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DOL Opinion Letter Offers Additional Insight Regarding Regular Rate Treatment of Expense Reimbursement Payments

On November 8, 2024, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2024-01.  This letter provides additional clarity about whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime pay under the Fair Labor Standards Act (FLSA).  




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Ontario, Canada Appellate Court Provides Guidance to Employers on How to Draft Employment Settlement Documents

  • The Court of Appeal for Ontario found that settlement documents signed after an employee separated from employment prevented him from suing for the value of vested stock options.
  • The OCA emphasized that the employee had executed the settlement documents with the benefit of legal advice and that they clearly released the employee’s entitlement to the damages claimed.




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New amendments to California bill clarify scope of prohibition on junk fees for restaurant industry

Stacey James and Jamie L. Santos discuss a California amendment that seeks to allow restaurants to support higher wages and benefits while clearly disclosing service fees to consumers upfront.

Wolters Kluwer

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Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

  • The California Court of Appeal’s decision on February 9, 2024 immediately restores the California Privacy Protection Agency’s enforcement power.
  • The decision impacts finalized regulations – which are no longer subject to enforcement delay. 
  • Upcoming and pending regulations are unlikely to face enforcement delay once finalized.




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Brazil Data Protection Law – Litigation in the Context of Employment

  • Employers operating in Brazil will likely see an uptick in litigation involving claims filed under the country’s Data Protection Law (LGPD).
  • The Brazilian National Data Protection Agency, the entity charged with enforcing the LGPD, recently issued new guidance on this law.

The Brazilian Data Protection Law (LGPD) in effect since 2020 is starting to show its effects in the litigation landscape.




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Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

  • Despite the broad range of artificial intelligence technologies and the flurry of new laws regulating them, virtually all laws regulating how these technologies process data follow the same basic framework.
  • This means employers can follow a relatively straightforward checklist around the world to work through the major data protection issues.
  • This Insight walks through the checklist and identifies significant variations between regions and countries.




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Crash Course in U.S. Employment Law: How a Multinational Based Outside the United States Can Avoid Big Mistakes Managing a U.S. Workforce

  • Multinationals based outside the United States that enter the U.S. market and employ U.S. staff tend to encounter hurdles, and to make mistakes, because the U.S system of labor/employment regulation is of a fundamentally different character from those of every other country in the world.  




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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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Employers Expect Increased Regulatory Enforcement Amid Legislative Slowdown in Election Year, Littler Survey Finds

(May 8, 2024) – In an election year that could significantly impact the future of employment and labor law, U.S. employers expect heightened regulatory enforcement as they navigate a host of workplace issues, including the disruptive impact of artificial intelligence (AI) and managing divisive political beliefs among employees.




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GDPR Day 2024: A Look at Past, Present and Future Developments in the UK

May 25th marked six years since the General Data Protection Regulation has been in effect.

Since it was implemented, GDPR has been regarded as the gold standard for data protection legislation across the world. The implementation of GDPR signaled the European Union’s firm stance on data privacy and security, demonstrated by the large fines introduced for businesses that violate GDPR standards. The GDPR is retained in the UK’s domestic law as UK GDPR, which sits alongside the Data Protection Act 2018.




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Legal-Ease: Your Lawyer as Your Business Consultant – A Labor & Employment Perspective

Kristy Peters discusses how employment law attorneys can be critical partners for employers to help them identify challenges and opportunities for their business.

InBusiness Phoenix

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Implications for Employers of Colorado’s New Biometrics Law

  • Effective July 1, 2025, an amendment to the Colorado Privacy Act will impose new requirements on companies that collect and use biometric information.




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Forthcoming Additions and Modifications to Employment Laws in Colorado

  • Colorado enacted several new laws this session affecting employers.
  • New statutes and amendments add protections for delivery network company drivers, amend the state’s non-compete law, add new protected classifications, create tort liability for AI algorithmic discrimination, amend the state’s privacy act, and lower the threshold for qualifying as a small employer for health benefits purposes, among other changes.




