ot Puerto Rico Enacts New Legislation on Remote Workers of “Out-of-State” Employers By www.littler.com Published On :: Wed, 27 Jul 2022 14:52:57 +0000 On June 30, 2022, the governor of Puerto Rico signed into law Act No. 52 (Act 52-2022), which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011, to address the pandemic-related issue of employees working remotely from the Island for “out-of-state” employers with no business nexus to Puerto Rico. Pursuant to Act 52-2022, for taxable years commencing after December 31, 2021, businesses with employees working remotely from Puerto Rico will not be deemed “engaged in trade or business,” provided the following conditions are met: Full Article
ot Certificates of Coverage Necessary for Expatriate Workers to Claim FICA Exemption under Totalization Agreements By www.littler.com Published On :: Fri, 23 Jun 2023 19:14:04 +0000 In an opinion issued on June 20, 2023, the United States Court of Federal Claims reminded taxpayers that they must obtain a certificate of coverage in order to claim an exemption from Social Security and Medicare taxes (FICA) under a totalization agreement. Full Article
ot Dear Littler: Do I really need to reimburse my remote employee’s phone bill, internet, and home office equipment? By www.littler.com Published On :: Thu, 30 Nov 2023 18:25:42 +0000 Dear Littler, We are a small company based in Milwaukee, Wisconsin that allowed some of our employees to work remotely during the pandemic. When we recently announced our plans to call employees back to home base in Milwaukee, we received feedback that some employees did not plan to come back—they want to continue working remotely. We anticipated this, and we’re working with them to navigate their individual situations, but we were surprised to learn that some of our employees have actually relocated to different states! Full Article
ot Court Holds Backup Withholding Required by Law Does Not Violate a Settlement Agreement By www.littler.com Published On :: Fri, 26 Jan 2024 18:50:10 +0000 In Escano v. Innovative Financial Partners, LLC,1 a magistrate judge held that the defendants’ decision to withhold funds from a payment required under a settlement agreement when the plaintiff refused to provide a Form W-9 did not violate the agreement. Full Article
ot IRS Updates FAQs on 1099-Ks Used for Gig Workers and Others By www.littler.com Published On :: Wed, 07 Feb 2024 21:52:34 +0000 The IRS recently updated its guidance for completing Form 1099-K, used primarily by “gig” companies providing compensation using payment apps or online marketplaces and for individuals selling goods on online marketplaces such as Etsy. As background, in order to promote greater tax transparency and compliance, in 2008 Congress enacted Internal Revenue Code section 6050W to require that certain “third party network transactions” be reported on the then-new Form 1099-K. Full Article
ot Maryland WARN Act Does Not Provide a Private Right of Action to Terminated Workers By www.littler.com Published On :: Wed, 02 Oct 2024 19:53:00 +0000 Kerry E. Notestine, Chad J. Kaldor, Shawn Matthew Clark and Garrick D. Josephs compare and contrast the Maryland WARN Act and its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act. SHRM View (Subscription required) Full Article
ot N.J. Legislature Tells Employers to Be Transparent About Pay, Promotions By www.littler.com Published On :: Mon, 14 Oct 2024 21:58:12 +0000 Lauren J. Marcus, Amber M. Spataro and Francis A. Kenny discuss New Jersey’s new bill that would require employers to disclose wage or salary ranges and general benefits information in each job posting/advertisement. SHRM View (Subscription required) Full Article
ot Write It Down: California’s Freelance Worker Protection Act Imposes New Requirements for Engaging Independent Contractors By www.littler.com Published On :: Mon, 21 Oct 2024 16:07:37 +0000 Following other states and cities across the nation, California Governor Gavin Newsom signed Senate Bill 988, the Freelance Worker Protection Act (FWPA), into law on September 28, 2024. This new law aims to provide greater protections to freelance workers (e.g., “independent contractors”). Full Article
ot Maryland WARN Act does not provide a private right of action to terminated workers By www.littler.com Published On :: Tue, 22 Oct 2024 21:07:23 +0000 Kerry Notestine, Chad Kaldor, Shawn Matthew Clark and Garrick Josephs discuss the Maryland WARN Act and compares and contrasts it with its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act. Wolters Kluwer View (Subscription required) Full Article
