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The Department of Labor Establishes New Whistleblower Protocols

On February 19, 2021, the U.S.




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Avoiding Whistleblower Claims In The COVID-19 Era

Jeanine Conley Daves and Alexa Laborda Nelson explain how employers can take steps to ensure they are in compliance with the recent COVID-19 relief plans and avoid potential whistleblower litigation.

Chief Executive

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The Right to Recall: New Obligations for Employers in California and Beyond




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Avoid litigation, loss of trade secrets when employees leave

Joon Hwang advises employers to review and scope the terms of their restrictive covenants and confidentiality agreements to ensure they are well defined to meet their business interests.

Pit & Quarry

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The Anti-Money Laundering Act Expands Whistleblower Protections

The recently enacted Anti-Money Laundering Act significantly increases the potential value of awards for whistleblowers under the Bank Secrecy Act. The challenge for a financial services employer is to establish that discipline against an employee in a compliance role is supported by evidence that the decision was based on the employee's incompetence or other inappropriate behavior, and that any whistleblowing activity he or she engaged in was not a consideration. Philip M. Berkowitz explores the issues in this edition of his Employment Issues column.

 




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7 Dos and Don'ts When an Employee Is at Risk for Self Harm

Terri Solomon talks to HR Dive about how employers can best handle mental health crises in the office.

HR Dive

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FCA and PRA proposals for more intensive monitoring and public reporting of diversity are ground breaking

Natasha Adom discusses proposals from the FCA, PRA and Bank of England that would require financial services firms to provide more detailed monitoring and report of diversity and inclusion. 

IFA Magazine

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Arizona Employers Should Note Expanded State and Local Anti-Bias Laws

Steve Biddle examines the recently expanded Arizona Civil Rights Act (ACRA) as well as new ordinances passed by Arizona cities that expand protected categories and coverage.

SHRM Online

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FCA diversity plans: 'My client said, don't let them know you’re gay’

Natasha Adom discusses measures FCA, PRA and BoE regulators are considering to improve diversity and inclusion in the financial services sector. 

Investment Week

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Internal Disclosures from Compliance Audits –What Could Go Wrong?

Compliance or internal audit departments frequently carry out audits intended to assure that business partners in an organization, such as human resources or legal departments, have in place policies and procedures that are effective for maintaining corporate compliance and consistent with the myriad laws with which the organization must comply, including employment, whistleblower, and anti-bribery and corruption.  These reviews are often not confined to policies but may also seek review of actual compliance events and sensitive contemporaneous records.  For example, in the case of an inte




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4 Things Employers Should Know About the Vaccination Gap

Devjani Mishra discusses employers coming up with COVID-19 safety rules that are appropriate for their own workplace.

Law360 Employment Authority

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Certain California Employers Face Hurdles When Recalling Laid-Off Workers

Michael Lotito and Bruce Sarchet share their thoughts on SB 93, a new California law that requires some employers in the hospitality industry to prioritize recalling workers who were laid off due to COVID-19.

SHRM Online

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Positive discrimination: the case for legal reform

Raoul Parekh and Natasha Adom write in support of updating laws to help give employers more freedom to create the real change that so many want and promote more diversity and equality in workplaces.

The Law Society Gazette

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Texas Expands Protections for Employees Asserting Sexual-Harassment Claims

Michael Royal and Alyssa Peterson discuss two new laws that will bring changes for employers in Texas by expanding protections for employees who assert claims of sexual harassment under the Texas Labor Code.

SHRM Online

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Allyship: An Important Part of the Inclusion, Equity, and Diversity Conversation

Kimberly J. Dowd, Chelsea Lewis and Kameron Miller explain the meaning of “allyship” and how it can be applied in the workplace. 

ACC North Florida

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Can they force you to get vaccinated at work?

Jorge Sales Boyoli answers questions about whether mandates requiring employees to get vaccinated are legal under Mexico’s labor laws.

Entrepreneur

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4 Tips For Employers Paying Disabled Workers Lower Wages

Libby Henninger offers tips for employers paying disabled workers lower wages.

Law360 Employment Authority

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When Does Tough Talk Rise to an Ethical Violation or Even Extortion?




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Europe and Canada Seek to Mandate Human Rights Due Diligence and Transparency Obligations on Companies and Their Global Partners

This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers. 




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

On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (the “Act”),1 which bars the importation into the United States of products made from forced labor in the Xinjiang region of China.  This Act will significantly impact many multinational employers’ supply chains because raw materials from this region – such as cotton, coal, chemicals, sugar, tomatoes and polysilicon (a component in solar panels) – have found their way into many global supply chains.  Indeed, these materials arrive on U.S.




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Navigating New Nevada Laws: What to Know and How to Prepare




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Corporate Board Diversity: Next Steps for Employers After Court Strikes Down California Board Diversity Law

On April 1, 2022, a Los Angeles County Superior Court ruled that California Assembly Bill 979—a bill designed to increase diversity and improve the persistently low number of underrepresented groups on corporate boards—violated the Equal Protection Clause of the California Constitution and was therefore unenforceable. In its ruling, the court acknowledged the pitfalls of homogeneity in business and communities, but it cautioned against quotas and specific number requirements.




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2022 Nevada Regional Employer Conference - Las Vegas




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2022 Nevada Regional Employer Conference - Reno




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Election Impact: Upcoming Policies to Consider




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How to Identify Forced Labor in Supply Chains

Donald Dowling says abusive labor practices are a huge problem around the world, and often the smaller local manufacturers, miners and growers within countries that are committing labor abuses are bigger problems than the multinational firms.

