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Rethinking Training – Bystander Intervention and Diversity & Inclusion Sessions

Asha Santos, Shareholder in Littler’s Boston office, explains the purpose of bystander intervention training and the value of diversity and inclusion sessions in today's workplace.
 




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$2.49 million verdict underscores expansive USERRA protections

Bradford J. Kelley and James A. McGehee review a multimillion-dollar verdict for a U.S. Army veteran under the Uniformed Services Employment and Reemployment Rights Act and discuss the law's scope beyond other employment anti-discrimination laws.

Westlaw Today

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Punching In: Biden’s DOL Overtime Proposal Draws Business Gripes

Libby Henninger discusses the DOL’s proposal to expand overtime pay protections to more workers and why it may result in a legal battle.

Bloomberg Law

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House Hearing Highlights Real Estate Contractor Question

Jim Paretti explains his view about the independent contractor rule that applies to real estate agents, and how it’s reviving an ongoing debate weeks before the regulation is set to take effect.

Law360 Employment Authority

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Originalism, Social Contract, and Labor Rights: What the Reawakening of Natural Law Means for Exclusive Union Representation

Alex MacDonald explains why natural labor law and principles may soon return to center stage in the legal world. 

North Dakota Law Review

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4 Questions The Justices' Bias Ruling Leaves To Lower Courts

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

Law360 Employment Authority

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SCOTUS’s job transfer ruling raises greater risk of DEI disputes

Philip Berkowitz discusses the Supreme Court’s decision in Muldrow v. City of St. Louis that makes it easier for employees to bring workplace discrimination claims against unwanted job transfers.

International Employment Lawyer

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Stryker Worker Appeal Puts Focus on Early Leave for Child Birth

Jeff Nowak says this case will test when workers can take federal job-protected leave prior to a baby’s arrival and won’t drastically change life as we know it because employers are overwhelmingly supportive of their employees’ FMLA rights.

Bloomberg Law

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Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes, and Clarifies AI Use in Employment Decisions

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases proceeding through state courts and agencies.

Longer Statute of Limitations Period




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Philadelphia Hotel, Airport Hospitality, and Event Center Businesses Face Significant New Recall and Retention Obligations

Philadelphia has imposed significant new recall and retention obligations on hotel, airport hospitality, and event center businesses as they struggle to recover in this uncertain COVID-19 economy.  The new obligations are contained in a legislative package, styled as the Black Workers Matter Economic Recovery Package, which became law in Januar




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California Adopts Statewide “Right to Recall” Law for Certain Industries

Just about a year ago, in the early weeks of the COVID-19 pandemic, economic activity in many sectors went from red hot to nearly frozen, seemingly overnight.  The hospitality industry was particularly hard hit, as business and leisure travel evaporated.  Many businesses were forced to lay off workers, and California’s unemployment soared.




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Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate reorganization. In Segarra Rivera vs. International Shipping Agency, 2022 T.S.P.R. 33, 208 D.P.R. ____ (Mar.




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NLRB Finds Business Closure Illegal But Backs Off Order to Reopen

In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for employers seeking to close shop, especially those operating in multiple locations.




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As employers consider strategies for adapting the size of their workforces to meet changing business demands and technologies, what guidance should be top-of-mind?




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Validation of the labor reform in Congress: litmus test for the credibility of collective bargaining

Javier Thibault weighs in on the Spanish parliament’s recent labor reform agreement and its effects on the recovery and the labor market. 

Confilegal

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Massachusetts Revises Its Workers’ Compensation Notice Requirement

Stephen T. Melnick discusses the Massachusetts Department of Industrial Accidents (DIA)’s revised workers’ compensation notice for employees, which Massachusetts employers will start using Sept. 16, 2024.

SHRM

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Pension Insurer Preps Guidance to Stem Exodus From Failing Plans

Sarah Bryan Fask shares her insight about the future of pension plans for unionized employees.

Bloomberg Law

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Disability Benefits Policy Language Warrants Arbitrary and Capricious Standard of Review Despite Enactment of Anti-Discretionary Statute

A federal court in New Jersey recently applied the arbitrary and capricious standard of review for a denial of benefits claim despite the enactment of an anti-discretionary statute in Minnesota, which governed the benefit plan policy. Hocheiser v. Liberty Mut. Ins. Co., 2021 U.S. Dist. LEXIS 32154 (D.N.J. Feb. 22, 2021).




