Alex MacDonald says that federal agencies will have to look for new ways to advance their policy positions in the wake of SCOTUS overturning Chevron. 

Corporate Compliance Insights

View

Stephen T. Melnick talks about a new bill that proposes to give a tax credit to businesses in Massachusetts that join a pilot program to explore the possible benefits of a shorter workweek.

WorldatWork

View

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3. The Act, which Senator Chuck Grassley sponsored, prohibits employers from retaliating against individuals who report criminal antitrust violations to their employer or the federal government, or who participate in a federal governmental criminal antitrust investigation or proceeding.  

Background

On February 19, 2021, the U.S.

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

View Article (Subscription required.) 

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.

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

Law360 Employment Authority

View (Subscription required.)

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.

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.
   

Attorneys Colette Kopon and August Johannsen join Pro Bono Committee Member Lavanga Wijekoon in discussing their participation in Littler’s pro bono clinic, held in collaboration with the National Immigrant Justice Center, focused on assisting migrant families seeking asylum in the U.S.

Pro Bono Committee Member Jenny Schwendemann is joined by Associate Don Nguyen, Customer Success Senior Coordinator Megan Gunn, Director Christie Bhageloe (Veterans Consortium Discharge Upgrade Program) and Associate Corporate Counsel Kate Brown (Amazon) to discuss Littler’s pro bono collaboration with Amazon in support of The Veterans Consortium.

Shareholder Rachel Fendell Satinsky speaks with Pro Bono Committee Member Dave Haase regarding her work with the Pennsylvania Innocence Project over the years.

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.
   

Portugal recently approved significant changes to the country’s telework regime.

The past two years created a significant shift in working conditions, and with that, a new avenue of employment arrangements. The normalization of flexible working paired with talent scarcity created an ideal environment for its rise. To help set up a global workforce, many service providers—referred to as Employers of Record (EORs)—are offering to hire talent across borders for companies. They take care of labor and employment laws, social security, and tax in each desired country.

Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance.  The ordinance, which imposes obligations well beyond existing federal and state law, and which extends to con

James A. Paretti Jr. and Melissa McDonagh offer insights into the implications of the court’s rejection of the Federal Trade Commission’s (FTC) proposed nationwide ban on noncompete agreements.

Thomson Reuters

View

Michael Lotito writes about unions and their allies’ attempts to sneak parts of the Protecting the Right to Organize (PRO) Act into the budget bill.

The Wall Street Journal

View (Subscription required.)

On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being in material breach of the arbitration agreement.  In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee payment.

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC,¹ that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the transportation industry, the U.S. Court of Appeals for the Ninth Circuit addressed whether the exemption applies to “contracts of employment” between business entities. In Fli-Lo Falcon, LLC v.

PORTLAND, Maine (May 24, 2023) – Littler, the world’s largest employment and labor law practice representing management, has added James Thelen as of counsel in its Portland, Maine office. Prior to joining Littler, Thelen was a higher education consultant, as well as general counsel and chief legal officer at the University of Maine System, a statewide system of seven public universities. While there, he also served as vice chancellor for strategic initiatives and chief of staff.

A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.

AUSTIN, Texas (January 16, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Tara Porterfield as senior counsel in its Austin office. Porterfield joins from Vinson & Elkins and brings more than 20 years of employment litigation experience.

SAN DIEGO (April 1, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added John Nordlund as its newest shareholder in its San Diego office. Nordlund joins the firm from Jackson Lewis P.C.

PITTSBURGH (April 15, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Shannon Huygens as special counsel in its Pittsburgh office. Huygens, who was an associate at Littler from 2004 to 2013, rejoins the firm after serving as associate general counsel at the University of Pittsburgh for more than a decade.

PROVIDENCE, R.I. (May 20, 2024) – Littler, the world’s largest employment and labor law practice representing management, continues to expand its shareholder ranks with the addition of Gregory Tumolo in its Providence, Rhode Island office. He joins the firm from Lewis Brisbois Bisgaard & Smith, where he was co-chair of the Employment Advice and Counseling practice group. Tumolo’s arrival follows several recent additions at the shareholder level, including Stephen Shore (Toronto), John Tripoli (Milwaukee) and John Nordlund (San Diego).

SAN FRANCISCO (October 7, 2024) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce the addition of Amit Shah as the firm’s Chief Digital Innovation Officer (CDIO). He joins Littler from Excelitas Technologies, where he served as Executive Vice President and Chief Information Officer for Information Technology.

FRESNO, Calif. (November 4, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Seth G. Mehrten as a shareholder in its Fresno office. Mehrten joins the firm from Barsamian & Moody.

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

View

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

View

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

View

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

Listen

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

View

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

View (Subscription required)