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Canada: SCC Decision Offers Potential Insight into Privacy Rights for Private-Sector Employees

In a significant decision focused on public employers, the Supreme Court of Canada (SCC) recently held that Ontario public school boards are “government” and, as such, they are subject to the provisions of the Canadian Charter of Rights and Freedoms (Charter), and their teachers are protected from unreasonable search and seizure in their places of employment. In York Region District School Board v.




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New Colorado privacy laws to impact “broad swath” of companies

Zoe Argento says more companies are using tools like artificial intelligence that incorporate biometric identifiers, and so new privacy laws are likely to apply to a larger swath of employers than might think they must comply with them. 

The Sum & Substance

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Politics in the Workplace and the Risks of Social Media

  • How employers address employees’ use of social media as a forum to engage on political issues entails a range of considerations.
  • Social media’s potential to reach an outsized audience compared to traditional venues for political discourse may increase the negative effects of controversial political speech in the workplace.




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Mailbag: We rejected a job candidate. When can we delete their information?

David Goldstein discusses how long employers should keep rejected job candidates’ records and says their ATS system for storing those records should be configured to comply with applicable laws.

HR Dive

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The Risks Of Employee Political Discourse On Social Media

Bradford Kelley and James McGehee discuss the potential risks for employers when employees use social  media for political purposes.

Law360

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Private employers should consider this when navigating politics in the workplace

Joycelyn Stevenson shares four key points employers should consider when it comes to politics at work.

Nashville Business Journal

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Important Changes for Businesses in Australia – What Employers Should Know

  • Several new employment law changes in Australia have or will soon become enforceable.
  • Employers may need to review and revise their policies and procedures governing wage theft, the right to disconnect, shut-down notices, privacy, sexual harassment, and independent contractors.




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Cybersecurity Considerations for Employers Sponsoring ERISA Plans

  • Cyber-criminals often steal funds and personal data from employee benefit plans.
  • Employers face increasing liability for failures in cybersecurity of the employee benefit plans they sponsor, including for the security of plan assets and data managed by service providers.
  • The DOL has updated its detailed guidance on cybersecurity for ERISA-covered benefit plans.




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Senate Recesses Without Votes On Biden NLRB Nominees

The Senate recessed, leaving two nominees key to the partisan balance on the National Labor Relations Board in limbo, and Michael Lotito says it’s a sign that their confirmations are not guaranteed.

Law360

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Calif. Becomes Latest To Ban 'Captive Audience' Meetings

Michael Lotito comments on states banning captive audience meetings.

Law360

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Fewer Than Half of Companies Have Policies Governing Employee Use of Generative AI

Marko Mrkonich discusses findings in Littler’s AI C-Suite Survey Report that explains why it’s essential for employers to implement workplace generative AI policies.

Corporate Compliance Insights

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Just 11% of Legal Departments Predict Gen AI Will Be 'Transformative,' As Its Honeymoon Phase Fades

Marko Mrkonich says it’s important for companies to establish their AI compliance framework at the beginning, instead of after employees have already gotten used to deploying AI in certain ways.

Corporate Counsel

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New GC Memo May Rein In 'Stay Or Pay' Schemes

Tyler Sims discusses what General Counsel Jennifer Abruzzo’s tough stance on stay or pay could mean for employers.

Law360 Employment Authority

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Geopolitics, AI adoption, climate risk worrying European firms

Stephan Swinkels, Jan-Ove Becker and Deborah Margolis discuss findings from Littler’s 2024 European Employer Survey Report.

International Employment Lawyer

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AI and Geopolitics Top Concerns for Employers In 2024

Stephan Swinkels discusses key findings in Littler’s 2024 European Employer Survey Report, including AI use and politically charged issues in the workplace.

Law360

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EHRC race discrimination fund supported 27 cases in 2022/23

In light of news that the EHRC legal support scheme funded only 27 race discrimination cases during 2022-23, Philip Cameron and Lisa Cameron say it’s important that legal support schemes continue to support litigants in employment discrimination cases.

Personnel Today

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Economic concerns, AI top list of European employer concerns, study finds

Stephan Swinkels and Deborah Margolis discuss key findings in Littler’s 2024 European Employer Survey Report and what they mean for employers.

The Global Legal Post

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Strikes in the Age of Automation and AI: How HR Can Prepare for the Future

Bradford Kelley talks about how important it is for employers to create effective AI policies.

SHRM

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Nearly 3 in 4 European employers using AI in HR function – but risks a concern

Deborah Margolis talks about the importance of creating effective GenAI policies.

Human Resources Director America

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Day 1 Unfair Dismissal Right Risks Diversity And Justice Aims

Ben Smith discusses a UK proposal to abolish the two-year qualifying period for employees to bring an unfair dismissal claim against their employer.

Law 360

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Employers in Europe struggling to manage political discussions at work

Stephan Swinkels and Jan-Ove Becker discuss workplace issues that European employers are struggling with, including geopolitical events, political debates and LGBTQ+ rights. 

Human Resources Director Asia

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An Accidental Outcome? Alex MacDonald returns to discuss how the NLRA’s success has resulted in fewer unions & what might happen under a new administration in DC

Alex MacDonald discusses his article “The Accidental Success of the NLRA: How a Law About Unions Achieved Its Goals by Giving Us Fewer Unions” on a podcast.

Labor Union News

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Alumni Spotlight — Meet Erin Webber

Erin Webber talks about how her father inspired her future career in labor and employment law and recalls her journey to become the Managing Director of Littler. 

MIZZOU Magazine

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New workers' rights 'to cost firms £5bn a year’

Ben Smith says Labour's plans to upgrade workers' rights would create extra red tape for employers. 