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DOL Issues Guidance on Use of Cryptocurrency in 401(k) Plans

On March 10, 2022, the Department of Labor issued guidance on the use of cryptocurrency in plans governed by ERISA.  The announcement applies to cryptocurrencies as well as digital assets, which include “tokens,” “coins,” “crypto assets” and any derivates thereof.




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D.C. Circuit Holds Withdrawal Liability Interest Rate Must Reflect Plan’s Investment Policy

On Friday, July 8, 2022, the U.S. Court of Appeals for the D.C. Circuit issued its decision in United Mine Workers of America 1974 Pension Plan v. Energy West Mining Company, joining the Sixth Circuit in holding that the assumptions used by a multiemployer defined benefit pension plan in calculating the amount of withdrawal liability owed by an exiting employer must reflect the actual and projected experience of the plan.




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DOL Issues Final Rule for ERISA Fiduciaries Considering Socially Conscious Investments

Employers offering 401(k) and similar retirement plans should familiarize themselves with a new rule published by the Employee Benefits Security Administration of the U.S. Department of Labor, Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights, which takes effect on January 30, 2023.




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Fourth Circuit Establishes New Standards for Plaintiffs Seeking Unjust Enrichment as an Equitable Remedy under ERISA

  • The Fourth Circuit weighed in on the complex area of equitable relief under ERISA § 502(a)(3), holding that recovery under an unjust enrichment theory may provide claimants with an alternate path to monetary relief under the statute.




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Dutch Non-Compete Clauses Explained

Jasper Hoffstedde and Eric van Dam of Littler’s Amsterdam office discuss non-compete clauses in Dutch employment agreements. A non-compete clause may be agreed upon in writing in indefinite-term employment agreements with a person of age (18+). For fixed-term employment agreements, additional conditions apply. Such conditions are strict, which more often than not lead to invalidity or voidability of the clause.




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The Termination Clause in Dutch Employment Agreements Explained

Jasper Hoffstedde and Fleur van Lieshout of Littler’s Amsterdam office discuss the termination clause in Dutch employment agreements. The termination clause seems an easy and straightforward clause; you simply invoke the clause and terminate employment, right? For the employee that is indeed in the case, but the employer has another hoop to jump through if the employee doesn’t want to agree to termination. He then has the obligation to substantiate the reason for termination, the so-called valid ground.




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Help Wanted in Understanding What Types of Advertising Outreach Employers Must Do Before Hiring Foreign Nationals

Before offering a foreign national a permanent position, an employer must demonstrate to the Department of Labor that it tested the market and could not find a U.S. worker to fill the role. How can an employer show it properly tested the U.S. labor market to satisfy the DOL’s requirements under the Program Electronic Review Management (PERM) process?




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Pro Bono Week Podcast – National Immigrant Justice Center Asylum Case

Jeronimo Simonovis and Lavanga Wijekoon discuss an asylum case before U.S. immigration authorities that Jeronimo won involving a woman and her 8-year-old son.

Littler attorneys provide pro bono services in a variety of areas, depending on the interests of individual attorneys. The firm values and encourages the community-minded and pro bono efforts of our lawyers and staff.
  




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Layoffs/RIFs – A Discussion on Strategies for Immigration Compliance

An increasing number of employers, especially those in the tech industry, are conducting layoffs or reductions in force. What happens to foreign workers in these situations, whose work visas are often tied to their jobs? What options are available to foreign nationals who are in the process of obtaining permanent residency or are seeking to retain employment so as not to jeopardize their visa status? What notification requirements do employers have in these situations?




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Celebrating Disability Pride Month: Adding Disability Inclusion to the Inclusion, Equity & Diversity Conversation

In celebration of Disability Pride Month, Jennifer Duke, Littler Learning Group Director and attorney, talks with Anna Curry Gualano, Littler Principal and co-chair of the firm’s Individuals with Disabilities affinity group, about the importance of disability inclusion and its impact in the workplace for both employers and employees.
  




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Pro Bono Week Podcast – Seeking Justice for a Neurodiverse Individual on Death Row

Emily Linn talks with Breanne Martell about the amicus brief she assisted with to seek justice for a neurodiverse individual, Robert Leslie Roberson, who was convicted of murder based on science that has now been debunked.

Our Littler attorneys demonstrate their pro bono commitment by providing significant pro bono efforts to community organizations. These services cover a variety of areas, depending on the interests of individual attorneys. Overall, the firm values, encourages and respects the community-minded and pro bono efforts of our lawyers and staff.
  




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Celebrating Disability Pride Month: Image of Inclusion – Advocating for Inclusive Visual Representation

Littler’s Anna Curry Gualano is joined by her father, Ashley Curry, to discuss their advocacy work in Alabama to update the traditional accessibility symbol to one that is more inclusive and empowering.
  