SHRM Online

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The New Normal: Continuing Considerations of Hybrid and Remote Work




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New Anti-Money Laundering Whistleblower Improvement Act Expands Coverage and Strengthens Incentives for Whistleblowers

On December 29, 2022, President Biden signed a new whistleblower law that significantly increases the risk and cost of whistleblower claims for domestic and overseas financial services institutions that must be cognizant of anti-money laundering (AML) laws and regulations. This covers 26 categories of institutions, including banks, branches and agencies of foreign banks, broker-dealers, insurance companies, operators of credit card systems, mutual funds, certain casinos, and travel agencies.




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What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?




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2023 Mid-Atlantic Regional Employer Conference




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Employers Should Purge Old I-9s

Speaking about I-9 retention periods, Jorge Lopez advises employers to be prudent and make a purge process part of the I-9 compliance module.

SHRM Online

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Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel.




d

The Global Guide Quarterly (Quarter 3, 2024)

The Global Guide Quarterly (GGQ) is a newsletter published by Littler on a quarterly basis to provide high-level and concise coverage of global labor and employment (L&E) law developments in key countries across the Americas, the Asia-Pacific (APAC) region, and Europe, the Middle East, and Africa (EMEA).




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Massachusetts Expands Reasons for Use of Earned Sick Time

The Massachusetts legislature has expanded the reasons employees can use Massachusetts Earned Sick Time through provisions in a larger bill entitled, “An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options.”  Employees may now use Massachusetts Earned Sick Time to “address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted reproduction, adoption or surrogacy.”




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New OFCCP Construction Scheduling Letter and Itemized Listing

  • OFCCP’s new Construction Scheduling Letter and Itemized Listing include a number of key revisions and obligations for covered construction contractors and subcontractors.
  • Changes include a new Item to the Construction Scheduling Letter seeking information about tests and selection procedures, including those using artificial intelligence, algorithms, and automated systems.




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New Developments on the Enforceability of Releases in Brazil

In 2017, companies in Brazil welcomed changes to its labor code that introduced the option for securing enforceable releases to employment law claims. The changes to the labor code included allowing parties to seek a ratification of a private settlement with the labor courts. The rationale behind the new law was to permit parties to settle matters in an amicable way, thereby reducing judicial disputes.




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Canada Imposes New Language and Field of Study Requirements on Its Post-Graduation Work Permit Program

On September 18, 2024, Canada announced that it would impose new language and field of study eligibility requirements on its Post-Graduation Work Permit (PGWP) Program.




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Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

  • HRTO dismissed a volunteer’s claim that he experienced discrimination because of his sexual orientation, gender identity and gender expression when he was asked to remove 2SLGBTQ2 symbol from his name badge, because the organization’s Dress Code applied to all volunteers and to any and all alterations to name badges. 




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Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

  • A recent Sixth Circuit decision provides some guidance to employers regarding bargaining obligations during exigent circumstances like the COVID-19 pandemic or other public health emergencies.
  • In general, an employer can make unilateral decisions to address unforeseen circumstances that have a major effect on the economics of its operations, but this right is not without limits.




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New Maryland Wage Laws Take Effect

On October 1, 2024, Maryland’s Pay Stub/Pay Statement and Pay Transparency laws went into effect. The laws were passed during the General Assembly’s 2024 legislative session and amended the state’s Wage Payment and Collection Law and Equal Pay for Equal Work law, respectively.

Pay Stub/Pay Statement Law Requirements




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Bracing for Impact if California Voters Approve Statewide Minimum Wage Increase

At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation.




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Littler Lightbulb: September Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs to Treat Anxiety and Muscle Spasms




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NLRB General Counsel Explains What Remedies She Wants for Non-Competes She Considers Illegal and Promises Crack-Down on “Stay-or-Pay” Agreements

  • NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA.
  • The Memorandum also alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.




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The City of Euless Repeals Texas’s Only Predictive Scheduling Ordinance

The Euless, Texas Fair Overtime and Scheduling Standards Ordinance that imposed predictive scheduling obligations on covered employers is no more.   

The Unusual Origin of the Ordinance 




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How can employers address varying sensitivities to DEI issues in a multinational workforce?




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Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving Failure to Mitigate

  • Ontario’s Superior Court of Justice held that because a termination for cause provision in an employment contract defined “cause” more broadly than does the Employment Standards Act, 2000 it was unenforceable.
  • Court also held the employer failed to prove the employee did not mitigate her damages.




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Dallas Cowboys Cheerleaders and Equal Pay: What the Hit Netflix Show Tells UK Employers

The latest binge watch for many of us at GQ|Littler was the Netflix hit, “America’s Sweethearts: Dallas Cowboys Cheerleaders,” which follows a year in the life of NFL’s Dallas Cowboys cheerleading team.




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DOL Issues Guidance on AI and Worker Well-Being Best Practices

  • DOL issued new guidance, Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers.
  • These non-binding “Best Practices” are intended to serve as a roadmap for developers and employers to implement eight principles set forth in earlier DOL guidance on AI.




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USCIS Has Introduced E-Verify+ — What Is It?

  • E-Verify+ is a new voluntary employee verification process that allows employees to complete their Forms I-9 through E-Verify.
  • The process has benefits and detriments, so employers invited to participate in the program should discuss E-Verify+ with their immigration counsel to determine whether it is right for their organization.




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Pro Bono Week Podcast – Nonpartisan Election Activities

Attorneys Sarah Coats, Carly Compton, Christina Cordoza, Chris Johlie and Mark Flores share more about the nonpartisan election activities they have assisted with on a pro bono basis with Pro Bono Committee Member Breanne Martell.

As part of the annual National Celebration of Pro Bono hosted by the American Bar Association, Littler is highlighting various pro bono efforts from around the firm. Our attorneys and professional staff demonstrate their commitment to pro bono by providing significant efforts to organizations in their communities.