BBC

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How A California Intersectionality Law Might Boost Equal Pay

Joy Rosenquist says a new law enshrining the principle of intersectionality in California’s anti-discrimination statutes will have a substantial impact on equal pay litigation.

Law360 Employment Authority

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Right To Disconnect Plan May Erode Firms' Long-Hours Culture

Ben Smith and Maya Beauville say the UK government's softened plan to grant employees the right to disconnect out of hours is unlikely to change the legal sector's entrenched long-hour culture anytime soon.

Law360

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NYC Pet Leave Bill Marks 'Radical Departure' In Sick Time Use

Kelly M. Cardin provides insight about why New York City is expanding its sick leave law to let workers use it to care for pets and service animals.

Law360

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AI in the Workplace: Labor Department Issues Best Practices for Employers

Bradford J. Kelley stresses to employers the importance of implementing safeguards when considering adopting AI technologies.

Thomson Reuters

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German firms not required to pay “to the top” for gender pay gaps

Sabine Vianden discusses the German Pay Transparency Act and how it can help solve the gender pay gap discrepancies in Germany.

International Employment Lawyer

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Texas ABM Ruling Threatens Future of Labor Agency Law Judges

Alex MacDonald says the US Labor Department’s ability to use in-house judges to resolve claims may have to be addressed by the US Supreme Court because circuit splits threaten to limit the judges’ power. 

Bloomberg Law

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How different would Harris, Trump be for HR? 5 areas to watch

Michael Lotito, Jorge Lopez, Jim Paretti and Shannon Meade share their outlooks on the biggest changes that could be coming down the pike for HR after Election Day.

HR Executive

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Six high-stakes employment rules that could tilt on the election

Michael Lotito, Jim Paretti, and Shannon Meade discuss what a new administration will mean for employment law and employers.

American City Business Journals

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US employers warn staff to remain civil to avoid election conflict

Bradford J. Kelley and James McGehee say employees’ controversial posts on social media can damage brand reputations and expose companies to discrimination and harassment claims.

Financial Times

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What A Trump Or Harris Win Means For Stalled Noncompete And Overtime Rules

Jim Paretti and Shannon Meade discuss how the election will affect the fate of overtime and noncompete laws.

Forbes

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Law360 Gives Attys New Tool To Track EEOC Amicus Briefs

Jim Paretti says labor and employment attorneys need to look at amicus briefs because they provide good insight into how the EEOC will view certain things.

Law360 Employment Authority

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What a Trump return would mean for the EEOC

Jim Paretti talks about how the EEOC’s recent work may be affected by the election results.

POLITICO Pro

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Why You Haven’t Heard More About The Minimum Wage This Election Season

Shannon Meade says wage legislation on the hill has consistently failed and stalled in Congress, so states have been stepping up to fill the void.

Forbes

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Labor Department’s Pro-Worker Push Imperiled in Trump’s Return

Jim Paretti says many Biden-era wage and hour and other policies are likely not long for this world under the Trump administration.

Bloomberg Law

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Trump’s Populism Set to Clash With Senate GOP on Labor Nominees

Michael Lotito says to expect clashes between the populist and business-friendly wings of the GOP over Trump’s labor nominations.

Bloomberg Law

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4 employment actions to expect under a second Trump presidency

Michael Lotito, Jorge Lopez, Shannon Meade and Jim Paretti say employers are likely to see immigration raids, agency chair replacements, a slowing in regulatory activity and DEI limitations under the Trump administration.

HR Dive

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Trump's Win Tees Up Big Changes To The EEOC

Jim Paretti says the actions the EEOC embarked on during the first Trump administration offer clear insights as to what to expect in the second go-round.

Law360

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Trump's Second Term Poses Range Of Outcomes For NLRB

Michael Lotito talks about what may happen with NLRB nominations under the Trump administration.

Law360

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GOP Election Wins May Set Stage For Curbing Workplace DEI

Jim Paretti says DEI initiatives under a Republican administration will "be under a lot more scrutiny" and subject to tighter limits.

Law360 Employment Authority

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Prized H-1B Worker Visas Threatened Amid Trump Immigration Plans

Jorge R. Lopez says the Trump administration’s regulatory agenda was stymied by legal battles and a slow transition the first time around, but could move much quicker to implement its immigration priorities in his second administration.

Bloomberg Law

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Contractor Watchdog Under Trump Stands Ready to Police DEI Again

Jim Paretti says the Trump administration’s previous agenda and stance toward IE&D will likely repeat when he returns to office.

Bloomberg Law

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Texas Court to Weigh Overtime Rule With Trump Rescission Looming

While the state of Texas and businesses tries to convince a federal district court that the US DOL went beyond its authority with a rule expanding overtime protections, Jim Paretti says that if employers in Texas continue operating business as usual, they will be doing so at their own risk.

Bloomberg Law

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Few of Workers’ Biggest Gains From Biden Era Are Safe From Trump

Michael Lotito says everything is on the table when it comes to changes the Trump administration will make in American labor.

Bloomberg Law

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Trump’s Chance to Alter Labor Law Turns on NLRB Chair’s Tenure

Michael Lotito says it’s possible that Democratic board members get a pink slip from the Trump administration regardless of whether it’s necessary to create the space for a Republican board majority.

Bloomberg Law

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Labor & Employment Firms Expect Demand Surge as Bosses Face Uncertainty Over Rules Changes

Amidst question marks with the NLRB and workplace regulations because of the new administration, Michael Lotito says employers should consult their counsel about preventative steps.

The American Lawyer

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3 GOP States Join Paid Sick Leave Movement, Passing Ballot Measures by Wide Margin

Shannon Meade says Democrats and Republicans both want to make progress on paid leave, but no one is sure whether a national paid leave program will be among their priorities.

Corporate Counsel

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