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California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

  • The California Supreme Court determined that plaintiffs seeking civil penalties under California’s Private Attorneys General Act (PAGA) retain standing to pursue representative PAGA claims on behalf of other alleged aggrieved employees in court despite being bound to arbitrate their individual PAGA claims.




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    2023 Update on False Claims Act Risks for Healthcare Employers




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    Employers can count sick leave credits as paid medical leave days under CLC: arbitrator

    Rhonda Levy, Adrian Jakibchuk, Barry Kuretzky and George Vassos comment on an arbitrator’s ruling that federal employers can count employees’ sick leave credits as paid medical leave days under the Canada Labour Code (CLC) if their own program provides “a more favourable benefit” to workers.

    Human Resources Director Canada

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    Denver Mandates That All Public-Sector and Certain Private-Sector Employees Be Vaccinated for COVID-19

    On August 2, 2021, Denver, Colorado Mayor Michael B. Hancock announced that all city employees, as well as private-sector workers in certain “high-risk” settings, must be fully vaccinated against COVID-19 by September 30, 2021. After September 30, unvaccinated individuals covered by this mandate will not be permitted to work onsite or in the field. In order to meet this September 30 deadline, employees covered by this requirement must receive their final doses of the vaccine by September 15.

    Who is Affected by the Vaccine Mandate?




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    Denver Mandates COVID-19 Vaccination for Certain Employees

    David Gartenberg and Danielle Van Katwyk examine a new vaccine mandate in Denver and explain what it means for Colorado employers.

    SHRM Online

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    ERISA Breach of Fiduciary Duty Claims Challenging Retirement Plan Investments and Fees




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    “Stop-WOKE” Takes Aim at Florida’s Colleges and Universities

    Florida’s most recent anti-“WOKE” legislation places diversity-related work and diversity-focused positions on state campuses under threat.




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    NLRB General Counsel Files Complaint Demanding College Reclassify its Student-Athletes as Employees

    National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo filed a long-anticipated complaint on May 18, 2023 against the University of Southern California (USC), the Pac-12 Conference, and the National Collegiate Athletic Association (NCAA), alleging that their failure to use the term “employee” to refer to student-athletes in the university’s student athlete handbook and related social media policies intentionally discourages student athletes from exercising their alleged Section 7 rights as employees under the National Labor Relations Act (NLRA).




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    House Republicans Warn Against College Athlete Unions

    While testifying at a congressional hearing, Tyler A. Sims said the potential consequences of unionizing could be damaging for athletes.

    Inside Higher Ed

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    Kentucky Takes Aim at “WOKE” in Higher Ed

    On March 14, 2024, a bill to restrict diversity, equity, and inclusion (DEI) practices in Kentucky’s public universities cleared the House by a vote of 68-18.  Senate Bill 6 (An Act Relating to Postsecondary Institutions) is the most recent Stop-“WOKE” legislation aimed at eliminating diversity-related initiatives on state campuses. 




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    U.S. Department of Education Issues Long-Awaited Final Title IX Regulations

    • U.S. Department of Education issued final Title IX regulations governing sex discrimination complaints involving educational institutions.
    • The regulations clarify terms, expand the geographical scope of Title IX, amend the investigation process, and include sexual orientation, gender identity, and pregnancy/lactation issues within Title IX’s protections. 




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    State Legislation to Curb Workplace Violence Raises Compliance Concerns

    Alka Ramchandani-Raj talks about California’s SB 553, which represents the nation's first general industry workplace violence prevention safety requirements for employers.

    State Net Capitol Journal

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    Cal/OSHA Completes Fast-Track Adoption of Emergency Silica Standard Aimed at Engineered Stone Industry

    • On December 14, 2023, the Cal/OSHA Standards Board approved an emergency temporary standard to enhance existing standards regarding the hazards of respirable crystalline silica. The ETS became effective on December 29, 2023.
    • The ETS is of interest to all employers insofar as it marks the fifth time in only three years that Cal/OSHA has approved a rule using its emergency powers.




