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Canada's Federal Pay Equity Act Takes Effect on August 31, 2021

Rhonda Levy and Barry Kuretzky examine Canada’s federal Pay Equity Act and offer tips to employers for establishing a pay equity plan.

Human Resources Director Canada

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More Employer Vaccine Mandates Are Coming After Pfizer's Full Approval

Barry Hartstein discusses the findings of Littler’s Delta Variant Update report and what they reveal about employers’ current thinking surrounding vaccine mandates.

Corporate Counsel

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The Fashion Industry Meets Human Rights Due Diligence: New York’s Proposed “Fashion Sustainability and Social Accountability Act”

In January 2022, the New York State Senate introduced a bill that seeks to impose significant human rights and environmental due diligence and disclosure obligations on fashion retail sellers and manufacturers operating in the state of New York.  As we reported previously, 2021 saw a number of international and regional legislative efforts to impose human rights due diligence and disclosure obligations on multinational employers.




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Do mandatory vaccination policies infringe on Charter of Rights and Freedoms?

Rhonda B. Levy and George Vassos write about a case in which a Canadian judge finally ruled on whether or not COVID laws are in breach of human rights.

Human Resources Director Canada

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Legal decisions on mandatory coronavirus vaccination policies favouring employers

George Vassos says arbitrators have largely favored employers’ vaccination policies, but employers don’t have carte blanche. 

Benefits Canada

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Canada’s Proposed Modern Slavery Act Would Impose Significant Annual Reporting Obligations on Certain Private-Sector Entities

  • Bill S-211 would enact the Modern Slavery Act, which would require covered employers to report annually on efforts to combat forced and child labour.
  • If the Modern Slavery Act receives Royal Assent in 2022, it will take effect January 1, 2023, and employer reporting requirements will commence May 31, 2023.
  • Non-Canadian entities that do business in Canada and meet the size and activity requirements might be subject to this law.




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Dealing with human rights complaints in unionized workplaces

Rhonda B. Levy and Douglas Sanderson examine The Human Rights Tribunal of Ontario preliminary hearing to determine whether allegations made under the Human Rights Code fell within the exclusive jurisdiction of a labour arbitrator, or whether the Tribunal had concurrent jurisdiction over employment-related human rights matters in a unionized workplace. 

Human Resources Director Canada




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Temporary foreign worker awarded $300,000 for workplace abuse, but denied tort of labour trafficking

Rhonda Levy comments on an Ontario Supreme Court ruling in which the court struck down a claim made by a temporary foreign worker seeking damages against his employer for the statutory tort of human trafficking.

Law Times

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Business and Human Rights for Small Companies – What is the Impact of the German Supply Chain Due Diligence Act on the Supplier Side?

  • The new German Supply Chain Due Diligence Act imposes new obligations on larger companies, which must, among other things, check their entire supply chain for violations of human rights and environmental concerns.
  • Companies that are not yet directly covered by the scope of application—i.e., suppliers—are also indirectly affected, as they are subject to comparable obligations.




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Canada Passes Modern Slavery Act

On May 11, 2023, Canada passed An Act to enact Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (the “Act”). As we reported previously, the Act will create supply chain transparency and reporting obligations for certain companies as part of Canada’s efforts to fight against forced labour and child labour in Canadian supply chains.




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Texas Governor Signs Preemption Bill, CROWN Act, and Other Legislation into Law

The Texas legislature meets only for approximately six months every other year. This session, many bills signed into law impact employers. This article summarizes some of these new laws and how they impact employment operations in the State of Texas.

State Preemption of Conflicting Local Laws (AKA the “Death Star Law”)




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The CSDDD Effect: Assessing the Impact of the EU’s Impending Corporate Sustainability Mandate on Japanese Companies

Lavanga Wijekoon and Aki Tanaka explore the significant impact of the European Union’s expected Corporate Sustainability Due Diligence Directive (CSDDD) on global corporate responsibility, with a specific focus on its implications for Japanese companies.

Institute for Security and Development Policy

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New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16

Lavanga V. Wijekoon and Emily Linn examine a new Illinois law (SB 1782) that enhances restrictions on the employment of minors and imposes certain new civil and criminal penalties on violating employers.

SHRM

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Data Security, Actual AI and Law’s Acceptance of Tech Spell the New Forefront of Law

Zev Eigen considers artificial intelligence and predictive coding to be tools in making better informed hiring decisions. 