ot This Legal Change Could "Severely Disrupt" Franchising. Learn About the PRO Act's Joint-Employer Standard By www.littler.com Published On :: Wed, 30 Jun 2021 21:27:23 +0000 Michael Lotito offers insight on the Protecting the Right to Organize Act (or PRO Act), which includes a change to a standard known as “joint employer.” Entrepreneur View Full Article
ot Bipartisan Passage of Workplace Laws Puts Employers on Notice By www.littler.com Published On :: Tue, 07 Feb 2023 15:34:18 +0000 Jim Paretti says several new bipartisan laws focused on issues women experience in the workplace may move employers to work on preventing instances that would violate the new measures. Bloomberg Law View (Subscription required.) Full Article
ot Ontario, Canada Arbitrator Finds Employer Did Not Violate Collective Agreements by Not Recognizing National Day of Mourning as a Paid Holiday By www.littler.com Published On :: Tue, 07 Mar 2023 16:02:15 +0000 Arbitrator dismissed four union grievances alleging National Day of Mourning should have been a paid holiday. It is not enough for a day to be referred to as a “holiday” by a governmental entity to be deemed as such for collective agreement purposes; a legislative process culminating in the proclamation of the day as a “holiday” is required. Full Article
ot Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts By www.littler.com Published On :: Tue, 23 Apr 2024 21:40:41 +0000 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. Full Article
ot Rebuilding America: The Potential Impact of President Biden’s Infrastructure Plan on South Carolina’s Businesses and Workforce By www.littler.com Published On :: Tue, 20 Jul 2021 19:07:19 +0000 William H. Foster and Katie E. Towery examine the impact President Biden’s “America’s Jobs Plan” might have on South Carolina’s growing businesses and workforce. Association of Corporate Counsel South Carolina View Full Article
ot Pencils, Paper, and Now NLRA Legal Protections – New General Counsel Memorandum Provides College Student Athletes with a Very Significant New “School Supply” By www.littler.com Published On :: Fri, 01 Oct 2021 18:32:52 +0000 On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are employees under Section 2(3) of the National Labor Relations Act (NLRA). Refusing to call such players “student athletes,” Abruzzo asserts in the memorandum (GC 21-08) that: Full Article
ot New Puerto Rico Executive Order Mandates Booster Shots for Health and Education Sectors By www.littler.com Published On :: Mon, 27 Dec 2021 14:57:15 +0000 Puerto Rico Governor Pedro R. Pierluisi recently issued back-to-back executive orders (EO) regarding COVID-19. It appears that the third EO was stuck in holiday traffic. This latest EO, like her sisters, amends November’s EO-2021-075 to curtail COVID-19 infections. Full Article
ot Puerto Rico Mandates COVID-19 Booster Shots for Health and Education Sectors By www.littler.com Published On :: Mon, 10 Jan 2022 17:03:57 +0000 Anabel Rodríguez-Alonso and José L. Maymí-González examine Puerto Rico’s new back-to-back executive orders regarding COVID-19. SHRM Online View (Subscription required.) Full Article
ot Title IX At 50: Expanding Protections for Students and Employees By www.littler.com Published On :: Wed, 13 Jul 2022 18:47:33 +0000 In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972 (Title IX), on June 23, 2022, the U.S. Full Article
ot NLRB Regional Director Says Dartmouth Men’s Basketball Players Are Employees, Can Vote in Union Election By www.littler.com Published On :: Wed, 07 Feb 2024 19:38:45 +0000 On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their status as employees, Regional Director Sacks found, Dartmouth’s men’s basketball players are eligible to vote in a union election petitioned for by Local 560 of the Service Employees International Union, a labor union that already represents several other more traditional employee groups at Dartmouth. Full Article
ot Dartmouth basketball vote shows unionization ‘can happen anywhere,’ attorney says By www.littler.com Published On :: Wed, 10 Apr 2024 14:26:46 +0000 Tyler Sims discusses the potential wage-and-hour implications of Dartmouth College’s men’s basketball team voting to form what may become the NCAA’s first-ever athlete labor union. HR Dive View (Subscription required.) Full Article
ot Forecast: Very hot. What your employer should be doing to protect you on high-heat days By www.littler.com Published On :: Mon, 24 Jun 2024 17:52:18 +0000 Alka Ramchandani-Raj talks to employers about OSHA-recommended accommodations when altering employees’ working hours due to heat-related conditions. CNN View Full Article
