and respects the community-minded and pro bono efforts of our lawyers and staff.
   

This podcast episode is dedicated to unraveling the complexities of filing an H-1B petition and remaining compliant following an approval.

The H-1B visa program is known for its competitiveness, intricate regulations, and fact-specific nature. Whether you're an employer looking to hire and maintain foreign talent or an H-1B applicant, our podcast explores the common pitfalls and crucial considerations you need to be aware of regarding the H-1B process.

In celebration of Disability Pride Month, Jennifer Duke, Littler Learning Group Director and attorney, talks with Anna Curry Gualano, Littler Principal and co-chair of the firm’s Individuals with Disabilities affinity group, about the importance of disability inclusion and its impact in the workplace for both employers and employees.
  

As May comes to a close, we end our celebration of Asian American Pacific Islander Heritage Month with the second of two podcasts that feature the personal stories of some of our ‘Ohana group attorneys. Littler attorney Brandon Mita has an inspiring conversation with fellow Littler attorneys Nicole LeFave, James Lee, and Urvi Morolia about leading through community service, non-profits and pro bono organizations that make a difference in their communities.
  

In continued celebration of AAPI Heritage Month, Littler's Jennifer Maguire, Sarah Sorensen, and Daniel Kim discuss how their individual experiences in the U.S. Military – as a JAG officer, a military spouse, and an officer – shaped them as leaders, ultimately leading to careers in labor and employment law.
  

In this podcast, attorneys Carissa Tyler and Angel Valverde, members of Littler’s Immigration and Global Mobility Group, discuss alternative employment-based visa options for individuals who were not selected in the initial FY 2024 H-1B registration process (H-1B lottery). The visa categories discussed include H-1B cap exempt petitions, O-1s, L-1s, TNs, and other alternatives for foreign nationals.