Alyesha Asghar and Julian G.G. Wolfson explain “background circumstances,” which are required as evidence in cases of reverse discrimination, and the implications for employers and IE&D.

Wolters Kluwer

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Emily Haigh, U.S. Army veteran and co-founder of Littler's Veterans Initiative, speaks with Littler attorneys Michael Kibbe, Caroline Lutz and Jonathan Heller, about how their military experience has had a positive impact on their legal practice.
  

On November 8, 2024, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2024-01.  This letter provides additional clarity about whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime pay under the Fair Labor Standards Act (FLSA).  

Stacey James and Jamie L. Santos discuss a California amendment that seeks to allow restaurants to support higher wages and benefits while clearly disclosing service fees to consumers upfront.

Wolters Kluwer

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Denise Backhouse shares how best to alleviate data risks that many e-discovery professionals may face in the new year.

Legaltech News

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Niloy Ray talks about the proposed AI regulations from the California Privacy Protection Agency and what all HR professionals should consider about AI and compliance. 

HR Brew

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Kwabena Appenteng weighs in on the challenges to international data privacy regulations and data transfers and says companies should make sure that they have standard contractual clauses in place.

SHRM Online

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Paul Weiner, Denise Backhouse and Gretchen Marty explain how the legal and technical matters of e-discovery are prominent in lawsuits and in the legal industry as a whole.

Law360

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Scott Forman gives his predictions for legal technology and data analytics tools, especially towards generative AI point solutions, in 2024.

Legaltech News

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Deborah Margolis, Jan-Ove Becker and Stephan Swinkels discuss AI’s impact on the global economy and the workforce.

International Employment Lawyer

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As we look ahead to 2024, it is clear that both data protection and AI will continue to take center stage in the UK, as it will in many other countries.

In this article we look ahead to the developments that are expected to impact UK employers in the coming year.

Australia’s Senate on Thursday, February 8, 2024, passed a bill that would prevent an employer from contacting employees outside of work hours. The bill gives the employee the right to refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of the employee’s working hours without fear of being penalized, unless the employee’s refusal is unreasonable.

The Brazilian Data Protection Law (LGPD) in effect since 2020 is starting to show its effects in the litigation landscape.

Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data transfers.  Relief arrived on March 22, 2024, when the CAC published the “Provisions on Promoting and Regulating Cross-border Data Flows” (the “Approved Provisions”), which went into effect on the same day.

Shannon Meade talks about how the Biometric Information Privacy Act (BIPA) has affected employers in Illinois and how SB 2979 would update it and tweak its liability guidelines.

Law360

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Niloy Ray and Alice H. Wang say California’s Senate Bill 1047 represents another significant step forward in the state’s wide-ranging efforts to regulate the development and use of AI.

Daily Journal

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Zoe Argento, Kwabena Appenteng, Alyssa Daniels, Philip Gordon, Rajko Herrmann, Soowon Hong, Renata Neeser, Naomi Seddon, Christina Stogov and Grace Yang share a comprehensive guide for how employers can ensure data protection as they implement artificial intelligence.

Corporate Compliance Insights

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(May 8, 2024) – In an election year that could significantly impact the future of employment and labor law, U.S. employers expect heightened regulatory enforcement as they navigate a host of workplace issues, including the disruptive impact of artificial intelligence (AI) and managing divisive political beliefs among employees.

UPDATE: On May 17, 2024, Colorado Governor Jared Polis signed Senate Bill 24-205 into law, although not without reservations. Governor Polis sent a letter to the members of the Colorado General Assembly encouraging them to reconsider and amend aspects of Senate Bill 24-205 before it takes effect on February 1, 2026.

Orly M. Henry calls a law to amend language addressing claim accrual in BIPA litigation long overdue and “a huge step in the right direction.”

Chicago Daily Law Bulletin

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May 25th marked six years since the General Data Protection Regulation has been in effect.

Since it was implemented, GDPR has been regarded as the gold standard for data protection legislation across the world. The implementation of GDPR signaled the European Union’s firm stance on data privacy and security, demonstrated by the large fines introduced for businesses that violate GDPR standards. The GDPR is retained in the UK’s domestic law as UK GDPR, which sits alongside the Data Protection Act 2018.

Zoe Argento says the use of AI to evaluate or assess applicants or employees is the highest risk use of AI in the workplace, and it’s also where she’s seeing the most amount of regulation.

Law Week Colorado

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Bradford Kelley, Kellen Shearin and Michael Lotito say employers must consider employees' rights — and limits on those rights — related to political speech and activities in the workplace.

Law360

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law updates. Some states, like Maryland, have at least a dozen new laws and regulations taking effect this summer, tackling everything from vaping at work to pay discrimination.  Other states have just one, such as the state of West Virginia, which now restrains employers from acting against employees who store firearms in their vehicles on company property.

Zoe M. Argento, Philip L. Gordon, Kwabena A. Appenteng, Orly Henry and Alyssa Daniels discuss the Biometric Amendment, an amendment to the Colorado Privacy Act that requires employers to obtain consent before collecting and using biometric information.

SHRM Online

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Rod M. Fliegel and Cirrus Jahangiri discuss what a recent court of appeal decision means for employers in California, who are often restricted from access to employees’ public records, including criminal history information.

SHRM Online

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Thomas W. Carroll, Matt Freemann, David C. Gartenberg and Billie Jo M. Risheim provide an overview of the significant new laws passed during the 2024 legislative session that affect Colorado employers.

SHRM Online

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Zoe Argento talks about the new compliance requirements for employers under Colorado’s biometric privacy law.

Law Week Colorado

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On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The Amendment is a milestone in the broader ongoing effort to resolve BIPA’s vague statutory language and courts’ expansive interpretations of the law, which have resulted in businesses across Illinois paying hundreds of millions of dollars to settle the 1,000+ BIPA class actions filed in state and federal courts to date.

Orly Henry says a recent BIPA amendment is an important change that will help protect businesses and help Illinois remain competitive in the global economy.

Law360

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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.

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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Philip L. Gordon says a new AI law in Colorado means that any employer doing business in the state with more than 50 employees will have specific obligations when AI is a factor in the decision-making processes that affect personnel.

HR Brew

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Stephan Swinkels says some data breaches are inevitable and employers must move quickly to minimize the damage in the event of a breach.

International Employment Lawyer

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

Law360

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

Nashville Business Journal

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