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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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Puerto Rico Secretary of Labor Clarifies the Application of Act No. 27-2024

On September 10, 2024, the Puerto Rico Secretary of Labor issued an Opinion (No. 2024-02) to clarify and provide additional information about the application of Act No. 27-2024, known as the "Act to Facilitate the Implementation of Remote Work in the Private Sector and to Incentivize the Establishment of Airline Bases in Puerto Rico.” Act No. 27-2024 exempts from certain employment law coverage domiciled and non-domiciled employees working remotely from Puerto Rico for out-of-state employers with no business nexus to Puerto Rico, and certain unionized airline employees.  




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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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In Advance of July 1 Compliance Deadlines, Chicago Agency Posts Updated Guidance and Notices for the City’s Minimum Wages, Paid Leave, Fair Workweek Thresholds, and Required Notices

The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently posted updates to its website regarding minimum wage obligations, paid leave and paid sick and safe leave, new fair work week thresholds, and updated required labor notices. The compliance deadline for these obligations is July 1, 2024.




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More than one million fit notes issued for mental ill-health last year – what can HR do to help?

Sophie Vanhegan says employers must continue to shift culture and workplace dynamics to encourage greater awareness of and support for mental health matters. 

People Management

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Michigan Supreme Court Voids Existing Minimum (Cash) Wage and Paid Sick Leave Laws and Revives Old Laws

UPDATE: On August 21, 2024, the Attorney General and State of Michigan asked the Michigan Supreme Court to clarify – no later than September 15, 2024 – various rulings in its July 31, 2024 decision, e.g.: 1) How the state should calculate CPI adjustments for the preset minimum wage rates in 2025 through 2028; 2) Whether, aside from in 2025, future minimum wage rates will take effect on February 21 or January 1; and 3) Whether the court intended to have the minimum cash wage increase from 80% (2028) to 100% (2029) rather than 80% (2028), 90%




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National Day for Truth and Reconciliation (September 30): What Is it and Where in Canada Is it Observed as a Statutory Holiday?

What is it?

The Truth and Reconciliation Commission of Canada (TRC) was established in 2008 to document the history and legacy of residential schools, which were operated between the late 1800s and the late 1990s by the federal government and Christian churches as part of a federal policy to assimilate Indigenous peoples into Canadian society.




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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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2024 Southern California Breakfast Briefing Series - Fresno




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2024 Southern California Breakfast Briefing Series - Los Angeles




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2024 Southern California Breakfast Briefing Series - Irvine




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2024 Southern California Breakfast Briefing Series - San Diego




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Managing Unfair Competition: Critical Practices for the Employer in Asia




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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 Carolinas Regional Employer Conference




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2024 Southern California Regional Employer Conference




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Supreme Court's ruling on workplace sexual harassment provides clarification

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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Littler’s William Ng Named President-Elect of the Asian American Bar Association of New York

LONG ISLAND, N.Y. (February 25, 2021) – William Ng, a shareholder in the Long Island office of Littler, the world’s largest employment and labor law practice representing management, has been named president-elect of the Asian American Bar Association of New York (AABANY) effective April 1, 2021.




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IMS Insights Podcast: Episode 24 - Helene Wasserman on The Impact of Mentors

Helene Wasserman shares her view on how mentorships can positively impact career paths.

The National Law Review

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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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Littler Awarded Gold Standard Certification from the Women in Law Empowerment Forum

(July 12, 2021) – Littler, the world’s largest employment and labor law practice representing management, has received Gold Standard Certification from the Women in Law Empowerment Forum (WILEF) for the 11th consecutive year. WILEF grants Gold Standard status to firms that meet objective criteria concerning the number of women among equity partners, in firm leadership positions and in the ranks of their most highly compensated partners. Littler is one of only five firms that have been awarded Gold Standard Certification every year since WILEF began the award in 2011.




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Steven Friedman Explains Effects of Obama's Cap on Executive Salaries

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




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The Contractual Basis of Incentive Compensation Re-Emphasized: Restricted Stock in Lieu of Cash Wages Can Be Forfeited By Resignation in California

In Schachter v. Citigroup, Inc.,1 the California Supreme Court rejected claims that an incentive plan that conditioned the earning of restricted stock based on continued service was unlawful where the employee voluntarily elected to participate in the plan, and the employee quit before the date on which the incentive was earned. The plan was lawful even though the incentive plan was funded from wages that the employee would have otherwise received in cash.




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The Coming Regulatory Avalanche: Engineering Practical Employment and Labor Law Compliance Solutions

The focus of this 2011 Littler Report is to provide employers with information to prepare and plan for regulations recently passed and those currently making their way through the agency rulemaking process. Part One of this Littler Report will set the stage and define the challenge employers will face in the coming years as the Obama Administration enters the second half of its term.




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Complying with California’s New Written Commission Plan Requirements




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Complying with California’s New Written Commission Plan Requirements




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The Virginia Supreme Court on Damages, Equity Valuation, and the Significance of Delaware Corporations Law in the Termination and Removal of a Chairman and CEO

The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert qualifications required for the valuation of equity following the termination of the chairman and chief executive officer (CEO) ("executive") of a publicly-traded company, as well as the applicability of Delaware Corporations Law to related change in control (CIC) provisions. 