ot SCOTUS decision may have ramifications for OSHA and MSHA By www.littler.com Published On :: Thu, 11 Jul 2024 19:59:39 +0000 Alka Ramchandani-Raj says the Supreme Court’s Jarkesy decision could mean at least one type of OSHA case could see a change in venue in the future. Safety+Health View Full Article
ot What do recent Supreme Court decisions mean for OSHA and other safety agencies? By www.littler.com Published On :: Thu, 01 Aug 2024 20:12:01 +0000 Commenting on a SCOTUS decision, Alka Ramchandani-Raj said a type of OSHA matter that could see a future change in venue may be those involving certain General Duty Clause citations. Safety+Health View Full Article
ot Data Protection for Multinational Employers: Frameworks, Artificial Intelligence and More By www.littler.com Published On :: Mon, 29 Apr 2024 15:45:14 +0000 Full Article
ot Labor Unions and Campus Protests: A Moderated Legal Discussion By www.littler.com Published On :: Wed, 22 May 2024 21:24:07 +0000 Full Article
ot Spotting and Solving Workplace Issues Before They Lead to Legal Troubles By www.littler.com Published On :: Wed, 05 Jun 2024 21:31:22 +0000 Full Article
ot From Michael Scott to Bill Lumbergh: Legal Strategies for When a Manager Goes Rogue By www.littler.com Published On :: Fri, 28 Jun 2024 17:33:34 +0000 Full Article
ot How Employers Can Best Protect Themselves in Montana By www.littler.com Published On :: Mon, 29 Jul 2024 17:03:13 +0000 Full Article
ot What Employers Need to Know About the UK Worker Protection Act By www.littler.com Published On :: Mon, 09 Sep 2024 19:23:10 +0000 Full Article
ot Littler’s Michael Paglialonga Testifies Before New York City Council on Safe Hotels Act Flaws By www.littler.com Published On :: Wed, 09 Oct 2024 17:49:17 +0000 NEW YORK (October 9, 2024) – Littler attorney Michael Paglialonga testified before the New York City Council’s Committee on Consumer and Worker Protection today on behalf of Littler’s Workplace Policy Institute® (WPI®), the firm’s government relations and public policy arm. Full Article
ot Write it down: California's Freelance Worker Protection Act imposes new requirements for engaging independent contractors By www.littler.com Published On :: Tue, 29 Oct 2024 19:34:54 +0000 Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers. Wolters Kluwer View (Subscription required) Full Article
ot Illinois Guidance Finds Law Does Not Prohibit Private Employers from Using E-Verify By www.littler.com Published On :: Wed, 30 Oct 2024 21:03:49 +0000 The Illinois Department of Labor (IDOL) has just issued some much-needed guidance, through Frequently Asked Questions (FAQs), on whether enrollment and use of E-Verify is prohibited in Illinois for private employers that do not have federal contracts. The answer is NO. Full Article
ot Missouri Appears to Have Approved Paid Sick and Safe Time Ballot Measure as Rumors of Potential Challenge Circulate By www.littler.com Published On :: Mon, 11 Nov 2024 14:31:36 +0000 New statewide paid sick and safe time law would take effect on May 1, 2025. Law would allow employers to limit annual use to either 40 or 56 hours, limit carryover to 80 hours, but is silent on accrual caps. Notice obligations would begin before law takes effect. Full Article
ot Nebraskans Appear to Have Overwhelmingly Approved Paid Sick Time Ballot Measure By www.littler.com Published On :: Mon, 11 Nov 2024 14:41:08 +0000 New statewide paid sick time law would take effect on October1, 2025. Law would allow employers to limit annual accrual and use to either 40 or 56 hours, but is silent on carryover caps. Notice obligations would begin before law takes effect. Full Article
ot The UK-US Data Bridge Protects Data Privacy By www.littler.com Published On :: Wed, 17 Jan 2024 21:09:46 +0000 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 View (Subscription required.) Full Article
ot New Year, New Data Protection Laws: What Employers Should Know By www.littler.com Published On :: Thu, 25 Jan 2024 14:49:31 +0000 Fourteen states have adopted comprehensive data protection laws, most of which will take effect within the next two years. Of these laws, only the California Privacy Rights Act applies to HR data. Nevertheless, employment counsel and HR professionals will be involved in assisting their organizations to comply with the broad range of responsibilities these laws impose. States are also proposing and enacting smaller laws applicable to HR data. Full Article