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Implications for Employers of Colorado’s New Biometrics Law

Zoe M. Argento, Philip L. Gordon, Kwabena A. Appenteng, Orly Henry and Alyssa Daniels discuss the Biometric Amendment, an amendment to the Colorado Privacy Act that requires employers to obtain consent before collecting and using biometric information.

SHRM Online

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New Colorado Employment Laws Enacted, Other Statutes Modified

Thomas W. Carroll, Matt Freemann, David C. Gartenberg and Billie Jo M. Risheim provide an overview of the significant new laws passed during the 2024 legislative session that affect Colorado employers.

SHRM Online

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New Colorado Law Protects Consumer Biological and Neural Data

Zoe Argento talks about the new compliance requirements for employers under Colorado’s biometric privacy law.

Law Week Colorado

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Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The Amendment is a milestone in the broader ongoing effort to resolve BIPA’s vague statutory language and courts’ expansive interpretations of the law, which have resulted in businesses across Illinois paying hundreds of millions of dollars to settle the 1,000+ BIPA class actions filed in state and federal courts to date.




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BIPA Reform Becomes Law, But Damages Concerns Persist

Orly Henry says a recent BIPA amendment is an important change that will help protect businesses and help Illinois remain competitive in the global economy.

Law360

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Politics in the Workplace and the Risks of Social Media

  • How employers address employees’ use of social media as a forum to engage on political issues entails a range of considerations.
  • Social media’s potential to reach an outsized audience compared to traditional venues for political discourse may increase the negative effects of controversial political speech in the workplace.




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The Risks Of Employee Political Discourse On Social Media

Bradford Kelley and James McGehee discuss the potential risks for employers when employees use social  media for political purposes.

Law360

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Calif. Becomes Latest To Ban 'Captive Audience' Meetings

Michael Lotito comments on states banning captive audience meetings.

Law360

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Just 11% of Legal Departments Predict Gen AI Will Be 'Transformative,' As Its Honeymoon Phase Fades

Marko Mrkonich says it’s important for companies to establish their AI compliance framework at the beginning, instead of after employees have already gotten used to deploying AI in certain ways.

Corporate Counsel

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New GC Memo May Rein In 'Stay Or Pay' Schemes

Tyler Sims discusses what General Counsel Jennifer Abruzzo’s tough stance on stay or pay could mean for employers.

Law360 Employment Authority

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An Accidental Outcome? Alex MacDonald returns to discuss how the NLRA’s success has resulted in fewer unions & what might happen under a new administration in DC

Alex MacDonald discusses his article “The Accidental Success of the NLRA: How a Law About Unions Achieved Its Goals by Giving Us Fewer Unions” on a podcast.

Labor Union News

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Alumni Spotlight — Meet Erin Webber

Erin Webber talks about how her father inspired her future career in labor and employment law and recalls her journey to become the Managing Director of Littler. 

MIZZOU Magazine

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NYC Pet Leave Bill Marks 'Radical Departure' In Sick Time Use

Kelly M. Cardin provides insight about why New York City is expanding its sick leave law to let workers use it to care for pets and service animals.

Law360

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AI in the Workplace: Labor Department Issues Best Practices for Employers

Bradford J. Kelley stresses to employers the importance of implementing safeguards when considering adopting AI technologies.

Thomson Reuters

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Six high-stakes employment rules that could tilt on the election

Michael Lotito, Jim Paretti, and Shannon Meade discuss what a new administration will mean for employment law and employers.

American City Business Journals

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What A Trump Or Harris Win Means For Stalled Noncompete And Overtime Rules

Jim Paretti and Shannon Meade discuss how the election will affect the fate of overtime and noncompete laws.

Forbes

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What a Trump return would mean for the EEOC

Jim Paretti talks about how the EEOC’s recent work may be affected by the election results.

POLITICO Pro

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Labor Department’s Pro-Worker Push Imperiled in Trump’s Return

Jim Paretti says many Biden-era wage and hour and other policies are likely not long for this world under the Trump administration.