Corporate Counsel

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Can Data Solve Employers' Compensation Headache?

Zev Eigen comments on the value of data in making decisions on compensation.

HR Dive

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Curtailing Workplace Harassment … with a Robot?

Marko Mrkonich comments on the current capabilities of artificial intelligence in the workplace.

Workforce

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4 Places BigLaw Is Putting Its Tech Budget Dollars

Scott Rechtschaffen talks about cybersecurity enhancements and the importance of investing in technology. 

Law360

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Massachusetts Attorney General Publishes Long-Anticipated Guidance on the Revised Pay Equity Law

The Massachusetts Attorney General has recently published an Overview and Frequently Asked Questions (the “Overview”) regarding the amendment to the Massachusetts Equal Pay Act, set to take effect on July 1, 2018.  The Overview answers many questions that employers have been asking about this wide-ranging new law.  The Overview also confirms the importance of an employer self-evaluation, offering some direction on what types of evaluations are appropriate, and explaining how it could protect a company from liability under the law.

The New Equal Pay Act




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In Their Words | Using Analytics and AI in Legal Practice

Lee Schreter discusses the impact of artificial intelligence and data analytics on the practice of law. 

Georgia State News

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Littler Survey Finds Employers Reeling from Regulatory Shifts and New Forces Impacting the Workplace

Seventh annual survey of more than 1,100 employers reveals how companies are responding to rapid social and political changes




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Littler and Prime Policy Group Release Joint Report on the Impact of AI and Automation on the American Workforce

Report Explores the Myriad Issues Related to Technology-Induced Displacement of Employees (TIDE)




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Littler Survey: Employers Reeling from Regulatory Shifts, New Forces Impacting Workplace

Littler attorneys comment on the results of Littler's Annual Employer Survey and analyze the impact that sweeping regulatory changes and other factors, including the #MeToo movement, have on employers.

General Counsel News

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ILTACON 2018: Emerging Roles in Legal Technology (Part 1)

Aaron Crews explains how data scientists can help attorneys with efficiencies and innovations both internally and externally.

Legal Executive Institute

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ILTACON 2018: Emerging Roles in Legal Technology (Part 2)

Aaron Crews offers advice on how law firms' innovation efforts can be more successful.

Legal Executive Institute

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Littler Survey Finds Employers Responding to Robust Federal Enforcement, Active State Legislatures and Ongoing #MeToo Movement

Eighth annual survey of more than 1,300 employers finds HR and business leaders grappling with increasingly complex compliance challenges, focused on preventing workplace harassment and pay inequality




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What Should Employers Do About the California Consumer Privacy Act?

Philip Gordon suggests steps that employers should take in response to the privacy act.

SHRM Online

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Synthetic Reality & Deep Fakes: Considerations for Employers and Implications of the Rise of Deep Fakes in the Workplace

In an age where computer generated imagery (CGI) and digital effects enable entire film genres to exist, like Marvel’s superhero series the Avengers or Guardians of the Galaxy, audiences have no expectation that movies they consume depict actual events or reflect reality. It is therefore reasonable to assume that the context and forum of how digital media and information is communicated, observed and consumed informs our default expectations of it.




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Digitization of the Workplace: The Impact of AI and Automation on the American Workforce

In this podcast, Aaron Crews, Littler’s Chief Data Analytics Officer, Natalie Pierce, co-chair of Littler’s Robotics, AI and Automation Practice Group and Diversity and Inclusion Council and Garry Mathiason, co-chair of Littler’s Robotics, AI and Automation Practice Group discuss what impact AI and automation will have on employers in the future.
 




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What Will AI Mean for the Practice of Law?

Associate Matt Scherer, member of Littler’s Robotics, AI and Automation Practice Group and Data Analytics team, and Andrew Arruda, founder of Ross Intelligence, discuss how AI is being used in the practice of law, such as in legal research and contract review.




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Littler’s Chief Knowledge Officer and Cornell Law Students Discuss How Hands-on Tech Training Enhances the Practice of Law

In this podcast, Littler’s Chief Knowledge Officer, Scott Rechtschaffen, talks with his Cornell Law School students about the potential for lawyers to use software to develop practical tools for the delivery of legal services. During their semester, the students experienced how to take their growing knowledge of the law, identify a problem, coordinate with subject matter and technical experts, and create a legal app designed to assist users, who might be either clients or fellow attorneys.