ot Brazil Data Protection Law – Litigation in the Context of Employment By www.littler.com Published On :: Mon, 26 Feb 2024 20:24:09 +0000 Employers operating in Brazil will likely see an uptick in litigation involving claims filed under the country’s Data Protection Law (LGPD). The Brazilian National Data Protection Agency, the entity charged with enforcing the LGPD, recently issued new guidance on this law. The Brazilian Data Protection Law (LGPD) in effect since 2020 is starting to show its effects in the litigation landscape. Full Article
ot Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace By www.littler.com Published On :: Thu, 29 Feb 2024 22:53:46 +0000 Despite the broad range of artificial intelligence technologies and the flurry of new laws regulating them, virtually all laws regulating how these technologies process data follow the same basic framework. This means employers can follow a relatively straightforward checklist around the world to work through the major data protection issues. This Insight walks through the checklist and identifies significant variations between regions and countries. Full Article
ot A Comprehensive Global Guide for AI Data Protection in the Workplace By www.littler.com Published On :: Fri, 19 Apr 2024 14:30:57 +0000 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 View Full Article
ot New Colorado Employment Laws Enacted, Other Statutes Modified By www.littler.com Published On :: Fri, 19 Jul 2024 13:48:44 +0000 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 View (Subscription required) Full Article
ot New Colorado Law Protects Consumer Biological and Neural Data By www.littler.com Published On :: Fri, 19 Jul 2024 20:49:49 +0000 Zoe Argento talks about the new compliance requirements for employers under Colorado’s biometric privacy law. Law Week Colorado View (Subscription required) Full Article
ot Canada: SCC Decision Offers Potential Insight into Privacy Rights for Private-Sector Employees By www.littler.com Published On :: Thu, 08 Aug 2024 19:55:42 +0000 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. Full Article
ot Netherlands issues guidance on using AI chatbots By www.littler.com Published On :: Thu, 22 Aug 2024 15:18:00 +0000 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 View (Subscription required) Full Article
ot Senate Recesses Without Votes On Biden NLRB Nominees By www.littler.com Published On :: Wed, 02 Oct 2024 19:36:39 +0000 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 View (Subscription required) Full Article
ot Alumni Spotlight — Meet Erin Webber By www.littler.com Published On :: Tue, 22 Oct 2024 21:04:23 +0000 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 Full Article
ot 2nd Circ. OT Ruling On Pleadings Shapes Strategy A Year Out By www.littler.com Published On :: Tue, 29 Oct 2024 19:27:55 +0000 Paul Piccigallo says the Second Circuit panel's unanimous ruling in Herrera v. Comme Des Garçons Ltd has resulted in the filing of fewer motions to dismiss at the initial responsive pleading stages in overtime lawsuits. Law360 Employment Authority View (Subscription required) Full Article
ot German firms not required to pay “to the top” for gender pay gaps By www.littler.com Published On :: Thu, 07 Nov 2024 14:39:14 +0000 Sabine Vianden discusses the German Pay Transparency Act and how it can help solve the gender pay gap discrepancies in Germany. International Employment Lawyer View (Subscription required) Full Article
ot 3 GOP States Join Paid Sick Leave Movement, Passing Ballot Measures by Wide Margin By www.littler.com Published On :: Tue, 12 Nov 2024 22:06:25 +0000 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 View (Subscription required) Full Article
ot ETSI completed its first remote Mission Critical Plugtests event By www.etsi.org Published On :: Thu, 28 Apr 2022 06:05:48 GMT ETSI completed its first remote Mission Critical Plugtests event Sophia Antipolis, 11 February 2019 ETSI has just ended its third MCX Plugtests, which is the first remote PlugtestsTM within the MCX Plugtests programme, from 3 Dec 2018 until 31 Jan 2019. Read More... Full Article
ot ETSI releases first globally applicable standard for consumer IoT security By www.etsi.org Published On :: Thu, 28 Apr 2022 09:30:38 GMT ETSI releases first globally applicable standard for consumer IoT security Sophia Antipolis, 19 February 2019 The ETSI Technical Committee on Cybersecurity (TC CYBER) has just released ETSI TS 103 645, a standard for cybersecurity in the Internet of Things, to establish a security baseline for internet-connected consumer products and provide a basis for future IoT certification schemes. Read More... Full Article