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Littler Mendelson Takes Aim at Pay Inequity with New Software

Aaron Crews explains Littler's Pay Equity Assessment Tool.

Employee Benefit News

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Bloomberg Law’s VIDEO Coverage of the 2018 Littler Executive Employer Conference

Bloomberg Law’s® Daily Labor Report® news team at the Littler Executive Employer® Conference interviewed panelists about a broad spectrum of employment and labor topics addressing significant developments, emerging trends and challenges facing in-house counsel, employee relations professionals and human resources executives.




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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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The Future of Knowledge Management in Law Firms - The Answer is Out There

Scott Rechtschaffen authored this article on the future of knowledge management in law firms.

CIO Review

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Some law schools offer tech programs to help students find jobs, but does it work?

Jason Dirkx and Scott Rechtschaffen consider the intersection of technology and law degrees. 

ABA Journal

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Law firms are developing their own tools and software to better serve clients

Scott Rechtschaffen suggests law firms interested in building and selling technology products should become more nimble. 

ABA Journal

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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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Legal Tech’s Predictions for Business of Law and ALSPs in 2021

Scott Forman explains how firms must adopt integrated technology in order to operate collectively.

LegalTech News

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Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

  • The Third Circuit agreed with the lower court that a preliminary injunction was not warranted to block New Jersey’s Temporary Workers Bill of Rights (the “Bill of Rights”) in a challenge by industry groups.
  • The appellate court ruled that the Bill of Rights does not unlawfully burden out-of-state businesses or exceed the state’s police power, and is not unlawfully vague.




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Ontario, Canada Appeal Court Finds Aggravated Damages Award Can Be Made Without Medical Evidence of Diagnosable Psychological Injury

  • Court of Appeal for Ontario allowed aggravated damages for an employer’s bad-faith conduct during an employee’s dismissal in the absence of medical evidence identifying a diagnosable psychological injury.
  • Court also found medical expert testimony is not required to show an employee is physically incapable of mitigating damages during the reasonable notice period.




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New Brazil Pay Transparency Report Is Due by the End of September 2024

  • Companies with more than 100 employees in Brazil must post their pay transparency report by September 30, 2024.
  • This will be the second report since the law and its regulations went into effect earlier this year.
  • Regulations to implement Brazil’s law requiring the pay transparency report and action plan have been heavily criticized in the business community.




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Roundtable Event with the Author of California’s New Anti-Bullying Law




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Investigations in the #MeToo Environment: The Importance of Planning Before A Harassment Complaint

Jennifer Youpa, a shareholder in Littler’s Dallas office, and Kevin O’Neill, Senior Director of Littler’s Learning Group, discuss the importance of harassment complaint investigations in the #MeToo climate. As Jennifer and Kevin explain, investigatory responses can no longer be “one size fits all,” especially with the possibility of the viral disclosure of allegations or incidents through social media. In this podcast, Jennifer and Kevin reveal strategies and trends they have seen as they conduct training for employers on sexual harassment and related issues.




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Spotlight on Positive Employee Relations Training: How Employers Can Reap the Benefits of Employee Engagement

In this podcast, Littler attorneys Michael Kessel, Russ McEwan and Alan Model, out of our Newark office, discuss the importance of cultivating “employee engagement” to foster a productive, invested workforce. They also describe the new Littler Positive Employee Relations Series, which offers customized, intensive training to supervisors on the causes of negative morale and then arms them with practical tools to spot and handle problems before they get out of hand.
 




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“Charting” a Course for the New Year: A Summary of California’s Expanded Employer Training Duties

Happy New Year! As we turn the calendar to 2019, employers across the country are taking stock of recently-enacted workplace regulations on a wide variety of topics.1

Employers in the Golden State, in particular, have a lot to juggle: new governor, new legislative session, and dozens of new labor and employment laws taking effect as of January 1.2 These statutes touch on numerous issues, ranging from lactation accommodation to meal breaks for certain commercial drivers.3




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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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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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Back to the Future? UK Government Consults on the Potential Reintroduction of Tribunal Fees

At the end of January 2024, the UK Government set out a surprise proposal to introduce a £55 fee for individuals to bring proceedings in the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT).




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California Supreme Court Strengthens Enforcement of Jury Trial Waivers

On February 26, 2024, the California Supreme Court issued its opinion in Tricoast Builders, Inc. v. Fonnegra, No. S273368 (Cal. Feb. 26, 2024). For employers, the most important takeaway from this case is that the court held a litigant’s waiver of the right to a jury trial can be conclusive if a party seeking reversal of the waiver cannot demonstrate it caused prejudice to the party. The decision makes it more difficult for a party to convince a court to let it back out of a jury trial waiver in a civil case.

