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Germany: Update on the European Supply Chain Directive

On March 15, 2024, the EU member states voted in favor of the European Supply Chain Directive (Corporate Sustainability Due Diligence Directive – CSDDD) in the EU Committee of Permanent Representatives (COREPER) after a long back-and-forth. The vote, originally scheduled for February 9, 2024, had been initially canceled and postponed indefinitely. The reason for this was that numerous member states – including Germany – had already announced their abstention from the vote in advance. The final version of the directive is less burdensome for companies compared to the previous draft.




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Are employers required to conduct human rights due diligence in their global operations?

Are employers required to conduct human rights due diligence in their global operations?

The scope and scale of many employers’ global operations and their global supply chains are expanding. This expansion has led to a greater focus on the risk of corporate human rights abuses such as forced labor, child labor, and other forms of modern slavery.




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

  • The E.U. significantly advanced draft legislation requiring certain global employers to engage in wide-ranging human rights due diligence.
  • The scope of the law covers both E.U. and non-E.U. companies.
  • The draft law is expected to pass this summer, triggering E.U. Member States’ obligations to transpose it into local law. 




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EU Parliament Votes in Favor of the European Supply Chain Due Diligence Directive (CSDDD)

On Wednesday, April 24, 2024, the EU member states in the EU Parliament voted in favor of the European Supply Chain Directive (Corporate Sustainability Due Diligence Directive – CSDDD). This is one of the final steps in a long legislative process. The vote had been delayed several times at the beginning of the year because some EU member states—including Germany—had announced that they would vote against the directive. The planned liability regime of the directive was a particular point of contention.

Content and scope




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New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16

Lavanga V. Wijekoon and Emily Linn examine a new Illinois law (SB 1782) that enhances restrictions on the employment of minors and imposes certain new civil and criminal penalties on violating employers.

SHRM

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Data Security, Actual AI and Law’s Acceptance of Tech Spell the New Forefront of Law

Zev Eigen considers artificial intelligence and predictive coding to be tools in making better informed hiring decisions. 

Corporate Counsel

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Are You Buying a Lawsuit with ‘Big Data’? HR Must Ask the Right Questions

During a presentation at the 2017 SHRM Employment Law and Legislative Conference, Marko Mrkonich, Zev Eigen and Corinn Jackson discussed the risks employers face when using data analytics.

HR Daily Advisor

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HR Should Understand the Risks and Rewards of Using Data Analytics

Zev Eigen and Marko Mrkonich explore the benefits and potential risks of using data analytics to augment HR decision-making processes.

SHRM Online

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Using Data to Help Close the Gender Wage Gap

Zev Eigen discusses how employers can utilize Big Data to help close the gender wage gap in their organizations.

SHRM Online

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Playing the numbers game: 21st Century law will be based on math and data analytics

Zev Eigen comments on the increasing importance and role of data analytics in the legal industry.

Financial Post

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Opinion: Using Analytics to Close the Gender Pay Gap

Zev Eigen recommends that organizations regularly analyze data and policies to avoid compensation gaps between men and women.

Information Management

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Can Data Solve Employers' Compensation Headache?

Zev Eigen comments on the value of data in making decisions on compensation.

HR Dive

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Unlocking the Power of Relational Data to Improve Collaboration

Zev Eigen authored an article covering the data science revolution in HR, as well as tools readily available to employers.

The Lawyer's Daily

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Three Ways Data Can Improve Legal Operations

Scott Forman authored this article regarding big data, benchmarking, predictive modeling and trendspotting.

Today's General Counsel

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Littler Expands Pay Equity Audit Capabilities with New Offering

The Littler Pay Equity Assessment™ Provides Enhanced Data Analytics to Help Employers Assess Risk and Proactively Identify Solutions




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4 Places BigLaw Is Putting Its Tech Budget Dollars

Scott Rechtschaffen talks about cybersecurity enhancements and the importance of investing in technology. 

Law360

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What's Next: Decrypting Iran | Phone Frisking | Legal Meltdown

Aaron Crews suggests how data could change business law.

Law.com

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Massachusetts Attorney General Publishes Long-Anticipated Guidance on the Revised Pay Equity Law

The Massachusetts Attorney General has recently published an Overview and Frequently Asked Questions (the “Overview”) regarding the amendment to the Massachusetts Equal Pay Act, set to take effect on July 1, 2018.  The Overview answers many questions that employers have been asking about this wide-ranging new law.  The Overview also confirms the importance of an employer self-evaluation, offering some direction on what types of evaluations are appropriate, and explaining how it could protect a company from liability under the law.