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Workplace Litigation: Why US Employers Are Turning to Data

Aaron Crews describes the use of data in determining liability and building arguments in wage and hour lawsuits.

Financial Times

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New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16

  • Illinois has enacted the Child Labor Law of 2024, which enhances restrictions on the employment of minors in the state, and creates new employer obligations.
  • The new law includes civil and criminal penalties for violations.




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Cross-Border Legal Perspectives: Comparing the UK and Germany's Approaches to Unfair Dismissal

Welcome to our new bi-monthly series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with these issues every day.

The first article in our series compares the new UK Government’s proposed changes to unfair dismissal protection with the law in Germany to see if there are any lessons that can be learned for UK employers from Continental Europe.

What’s to come in the UK?




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8 Steps for Addressing Bullying in the Workplace

Kevin O’Neill co-authored this article about how employers can combat workplace bullying.

Corporate Counsel

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8 Steps for Addressing Bullying in the Workplace

Katherine Cooper Franklin co-authored this article about how employers can combat workplace bullying.

Corporate Counsel

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Labor & Employment Law Developments: Looking Back at 2015 and Ahead to 2016 - San Jose




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Are Your Compliance Training Efforts Keeping Pace With Industry Standards?

As 2017 winds down, and the window closes to complete any mandatory training, Kevin O’Neill, Senior Director of Littler Learning Group, chats with Dawn McKenney-Maxwell of Littler’s Knowledge Management team about employer training initiatives. Kevin identifies hot topics – social media and bystander training, for example – and reviews employer anti-harassment training duties, particularly in California. Kevin discusses how training approaches continue to evolve and how employers can embrace new trends and technology to make employee training more effective.
 




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New York Sexual Harassment Laws – The City Commission Publishes Poster and Fact Sheet

UPDATE: This article was updated on August 15, 2018.

In April 2018, New York State and New York City each adopted expansive legislation directed at educating employees about workplace sexual harassment and reducing the incidence of harassment claims, as we reported in our prior article

New Poster for NYC Employers:




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California Pushes Back Start Date for Small Business Anti-Harassment Training Requirement

On August 30, 2019, California Governor Gavin Newsom signed Senate Bill 778, revising mandatory anti-harassment training deadlines, and resolving confusion about retraining requirements for certain employees who already received training in 2018 or 2019.




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California’s Continued Reaction to #MeToo Two Years Later – the Good, the Bad, and the Ugly

Helene Wasserman, Los Angeles-based Littler Shareholder and Trial Practice Group Co-Chair, reflects on some good, bad, and ugly impacts of the #MeToo movement since its inception, including recent legislative developments affecting California employers in particular. Discussing training, arbitration agreements, and the extended statute of limitations for FEHA claims with Littler Learning Group’s Marissa Dragoo, Helene provides insights and guidance for California employers as we move into the third year of the cemented #MeToo movement.
 




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A Supervisor’s Guide to Preventing Workplace Harassment | California Compliant




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A Supervisor’s Guide to Preventing Workplace Harassment | California Compliant




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A Supervisor’s Guide to Preventing Workplace Harassment | California Compliant




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A Supervisor’s Guide to Preventing Workplace Harassment | California Compliant




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New Executive Order Seeks to Regulate Diversity Training by Federal Contractors and Grant Recipients

Update: On December 22, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Executive Order 13950.




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Veteran Wins Lawsuit Over Lack of Disability Accommodation

Bradford Kelley comments on a case that he says shows several ways in which USERRA is more far-reaching than other employment anti-discrimination laws even though it gets less attention.

SHRM Online

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SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts

On November 30, 2023, the Colorado Court of Appeals in Tender Care v.




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New York City Council Passes Bill that Would Create a Private Right of Action under the Earned Safe and Sick Time Act

Update: This law was enacted on January 20, 2024.  It goes into effect March 20, 2024.

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AI and Workplace Monitoring

Bradford J. Kelley says employers are increasingly using AI and other technology to measure or enhance worker productivity and efficiency.

Asian Robotics Review

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SpaceX’s Bid to Upend NLRB Follows Signals From Supreme Court

Alexander MacDonald comments on the implications of SpaceX’s lawsuit against the NLRB, which alleges that the board violates constitutional separation of powers and due process protections by wielding different types of authority in the same case.

Bloomberg Law

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