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Revised Poster Requirement in Massachusetts Starting September 16, 2024

The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024.




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Pittsburgh Ordinance Bans Tests for Many Prospective and Current Employees Who Use Medical Marijuana

On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it effective immediately.




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California Health Care Employers Must Implement California Health Care Minimum Wage Raise By October 16, 2024

Last fall, California enacted Senate Bill 525, which substantially raises the base minimum wage for health care workers over time to $25 per hour.  The first incremental increase above the general state minimum wage was scheduled to occur on June 1, 2024.  However, there were several delays and amendments to the law due to its impact on the California budget.  After the last delay in late June, health care employers did not have a clear answer t




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Doesn’t the Pregnant Workers Fairness Act just require employers to treat pregnant employees just like they treat employees with disabilities?




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Legal-Ease: Your Lawyer as Your Business Consultant

Kristy Peters shares her legal insight on recent changes in labor and employment laws.

Greater Phoenix In Business Magazine

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DOL Issues “AI & Inclusive Hiring Framework” Through Non-Governmental Organization

On September 24, 2024, the U.S.




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Ontario, Canada Human Rights Tribunal Establishes That Employers’ Duty to Accommodate Family Status with Shift Changes Is not Unlimited

  • Human Rights Tribunal of Ontario clarified that an employer’s duty to accommodate an employee’s family status with shift changes is not unlimited.
  • Employees must co-operate in the accommodation process and cannot reject an employer’s offer of accommodation that is reasonable in the circumstances.




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California Expands Paid Sick Leave Uses for Crime Victims and Agricultural Employees, and Changes Unpaid Leave Standards for Victims

  • Paid sick leave will be available when a family member is a victim of domestic violence, sexual assault, stalking, or other crimes.
  • Paid sick leave will be available for “preventive care” of agricultural employees who work outdoors when there is a smoke, heat, or flooding emergency.
  • Unpaid leave protections for victims of domestic violence, sexual assault, stalking, or other crimes have been revised.




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How HR and In-House Legal Can Help Prevent and Respond to the Next Killer Data Breach




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2024 Houston Regional Employer Conference




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Success by the Numbers: The benefits and pitfalls of measuring Diversity, Equity & Inclusion

As more and more employers take steps to improve Diversity, Equity, and Inclusion in the workplace, there’s an increasing demand to know if those measures are successful. In this podcast, Alyesha Dotson, Littler Shareholder, discusses ways in which employers can track progress in their DE&I efforts without tripping over legal hazards, and gauge individual and organizational change.
  




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Inclusion Interrupted: Charting a Path for Reconnecting, Post-COVID

One year into a global pandemic, with vaccinations underway, we are eagerly preparing for social “re-entry.” But how do the isolating behaviors that we have now perfected – in the interest of sheer survival – bode for the concept of “inclusion” in a post-pandemic world?

Littler Principal Cindy-Ann Thomas and her guest, Enidio Magel, Managing Director and Founder of the Multicultural Institute, consider:




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Littler Appoints New Leadership to Its Affinity Groups and Diversity & Inclusion Council

(March 22, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce new leadership for its ‘Ohana and Reunión affinity groups. Additionally, the firm’s Diversity & Inclusion (D&I) Council added six new members.




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Pink quotas, inclusion and conciliation: what 11 women at the top think

Erin Webber shares how inclusion, equity and diversity has positively impacted her legal career at Littler. 

L'Economia

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Moving Diversity, Equity and Inclusion Programs Forward - Part 1




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Alumnus leads bar association, combats racism

William Ng shares how he plans to use his president-elect status of the Asian American Bar Association of New York (AABANY) to help Asian Americans advance in the legal profession while combating racism. 

Binghamton University Alumni Connect

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Moving Diversity, Equity and Inclusion Programs Forward - Part 2: A DE&I Training Session - Fostering a Diverse, Inclusive and Respectful Culture




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EEOC greenlights coronavirus vaccine requirements, incentives — with some limits

Barry Hartstein explains his view of the EEOC’s vaccination incentives.

HR Dive

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Common Issues, Common Cause

In celebration of Pride Month, Jennifer Youpa (Dallas) interviews Shareholder and Littler Board Member Lee Schreter (Atlanta) about Lee’s experience coming out as a lesbian woman, the challenges and opportunities of intersectionality, and strategies for improved inclusion, equity and diversity across the legal profession.
  




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Is Your Company Ready for Diversity, Equity, and Inclusion?