Bloomberg Law

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4 employment actions to expect under a second Trump presidency

Michael Lotito, Jorge Lopez, Shannon Meade and Jim Paretti say employers are likely to see immigration raids, agency chair replacements, a slowing in regulatory activity and DEI limitations under the Trump administration.

HR Dive

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Trump's Second Term Poses Range Of Outcomes For NLRB

Michael Lotito talks about what may happen with NLRB nominations under the Trump administration.

Law360

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Texas Court to Weigh Overtime Rule With Trump Rescission Looming

While the state of Texas and businesses tries to convince a federal district court that the US DOL went beyond its authority with a rule expanding overtime protections, Jim Paretti says that if employers in Texas continue operating business as usual, they will be doing so at their own risk.

Bloomberg Law

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Labor & Employment Firms Expect Demand Surge as Bosses Face Uncertainty Over Rules Changes

Amidst question marks with the NLRB and workplace regulations because of the new administration, Michael Lotito says employers should consult their counsel about preventative steps.

The American Lawyer

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3 GOP States Join Paid Sick Leave Movement, Passing Ballot Measures by Wide Margin

Shannon Meade says Democrats and Republicans both want to make progress on paid leave, but no one is sure whether a national paid leave program will be among their priorities.

Corporate Counsel

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ETSI releases a standard for NFV Deployment Templates

ETSI releases a standard for NFV Deployment Templates

Sophia Antipolis, 30 January 2019

It provides the foundations of an open ecosystem

The ETSI Industry Specification Group (ISG) on Network Functions Virtualisation (NFV) ended 2018 on a bright note, with the publication of the first version of ETSI GS NFV-SOL 001, the specification of NFV descriptors based on the Topology and Orchestration Specification for Cloud Applications (TOSCA). 

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ETSI releases cybersecurity specification to secure sensitive functions in a virtualized environment

ETSI releases cybersecurity specification to secure sensitive functions in a virtualized environment

Sophia Antipolis, 6 February 2019

The ETSI Technical Committee on Cybersecurity (TC CYBER) has just released ETSI TS 103 457, that tackles the challenge of secure storage - where organizations want to protect customer data whilst still using a cloud that is not under their direct control.

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ETSI Multi-access Edge Computing opens new working group for MEC deployment

ETSI Multi-access Edge Computing opens new working group for MEC deployment

Sophia Antipolis, 14 February 2019

The +85 members of the ETSI Multi-access Edge Computing group (ETSI MEC ISG) are thrilled to announce the creation of the Deployment and Ecosystem Development working group (WG DECODE).

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ETSI releases first globally applicable standard for consumer IoT security

ETSI releases first globally applicable standard for consumer IoT security

Sophia Antipolis, 19 February 2019

The ETSI Technical Committee on Cybersecurity (TC CYBER) has just released ETSI TS 103 645, a standard for cybersecurity in the Internet of Things, to establish a security baseline for internet-connected consumer products and provide a basis for future IoT certification schemes.

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ETSI Licensed Shared Access specifications for a trial in Portugal to support 5G deployment

ETSI Licensed Shared Access specifications for a trial in Portugal to support 5G deployment

Sophia Antipolis, 27 March 2019

Spectrum usage in the mid-term will tend to focus more on spectrum sharing among the various radiocommunications systems, as a principle rather than as an exception and technological and regulatory solutions need to be found that allow for this implementation. With 5G coming soon, Licensed Shared Access (LSA) gives carriers new spectrum capabilities in the absence of incumbent.

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22nd Global Standards Collaboration meeting convenes world’s leading standards bodies in Montreux, Switzerland

22nd Global Standards Collaboration meeting convenes world’s leading standards bodies in Montreux, Switzerland

Sophia Antipolis, 28 March 2019

The 22nd meeting of the Global Standards Collaboration (GSC), a high-level gathering of the world’s leading information and communication technologies (ICT) standards organizations, took place from 26-27 March 2019, hosted by IEC (International Electrotechnical Commission) and ISO (International Organization for Standardization) in Montreux, Switzerland.  GSC members shared their priorities and focused on Smart Sustainable Cities and AI (Artificial Intelligence). 