The New Equal Pay Act




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In Their Words | Using Analytics and AI in Legal Practice

Lee Schreter discusses the impact of artificial intelligence and data analytics on the practice of law. 

Georgia State News

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Solving HR's Midlife Crisis: Using Human Skills to Lead Change

Aaron Crews is quoted regarding technology’s role in HR. 

HR Dive

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Littler Mendelson Takes Aim at Pay Inequity with New Software

Aaron Crews explains Littler's Pay Equity Assessment Tool.

Employee Benefit News

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Littler Survey Finds Employers Reeling from Regulatory Shifts and New Forces Impacting the Workplace

Seventh annual survey of more than 1,100 employers reveals how companies are responding to rapid social and political changes




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Bloomberg Law’s VIDEO Coverage of the 2018 Littler Executive Employer Conference

Bloomberg Law’s® Daily Labor Report® news team at the Littler Executive Employer® Conference interviewed panelists about a broad spectrum of employment and labor topics addressing significant developments, emerging trends and challenges facing in-house counsel, employee relations professionals and human resources executives.




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Companies Are Warned About Compliance 'Minefields' for Pay Equity

Denise Visconti and Allan King urge employers to be vigilant regarding pay equity issues.

The National Law Journal

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Is your recruitment team ready for AI?

Aaron Crews discusses efficient ways to use AI in the workplace.

HR Dive

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Littler and Prime Policy Group Release Joint Report on the Impact of AI and Automation on the American Workforce

Report Explores the Myriad Issues Related to Technology-Induced Displacement of Employees (TIDE)




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Good Data Is The Foundation For Data-Driven People Management

Aaron Crews authored this article on how planning can help HR leverage big data and analytics to improve hiring, training and retention.

HR Technologist

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In the Rush to Big Data, Don't Ignore the Legal Risks

Aaron Crews and Marko Mrkonich co-authored this article that breaks down big data and explains how it can be used in the workplace.

TLNT

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D&I Hits Its Stride

Aaron Crews discusses how employers are using data to move diversity and inclusion programs forward.

Human Resource Executive

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The Future of Knowledge Management in Law Firms - The Answer is Out There

Scott Rechtschaffen authored this article on the future of knowledge management in law firms.

CIO Review

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Some law schools offer tech programs to help students find jobs, but does it work?

Jason Dirkx and Scott Rechtschaffen consider the intersection of technology and law degrees. 

ABA Journal

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Enhancing the “Human” in “Human Resources” – How AI Can Unlock Talent and Eliminate Bias

In this podcast, Aaron Crews, Littler’s Chief Data Analytics Officer, discusses potential uses for AI in supporting HR decisionmaking with Athena Karp, the CEO and cofounder of HiredScore. They explore ways that technology – such as explainable algorithms – can serve employers by improving the effectiveness and transparency of processes for companies and other stakeholders, including candidates. They also address how organizations can structure, validate and verify their data and data training to prevent bias from sneaking into AI-driven analysis.
 




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Littler Survey Finds Employers Responding to Robust Federal Enforcement, Active State Legislatures and Ongoing #MeToo Movement

Eighth annual survey of more than 1,300 employers finds HR and business leaders grappling with increasingly complex compliance challenges, focused on preventing workplace harassment and pay inequality




d

Law firms are developing their own tools and software to better serve clients

Scott Rechtschaffen suggests law firms interested in building and selling technology products should become more nimble. 

ABA Journal

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d

What Should Employers Do About the California Consumer Privacy Act?

Philip Gordon suggests steps that employers should take in response to the privacy act.

SHRM Online

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Synthetic Reality & Deep Fakes: Considerations for Employers and Implications of the Rise of Deep Fakes in the Workplace

In an age where computer generated imagery (CGI) and digital effects enable entire film genres to exist, like Marvel’s superhero series the Avengers or Guardians of the Galaxy, audiences have no expectation that movies they consume depict actual events or reflect reality. It is therefore reasonable to assume that the context and forum of how digital media and information is communicated, observed and consumed informs our default expectations of it.




