Andrea M. Kirshenbaum and Jennifer N. Capozzola dive into the U.S. DOL’s final rule (2024 IC Rule) for analyzing whether a worker should be classified as an employee or independent contractor under the FLSA and the lawsuits and challenges that remain in its path. 

The Legal Intelligencer

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Alyesha Asghar discusses the potential impact for employers after the Supreme Court’s decision regarding Title VII in Muldrow v. St Louis.

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On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019 amendments”).  Since then, litigants in New Jersey have struggled with the effect those amendments have had on their lawsuits.  One of the main points of confusion centered around whether the 2019 amendments applied retroactively to violations prior to August 6, 2019, or whether the changes applied prospectively only.  A significant conflict developed between federal and

Marlene Muraco, Angela Rafoth and Emily Mertes discuss reforms to California's Private Attorneys General Act that address challenges and ambiguities faced by both courts and employers in the 20-year-old law.

Westlaw Today

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Robert W. Pritchard comments on the dismissal of a longstanding dispute between Uber and its former drivers.

The Legal Intelligencer

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Judy Iriye, Kate Pitzak and Chase Parongao discuss Hawaii’s Captive Audience Prohibition Act (SB 2715), which restricts employers from requiring employees to attend employer-sponsored meetings.

SHRM

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California is at it again – adopting a host of new labor and employment laws that will further regulate and complicate business operations in the Golden State.  Littler’s Workplace Policy Institute has been tracking these bills as they worked their way through the legislature and been signed into law by Governor Newsom.  The new California laws are summarized briefly below.  Also, please join us at our annual webinar on October 19, 2022, in wh

In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of mass layoffs and plant closures under the WARN Act. The court also opined that the natural-disaster exception requires proof of proximate causation, not but-for causation.¹

On March 20, 2023, Ontario introduced Bill 79, Working for Workers Act, 2023 for First Reading.

On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent and came into force. The statutes amended by Bill 79 include the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA) and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA).

ESA Amendments

Bill 79 made the following amendments to the ESA:

On November 25, 2023, O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT made under the Employment Standards Act, 2000 (ESA) (Regulation), amending O. Reg.

Claire Deason weighs in on whether employers are obligated to pay for remote employees' commutes into work, business expenses and paid sick time.

Law360 Employment Authority

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James A. Paretti Jr. says the DOL’s new overtime rule is likely to face a legal challenge, so employers should start reviewing their workforces but stop short of implementing changes right away.

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Ole Kristian Olsby and Nina Elisabeth Thjømøe explain the regulations around gender equality and discrimination in the workplace.

International Law Office (ILO)

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Ole Kristian Olsby and Nina Elisabeth Thjømøe clarify how to actively prevent sexual harassment and unwanted attention in the workplace through a recent Supreme Court ruling.

International Law Office (ILO)

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Jim Paretti discusses the rescinding of a controversial EEOC rule that would have required the agency to share more information with employers credibly accused of discrimination during the conciliation process.

Law360 Employment Authority

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"How Obama's Cap on Exec Salaries Could Cause as Many Problems as it Solves," The National Law Journal

Philadelphia, PA/ March 20, 2009 -- Littler Mendelson (Littler), the nation's largest employment and labor law firm representing management, is pleased to announce the arrival of shareholders Warren E. Fusfeld and Melissa B. Kurtzman to the firm’s Philadelphia office, both formerly of WolfBlock LLP.

By now, most lawyers advising international companies on compensation packages for expatriates that include deferred compensation are familiar with section 409A of the United States Internal Revenue Code ("US tax code" or "Code").

Littler's Bruce McNeil explains the “rabbi trust" and how it has evolved as a way for employers to provide employees with a higher level of security with respect to nonqualified deferred compensation payment. He discusses further how it is beneficial for both employers and employees.