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ETSI re-elects Director-General Luis Jorge Romero

ETSI re-elects Director-General Luis Jorge Romero

Sophia Antipolis, 2 April 2019

During their 73rd General Assembly, 2-3 April 2019, ETSI members re-elected the current ETSI Director-General Mr. Luis Jorge Romero with an overwhelming majority on the first ballot.

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ETSI and the Linux Foundation sign Memorandum of Understanding enabling industry standards and Open Source collaboration

ETSI and the Linux Foundation sign Memorandum of Understanding enabling industry standards and Open Source collaboration

San Francisco, US, and Sophia Antipolis, France, 26 April 2019

Today, the Linux Foundation, the nonprofit organization enabling mass innovation through sustainable open source, signed a Memorandum of Understanding with ETSI, the independent organization providing global standards for ICT services across all sectors of industry, to bring open source and standards closer and foster synergies between them.

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ETSI launches a new group on information exchange between maritime surveillance authorities

ETSI launches a new group on information exchange between maritime surveillance authorities

Sophia Antipolis, 3 May 2019

ETSI has recently launched a new Industry Specification Group on a European Common Information Sharing Environment Service and Data Model (ISG CDM). The ETSI group will define technical standards to allow data exchange among different maritime legacy systems in a cooperative network. Enhancing information exchange between maritime surveillance authorities is one of the key strategic objectives of the European Union under the Integrated Maritime Policy with increased coordination between different policy areas (transport, environmental protection, fisheries control, border control, general law enforcement, customs and defence).

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ETSI specifications on licensed shared spectrum successfully implemented in the Netherlands for the entertainment industry

ETSI specifications on licensed shared spectrum successfully implemented in the Netherlands for the entertainment industry

Sophia Antipolis, 8 July 2019

After a successful pilot in 2017, the Dutch administration (Radiocommunications Agency Netherlands) has decided to implement Licensed Shared Access (LSA) technology, based on ETSI specifications.

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ETSI issues report on IoT devices for emergency communications

ETSI issues Report on IoT devices for emergency communications

Sophia Antipolis, 1st of August 2019

Since the Internet has matured, society has become more interconnected, as have the devices used to enhance everyday lives.

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Developers at MEC Hackathons endorsed by ETSI challenged to trial edge computing for 5G in UK and China

Developers at MEC Hackathons endorsed by ETSI challenged to trial edge computing for 5G in UK and China

Sophia Antipolis, 27 September 2019

The successful second edition of the MEC Hackathons endorsed by ETSI recently ended in two different parts of the world simultaneously on 17-18 September in London (UK) and Shenzhen (China).

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Mission Critical Implementations tested during the fourth ETSI MCX Plugtests

Mission Critical Implementations tested during the fourth ETSI MCX Plugtests

Sophia Antipolis, 30 September 2019

The 4th ETSI MCX PlugtestsTM have concluded with a success rate of 95% of the executed tests in the validation of 3GPP mission critical services vendor interoperability.

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ETSI NFV Release 4 empowers orchestration and cloud enabled deployments

ETSI NFV Release 4 empowers orchestration and cloud enabled deployments

Offers increased support for automation

Sophia Antipolis, 8 October 2019

The ETSI Industry Specification Group (ISG) for Network Functions Virtualisation (NFV) has started working on its next specification release, known as Release 4. While NFV-based deployments are expanding worldwide and show the benefits of network function virtualization, new technologies are expected to be leveraged and features are being added in support of 5G and novel fixed access network deployments that are emerging in many countries. The release 4 work programme will provide the right setting to further enhance the NFV framework by considering recent technological advances, as well as ways to simplify its usage, that are aligned with the current trends in the industry towards network transformation.

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