Background




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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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New York City Bans Contractual Provisions Shortening Period of Time to File Complaints or Civil Actions Relating to Discrimination, Harassment or Violence

Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action, relating to unlawful discriminatory practices, harassment or violence under the New York City Human Rights Law, Admin. Code § 8-101, et seq. (NYCHRL).




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New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

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




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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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How CEOs Can Address Politics In The Workplace Ahead Of The 2024 Election

Bradford J. Kelley and Michael J. Lotito discuss key steps to consider when business leaders work with their teams and HR departments to develop political speech policies and enforcement strategies.

Chief Executive

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Radical Expansion of New Jersey WARN Act Nears

Updated June 8, 2021




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Here We Go Again! California's Latest Crop of Employment Laws

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




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France: Role of the Social and Economic Committee in the Context of a Restructuring or Downsizing

In addition to the information and consultation obligations linked to their general responsibilities,1 Social and Economic Committees (“Comité Social et Economique” or "CSE") in French workplaces, which replace and merge all the employee representative bodies, staff representatives, works council, and health, safety and working conditions committee, must be informed and consulted in the event of a “restructuring and downsizing.”2 What is their scope of intervention?

Cases Requiring Consultation




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Five Key Questions to Formulate a Top-Down Strategy for APAC Layoffs

Isha Malhotra, Trent Sutton and Nancy Zhang offer guidelines for in-house counsel when advising a business on a restructure in APAC.

ACC Docket

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New Jersey Enacts Last-Minute Bill Tying the Hands of Successor Hotels

On January 18, 2022, Governor Philip D. Murphy signed NJ A6246 / S4295, which significantly restricts the business discretion of successor hotels. The New Jersey Senate and General Assembly passed this bill by an overwhelming majority on the final day of the previous legislative session.




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Ontario, Canada: Availability of Deemed IDEL Ended on July 30, 2022 But Unpaid and Paid IDEL Still Available to Eligible Employees

Deemed IDEL No Longer Available




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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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UK Government Issues New Draft Code of Practice on Dismissal and Re-engagement

In late January 2023, the UK Government published a draft Code of Practice on Dismissal and Re-engagement. The trigger for the draft Code was the increased attention on the use of dismissal and re-engagement (also known as “fire and rehire”) by employers during the COVID-19 pandemic.




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Ontario, Canada Court of Appeal Addresses How Employers Can Preserve Right to Unilaterally Lay Off Employees Without Being Found to Have Constructively Dismissed Them




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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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What are some key issues for HR or legal to be aware of when implementing a restructure in Asia?

For In-house Counsel or HR professionals in Asia, what are some key issues to be aware of when implementing a business restructure?

There are some key areas you will want to focus on when restructuring a business operation in the APAC region.




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Dear Littler: What are some considerations before implementing our return-to-office policy?

Dear Littler,

 We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain talent who preferred remote work. We also shifted our focus almost exclusively to digital services that did not require an in-person presence since our clients were also remote. We kept most of our physical offices intact but downsized some square footage to reduce our overhead.




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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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Generate doubts profit sharing scheme

As a result of subcontracting reform, Jorge Sales Boyoli explains that some companies want to distribute profits under conservative criteria and plan to compensate by distributing an additional bonus. 

El Diario Mexico

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"Violates what is most sacred": X-ray of the initiative that allowed banks to charge themselves Chinese wages

Jorge Sales Boyoli weighs in on a reform that was almost passed in Mexico, which “violates the most sacred thing that a worker has: his salary.” 

El Heraldo de Mexico

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Profit sharing 2022: everything you need to know about the scenarios for outsourcing reform

Jorge Sales Boyoli talks about the outsourcing law came into force last year, who will receive profits and the new challenges that have come with it. 

El Heraldo de México

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Are employees entitled to paid time off to vote in the election?

Rhonda Levy and George Vassos explain Ontario’s Election Act, under which every employee who is qualified to vote is entitled to three consecutive hours to vote while the polls are open.

Human Resources Director Canada

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Experts disagree on the consequences of raising severance payments

Iván López García de la Riva discusses Spain’s plan to raise severance payments in certain situations. 

CincoDías

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From Loud Layoffs to Quiet Hiring: What Employers Need to Know in 2023




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Maneuvers to rake the salary of employees

Teresa Trigueros talks about formulas companies can use to balance wage increases, as long as they do not cross certain insurmountable limits or requirements that are conventionally or legally established.

El Pais

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The state of epidemic emergency will be lifted. Important changes await employees and employers

The state of epidemic emergency in Poland will be lifted on July 1, 2023, and Paweł Sych explains how this will affect workers and employers.

interia biznes

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