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New York to Require Human Trafficking Recognition Training for Certain Hospitality Employees

New York State Governor Kathy Hochul recently signed into law eight pieces of legislation designed to combat human trafficking. These laws require many hospitality industry employers to provide specific anti-human-trafficking awareness training to employees. They also require certain hospitality and transportation industry employers to post information regarding services available to human trafficking victims.




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DOL Issues Annual Report on Child Labor with Emphasis on Enforcement

  • The DOL continues to focus on enforcement of child labor violations, with special attention to supply chain violations, including through subcontractors and staffing agencies.
  • Recent publicity on this issue has highlighted how dangerous forms of child labor, and in particular child labor involving young migrants, should encourage companies to assess whether and to what extent their U.S. operations should be analyzed for these concerns.




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DOL Issues Guidance on the Child Labor “Hot Goods” Prohibition

  • Reiterating its commitment to combatting oppressive child labor, the DOL will “[use] all appropriate enforcement tools, including the hot goods provision of section 212(a)” to curtail child labor violations.




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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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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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Are You Buying a Lawsuit with ‘Big Data’? HR Must Ask the Right Questions

During a presentation at the 2017 SHRM Employment Law and Legislative Conference, Marko Mrkonich, Zev Eigen and Corinn Jackson discussed the risks employers face when using data analytics.

HR Daily Advisor

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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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Littler Expands Pay Equity Audit Capabilities with New Offering

The Littler Pay Equity Assessment™ Provides Enhanced Data Analytics to Help Employers Assess Risk and Proactively Identify Solutions




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The Cybersecurity Law Report

Aaron Crews and Michael McGuire answer questions about cybersecurity, eDiscovery and other data topics.

The Cybersecurity Law Report

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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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The Littler Annual Employer Survey 2018

Employers are feeling some regulatory relief following a year that brought several changes to workplace policy, but are also grappling with the uncertainty these shifts have created. Sweeping regulatory changes have left them to redesign policies and strategies that had only recently been updated, while simultaneously navigating a growing patchwork of employment laws as states and localities work to fill perceived policy vacuums at the federal level.




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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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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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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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Companies Are Warned About Compliance 'Minefields' for Pay Equity

Denise Visconti and Allan King urge employers to be vigilant regarding pay equity issues.

The National Law Journal

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Is your recruitment team ready for AI?

Aaron Crews discusses efficient ways to use AI in the workplace.

HR Dive

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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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D&I Hits Its Stride

Aaron Crews discusses how employers are using data to move diversity and inclusion programs forward.

Human Resource Executive

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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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The Littler Annual Employer Survey 2019

Employers’ compliance challenges have swelled on multiple fronts over the past year as HR and business leaders grapple with an increasingly complex regulatory landscape. With changes under the Trump administration proving slow to materialize, most employers continue to anticipate robust enforcement by the Department of Labor and Equal Employment Opportunity Commission in particular.




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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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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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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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Why the Legal Technologist Career Path Presents Both Opportunity and Danger

Aaron Crews describes the various duties of legal technologists.

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




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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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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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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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New York City Publishes Sexual Harassment Prevention Training Video and New FAQs

As we have previously reported,1 New York State and New York City both enacted legislation in 2018 that require New York employers to train their employees in workplace sexual harassment prevention. The state training legislation went into effect on October 9, 2018, and the city training legislation went into effect on April 1, 2019.




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Littler Mendelson Goes All In on Video

Kevin O'Neill explains the benefits of teaching via multimedia platforms such as videos.

Attorney at Work

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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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Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements




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Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements




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Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements




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Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements




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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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Is the NLRB Unconstitutional? The Courts May Finally Decide

Alexander Thomas MacDonald discusses an upcoming Supreme Court case that may determine how much power the National Labor Relations Board should have. 

The Federalist Society

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Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

The U.S. Court of Appeals for the Eleventh Circuit has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases.




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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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California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

  • California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the PAGA.
  • Class action manageability requirement cannot be superimposed onto PAGA claims.
  • The Court did not decide whether an employer may strike an unmanageable PAGA claim on the ground that the claim violates an employer’s due process rights.




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Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human Rights Tribunal




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Supreme Court makes it easier to file workplace discrimination claims

Alyesha Asghar said the Supreme Court’s decision in Muldrow v. St. Louis, which will make it easier for employees to pursue discrimination claims over job transfers, does not mean an end to IE&D.

The Washington Post

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