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    Effective January 1, 2024, Employers in British Columbia, Canada Have Duties to Cooperate and to Maintain Employment Regarding Certain Workplace Injuries

    On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia’s Workers Compensation Act, received Royal Assent. Effective January 1, 2024, Bill 41 imposes certain duties on employers and employees following a workplace injury.




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    New regulation raises compliance concerns for large employers

    Janell Ahnert discusses OSHA’s expanded electronic recordkeeping rule and how it may change OSHA inspections going forward.

    Birmingham Business Journal

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    Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests

    In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.




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    Deploying AI for Worker Safety Needs Legal Prep From Employers

    Bradford Kelley talks about the promise of AI tools to increase worker health and safety in the workplace.

    Bloomberg Law

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    2024 Summer Olympics Series: Spain




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    House GOP takes aim at Biden heat safety rules

    Felicia Watson said lawmakers should oppose a proposed OSHA rule to protect workers from extreme heat because it would force employers into the role of taking care of employees like children.

    E&E News

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    House Subcommittee Hearing Raises Concerns About Proposed Heat Illness Rule

    Felicia Watson discusses three concerns about a proposed OSHA rule that would protect indoor and outdoor workers from heat illness.

    SHRM

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    New York’s Retail Worker Safety Act: What retailers need to know

    Rebecca Goldstein and Matthew Holmes discuss what New York’s Retail Worker Safety Act will mean for retailers and compare it to California’s Workplace Violence Prevention Act.

    Chain Store Age

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    An Overview of Paid Leave Laws in New England




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    Predictably Unpredictable – Navigating Fair Workweek Laws Across the United States




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    2024 Maine Employment Law Update




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    Navigating the Patchwork of State and Local AI Regulations




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    Maryland Paid Sick and Safe Leave for Businesses 101




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    Littler Appoints New Practice and Industry Group Chairs

    (October 14, 2020) – Littler, the world’s largest employment and labor law practice representing management, has announced a number of leadership changes throughout its various practice and industry groups.

    “We congratulate this talented and diverse group of co-chairs,” said Tom Bender and Jeremy Roth, Littler co-managing directors, in a joint statement. “Their deep knowledge and extensive experience in their respective practice areas will continue to enhance the firm’s ability to advise and defend clients on myriad employment and labor law matters across all industries.”




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    Navigating Montana’s Laws Regarding Vaccination Status and Discrimination and WDEA Claims




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    Labor of Law: Should Employers Be Liable When Their AI Tools Break the Law?

    Jim Paretti weighs in on the many legal questions raised by a new law in New York City that will ban employers from using AI tools in hiring unless they're annually audited.

    Law.com

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    The Labor Dept. Wants to Revise a Trump-Era Policy on Handling of Discrimination Claims Against Contractors

    David Goldstein talks about some differences as the Labor Department proposes changes to a Trump-era rule that it says “undermined” how it handles and resolves discrimination claims by federal contractors.

    Government Executive

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    Court finds employers' discretion in awarding bonuses must be exercised fairly

    Rhonda B. Levy and George Vassos discuss an Ontario Court of Appeal decision that puts employers on notice that their discretion in awarding bonuses is not unconstrained and must be exercised fairly and reasonably.

    Human Resources Director Canada

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    NYC Pushes Back AI Bias Law's Effective Date To April

    New York is postponing its AI bias law’s effective date, and Eli Freedberg says there really was no way that companies could have gotten compliant in time because of all the uncertainty still surrounding the law.

    Law360 Employment Authority

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    Federal regulators urge HR to perform AI bias audits

    Jim Paretti offers advice on the EEOC's latest warning about AI bias in hiring, which may prompt employers to conduct AI audits, either done internally or with independent third parties.