Background




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ACA Update: Fees and Reporting Requirements




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Using Measurement and Stability Periods under ACA




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Bills 47, 66 and 57: Everything You Need to Know About the Never Ending Changes to Ontario, Canada’s Employment Standards Act, 2000 and Labour Relations Act, 1995 and the Indefinite Delay of its Pay Transparency Act




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Ontario, Canada: Appellate Court Decides Employee Rights to Shares on Termination Governed by Shareholders’ Agreement

Update 2: On March 12, 2021, in Mikelsteins v.




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Ontario, Canada: What Is an Employee’s Entitlement to Incentive Plan Compensation during the Notice Period?

Updates: On November 12, 2020, in James Anthony Manastersky v.




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15 Key Developments in Canadian Labour & Employment Law in 2019

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:




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Employee Benefit and Executive Compensation Provisions in the CARES Act

Enacted on Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (H.R. 748, the “CARES Act” or the “Act”) is intended to stimulate the U.S. economy in light of the COVID-19 pandemic. The CARES Act contains a number of provisions relating to employee benefits and executive compensation, which are summarized below.

Retirement Plan Provisions




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Reopening and Rehiring During the COVID-19 Pandemic – Critical Employee Benefits and Executive Compensation Considerations

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.




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Scrapping the UK Banker Bonus Cap — What Next for Financial Services Pay?

Financial services firms regulated in the UK by both the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have long caused confusion, particularly in international financial services groups, with their complex regulatory pay structures and infamous bonus cap.




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USCIS Announces Upcoming H-1B Cap Lottery Dates and New Beneficiary-Centric Selection Process

USCIS has officially announced the dates for the fiscal year (FY) 2025 H-1B cap lottery, which will open on Wednesday, March 6, 2024 at noon ET and end on Friday, March 22, 2024, at noon ET. This annual lottery is meant to select new H-1B candidates, who will be eligible to file an H-1B petition and, if approved, begin H-1B employment on October 1, 2024 (the first day of FY 2025).




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USCIS to Implement Varying Filing Fees by Visa Category

In just two weeks, on April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will implement its new filing fee structure. The new fees will vary by visa type with exceptions for small employers and non-profit entities. A new Asylum Program Fee will also be added to certain petitions.

As an example of the upcoming changes, the following chart covers a comparison of the most common visa types:

VISA CATEGORY




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Call-to-Action: Immigration Protections for Migrant Families in the U.S.

In this pro bono podcast, Littler’s Lavanga Wijekoon speaks with Ellen Miller of the National Immigrant Justice Center, Jodi Ziesemer of the New York Legal Assistance Group and Laura Lunn of the Rocky Mountain Immigrant Advocacy Network about the work being done across the country to help immigrants and their families who are in desperate need of immigration protections.
   




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Not Selected in H-1B Cap Registration? There Are Options!

Foreign workers fill a critical need in the U.S. labor market, particularly in the professional and technological fields such as science, technology, engineering and mathematics (STEM). To fill this need, U.S. employers submit H-1B temporary worker visa status registrations with the United States Citizenship and Immigration Services (USCIS), which is a lottery-based system where registrations are selected from the congressionally allotted quota of 85,000.




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What Has Been Happening at OCAHO in 2023-2024?

  • The Office of the Chief Administrative Hearing Officer (OCAHO) has issued four decisions since February 2023 addressing the amount penalties imposed on employers for Form I-9 violations.
  • On average, OCAHO reduced such penalties by 24.36%




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Illinois Passes State Law Offering Protection to Employees from Unfair Enforcement of Employment Verification Practices

On August 9, 2024, Illinois Governor JB Pritzker signed Senate Bill 0508 (“SB0508”) into law. This new law provides additional employment protections for individuals flagged by an employment eligibility verification system, including federal E-Verify, as having identification discrepancies. The new rights and protections created by SB0508 will take effect on January 1, 2025. This evaluation does not address whether the state law directly restricts or curtails the use of E Verify.




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What Immigration Changes Can UK Employers Expect from the Labour Government?

Under the previous UK Home Secretary, James Cleverly, minimum salary thresholds for Skilled Worker visas were raised significantly and the 20% discount for shortage occupations were eliminated.

Both the Conservative and Labour manifestos vowed to lower immigration each year, leaving employers wondering what changes are on the horizon.

Review of IT and engineering roles




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Illinois Prohibits Unfair Enforcement of Employment Verification Practices

Deepti Orekondy and Jorge R. Lopez discuss the new rights and protections provided under lllinois’ new Senate Bill 0508, which provides additional employment protections for individuals flagged by an employment eligibility verification system.

SHRM

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Belgium: New Rules Apply in the Brussels Capital Region Regarding International Mobility

The rules on the employment of third-country nationals (which apply regionally) were recently amended in the Brussels Capital Region by an ordinance issued on February 1, 2024, and its implementing decree on May 16, 2024. The following is a summary of these new rules.




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Harris' Surge Renews Labor Advocates' White House Hopes

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

Law360 Employment Authority

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Election Talk Implicated in Mandatory Workplace Meeting Bans

Michael Lotito says captive audience meeting bans passed by more than half a dozen states are “intrusive” and “against fundamental First Amendment principles.”

Bloomberg Law

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