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Digitization of the Workplace: The Impact of AI and Automation on the American Workforce

In this podcast, Aaron Crews, Littler’s Chief Data Analytics Officer, Natalie Pierce, co-chair of Littler’s Robotics, AI and Automation Practice Group and Diversity and Inclusion Council and Garry Mathiason, co-chair of Littler’s Robotics, AI and Automation Practice Group discuss what impact AI and automation will have on employers in the future.
 




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Navigating Change and Building a Workforce for Tomorrow

Natalie Pierce, co-chair of Littler's Robotics, Artificial Intelligence, and Automation practice group, and Debra Kadner, machine learning expert and cofounder of Eskalera, discuss the framework for helping employers build their workforces for the future.
 




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Littler’s Chief Knowledge Officer and Cornell Law Students Discuss How Hands-on Tech Training Enhances the Practice of Law

In this podcast, Littler’s Chief Knowledge Officer, Scott Rechtschaffen, talks with his Cornell Law School students about the potential for lawyers to use software to develop practical tools for the delivery of legal services. During their semester, the students experienced how to take their growing knowledge of the law, identify a problem, coordinate with subject matter and technical experts, and create a legal app designed to assist users, who might be either clients or fellow attorneys.




d

Workplace Litigation: Why US Employers Are Turning to Data

Aaron Crews describes the use of data in determining liability and building arguments in wage and hour lawsuits.

Financial Times

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d

Why the Legal Technologist Career Path Presents Both Opportunity and Danger

Aaron Crews describes the various duties of legal technologists.

Legaltech News

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d

How AI Will Make Global Supply Chains Smarter, and Alter the Employment Landscape in a Post-Pandemic World

Mickey Chichester and Natalie Pierce examine how companies may turn to AI and robotics to mitigate disruption and some of the employment implications of such initiatives.

Supply Chain Toolbox

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d

Legal Tech’s Predictions for Business of Law and ALSPs in 2021

Scott Forman explains how firms must adopt integrated technology in order to operate collectively.

LegalTech News

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d

NLRB Rescinds 2020 “Election Protection Rule”

  • The NLRB has rescinded its April 1, 2020 election rule on blocking charges, voluntary recognition and construction industry bargaining relationships.
  • The Board’s action eliminates safeguards on the use of blocking charges, removes the 45-day window for employees to challenge an employer’s voluntary recognition of a union and lowers the bar for unionizing in the construction industry.




d

Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

  • The Third Circuit agreed with the lower court that a preliminary injunction was not warranted to block New Jersey’s Temporary Workers Bill of Rights (the “Bill of Rights”) in a challenge by industry groups.
  • The appellate court ruled that the Bill of Rights does not unlawfully burden out-of-state businesses or exceed the state’s police power, and is not unlawfully vague.




d

Ontario, Canada Appeal Court Finds Aggravated Damages Award Can Be Made Without Medical Evidence of Diagnosable Psychological Injury

  • Court of Appeal for Ontario allowed aggravated damages for an employer’s bad-faith conduct during an employee’s dismissal in the absence of medical evidence identifying a diagnosable psychological injury.
  • Court also found medical expert testimony is not required to show an employee is physically incapable of mitigating damages during the reasonable notice period.




d

New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16

  • Illinois has enacted the Child Labor Law of 2024, which enhances restrictions on the employment of minors in the state, and creates new employer obligations.
  • The new law includes civil and criminal penalties for violations.




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Cross-Border Legal Perspectives: Comparing the UK and Germany's Approaches to Unfair Dismissal

Welcome to our new bi-monthly series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with these issues every day.

The first article in our series compares the new UK Government’s proposed changes to unfair dismissal protection with the law in Germany to see if there are any lessons that can be learned for UK employers from Continental Europe.

What’s to come in the UK?




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(Allegedly) Criminal Employees: How to Handle the Related HR Issues in the UK

How should an employer respond when an employee is accused, charged, or convicted of a crime?

Fortunately, this is not a day-to-day issue that HR teams tend to deal with, but when it does arise, it can raise complex employment law issues and employers may have a PR crisis on their hands.




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New Brazil Pay Transparency Report Is Due by the End of September 2024

  • Companies with more than 100 employees in Brazil must post their pay transparency report by September 30, 2024.
  • This will be the second report since the law and its regulations went into effect earlier this year.
  • Regulations to implement Brazil’s law requiring the pay transparency report and action plan have been heavily criticized in the business community.