    TechTarget

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    EEOC Issues Guidance on Use of AI

    Jim Paretti said the EEOC’s new guidance explaining the application of Title VII of the Civil Rights Act of 1964 to automated systems that incorporate artificial intelligence in a range of HR-related uses is a wake-up call to employers.

    SHRM Online

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    #MeToo: New York State Court Allows Actor’s Claims Against Entertainment Companies to Proceed Based on Alleged Conduct in 1995 by Weinstein

    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.




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    European Employers Navigate New Pressures Around Flexible Work Models, AI Adoption and Divisive Social Issues, Littler Survey Finds

    (November 8, 2023) – Littler, the world’s largest employment and labour law practice representing management, has released its sixth annual European Employer Survey Report. Based on responses from 780 human resources (HR) executives, in-house lawyers and business leaders from across Europe, the report explores the myriad ways in which employers are responding to changes in workplace management, policy and culture.




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    Littler Attorneys Named in 2024 Best Lawyers™ for Colombia, Portugal, Puerto Rico and Spain

    (November 16, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Colombia, Portugal, Puerto Rico and Spain offices have been recognized in the 2024 edition of Best Lawyers®.

    The individual attorneys that were recognized include the following:




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    Littler Receives 15th Consecutive Perfect Score in the Human Rights Campaign Foundation's 2023-2024 Corporate Equality Index

    (December 1, 2023) – Littler, the world’s largest employment and labor law practice representing management, earned the top score of 100 on the Human Rights Campaign Foundation’s 2023-2024 Corporate Equality Index (CEI) for the 15th consecutive year. The firm joins the ranks of 545 major U.S. businesses who also earned top marks in this year’s benchmarking survey and report, which measures corporate policies and practices related to LGBTQ+ workplace equality.




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    Littler Adds Unfair Competition and Trade Secrets Litigator Phillip Antablin in Los Angeles

    LOS ANGELES (August 19, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Phillip Antablin as a shareholder in its Century City office in Los Angeles. Antablin previously served as Senior Counsel at Epstein Becker Green.




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    C-Suite Executives Are Advancing Workplace Generative AI Policies as Risks Mount, Littler Survey Finds

    Survey also reveals significant misalignment among top executives, posing challenges for effective AI risk management

    Littler, the world’s largest employment and labor law practice representing management, has released its 2024 AI C-Suite Survey Report, completed by more than 330 C-suite executives across the United States.




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    Littler Attains 2023-2024 Mansfield Certification Plus Status From Diversity Lab

    (October 2, 2024) – For the seventh consecutive year, Littler, the world’s largest employment and labor law practice representing management, has achieved 2023-2024 Mansfield Certification Plus status through Diversity Lab. This year-long, structured certification process confirms that all talent at participating law firms have fair and equal opportunities to advance into leadership. To achieve “Plus” designation, firms voluntarily provide data showing their progress and the outcomes of their efforts to broaden talent pools and increase visibility of advancement processes.




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    Election Outcomes, AI Adoption, and ESG Issues Pose New Challenges for European Employers, Littler Survey Finds

    Littler, the world’s largest employment and labour law practice representing management, has released its seventh annual European Employer Survey Report, based on responses from nearly 630 human resources (HR) executives, business leaders, and in-house lawyers from across Europe—57% of whom hold C-suite positions at their organisations.




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    Litigation Strategies to Defend Against Claims of AI Discrimination




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    Missouri Appears to Have Approved Paid Sick and Safe Time Ballot Measure as Rumors of Potential Challenge Circulate

    • 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.




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    Nebraskans Appear to Have Overwhelmingly Approved Paid Sick Time Ballot Measure

    • 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.




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    We asked a labor lawyer what AI laws HR should look out for

    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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    Data Privacy and AI: What Should UK and EU Employers Look out for in 2024?

    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.




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    Australia Aims to Give Employees the Right to Disconnect

    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.




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    California’s SB 1047 establishes stringent requirements for large-scale AI models

    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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    A Comprehensive Global Guide for AI Data Protection in the Workplace

    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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