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Canada saw significant developments in labour and employment law in 2019.  As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve.   Here is our Littler LLP overview of 15 key developments in 2019 with links to more detailed articles and commentary:

As many employers are on the way to normalizing their business practices and re-engaging their employees, they should not overlook the many potential pitfalls in the administration of their retirement, health and welfare plans and their executive compensation arrangements. The risks of missteps are high, and include loss of tax-qualification of retirement plans, penalty taxes in connection with the Affordable Care Act’s (ACA) employer mandate rules, other IRS penalties, employee lawsuits and Department of Labor enforcement actions.

In the Chancellor of the Exchequer’s Autumn Statement, Jeremy Hunt promised that “the government will expand the business Visitor rules to allow businesspeople to engage in a wider range of permitted activities and paid engagements, to take effect from January 2024. The government will also explore further reforms to the business visitor rules during 2024.”

The first of these changes took effect from January 31, 2024. They were not a major reform of the business and other permitted activities that can be carried out on a visit visa, but there are some important changes.

Michael Lotito said labor policy changes could be delayed in a second Trump administration depending on the shifting makeup at the NLRB.

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Alexander T. MacDonald says predistributional labor policies do none of the things they’re supposed to do and, in fact, amplify the problems they’re supposed to solve.

The Federalist Society

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Jeff Nowak and Rich Falcone talk through a hypothetical HR dilemma involving a workplace complaint.

SHRM Online

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Update: The vaccination deadline for covered federal contractors has been extended until January 18, 2022.

The federal government’s complicated multi-pronged approach to implementing COVID-19 safeguards related to federal contractors has left many confused.  We offer this brief guide to help contractors understand their obligations and the timelines for implementation.

On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40, which states that no entity in Texas can “compel” any individual, including any employee or consumer, to receive a COVID-19 vaccination who objects “for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.”  The order also establishes a maximum criminal penalty of $1,000 but expressly exclude

Alyesha Dotson and David Goldstein said the U.S. Supreme Court's ruling striking down affirmative action admissions policies at Harvard and the University of North Carolina offers an opportunity for employers to review their DEI programs and possibly establish more robust ones to help offset any effects of the ruling.

Law360

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Alexander MacDonald says Jarkesy's biggest effect on the NLRB might come not from what the court ruled, but from what it decided not to rule on.

Law360 Employment Authority

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Michael Lotito says the U.S. Supreme Court’s decision to nix Chevron deference sends a message to federal agencies that the days of administrative overreach are over.

Law360 Employment Authority

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Alexander T. MacDonald and Michael J. Lotito review four decisions in the U.S. Supreme Court's recently completed term and discuss how the rulings may affect employment law.

Westlaw Today

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Kathryn Siegel, Rachel Satinsky and Dru Selden assess the current landscape of restrictive covenants and the trend of federal agencies and states toward limiting noncompete provisions.

Law360

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Alex MacDonald says the NLRB's judges aren’t necessarily the sort of officers whom the president has the power to remove under Jarkesy and Supreme Court precedents.

Law360 Employment Authority

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Alexander MacDonald discusses the filing of an amicus brief with the U.S. Supreme Court asking the court to clarify a prior 1984 decision which, if successful, could weaken a new form of “exclusive representation” for unions.

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Raoul Parekh talks about current workplace issues reflected in Littler’s 2023 European Employer Survey Report, including remote work and a four-day work week.

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Sarah Bryan Fask says a long-awaited final rule from the Pension Benefit Guaranty Corp. describing interest rate assumption requirements for employers who pull out of multiemployer pension plans would be “very significant.”

Law360

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Michael Lotito shares his predictions for workplace training and labor management under Marty Walsh’s leadership.

Law360

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

HR Dive

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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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Stephanie Chavez offers advice to employers who are considering hiring individuals who have a criminal record.

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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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European companies are navigating a variety of social and equality-related issues impacting their workplaces and, according to Littler’s second annual European Employer Survey, are increasingly channeling their concerns into concrete actions.