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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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Littler Recognized as “Law Firm of the Year” and Earns Tier 1 Rankings in the 2024 Edition of Best Lawyers® “Best Law Firms®” List

Littler, the world’s largest employment and labor law practice representing management, was named “Law Firm of the Year” for Labor Law - Management in the 14th edition of Best Law Firms®, ranked by Best Lawyers®. The firm also earned “National Tier 1” rankings for the 14th consecutive year in the following practice areas:




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D.C. Circuit Breaks from Second Circuit, Finds Pension Fund May Retroactively Change Its Interest Rate Assumptions

On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Trustees of IAM Nat'l Pension Fund v. M & K Emp. Sols., LLC, No. 22-7157 (D.C. Cir. Feb. 9, 2024), affirming the district court’s decision to vacate an arbitration award for the employer in a pension fund withdrawal liability case.  The D.C.




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What’s Golf Got to Do with It? Linking Fairway Sand Traps to Workplace Equity Gaps

Golf is one of the most significant informal business networks and approximately half of all women feel like their exclusion from these gateways is among the key challenges to reaching the highest echelons of corporate leadership. As a prelude to the 2022 edition of the “Masters Season,” Littler Principal Cindy-Ann Thomas explores how enduring barriers in recreational golf impact meaningful access and equity gains for women in corporate America.




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Celebrating AAPI Heritage Month: Leadership and Collaboration

In honor and celebration of Asian American and Pacific Islander Heritage Month, Littler attorneys William Ng (Long Island), Hinna Upal (Rochester) and Gregory Iskander (Walnut Creek) discuss how their journeys to leadership were built on promoting collaboration, finding community and creating opportunities for other diverse attorneys.
 




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Celebrating AAPI Heritage Month: Feeling Foreign Where We Belong

In honor and celebration of Asian American and Pacific Islander Heritage Month, Littler attorney, Judy Iriye (L.A. – Century City) talks with fellow Littler attorney, Kevin Yam (New York) and Littler alum, Fran Barbieri (Chief Counsel, Litigation and Employment at World Wide Technology in St Louis, Missouri), about personal experiences where they were able to overcome feelings of foreignness to achieve personal and professional success.
 




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Pro Bono Week Podcast – Law Firm Antiracism Alliance: Police Brutality

Nicole LeFave, Vinay Patel and Garrick Chan share their experience with Jenny Schwendemann of working on a collaborative effort through the Law Firm Antiracism Alliance.

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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Pro Bono Week Podcast – Littler | PCS Assistance with Ukraine

Tomasz Rogala and Marcin Sanetra, Littler | PCS attorneys, and Lavanga Wijekoon discuss the legal assistance Littler’s Poland attorneys have given Ukrainians fleeing the recent conflict there.

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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Veterans Day 2022: Stories from Military Family Members

Emily Haigh, U.S. Army veteran and co-chair of Litter's Veterans Affinity Group, speaks with Littler attorneys William Anthony, Tracy Leidner, and Emily Arnett, who each have a family member currently serving in active duty.
  




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Conversations with Women: Littler’s Traditional Labor Practice

In this episode of our Women’s History Month podcast series, Conversations with Women, WLI co-chair Margaret Hogan talks with three Littler associates who have shaped their legal careers in the area of traditional labor. Listen as Kameron Miller, Ashton Hupman and Brittany Stepp tell their stories of being women attorneys in a field that has traditionally been dominated by men.
  




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The Rise in Antisemitism in America

There has been a recent, dramatic rise in antisemitism in the United States. In this podcast, David Goldman, the Executive Director and General Counsel of Congregation Emanu-El in San Francisco, shares his perspective on how this trend is impacting our communities and workplaces, and offers some practical insights as to how the development of a shared understanding, along with a combination of empathy and meaningful policy implementation, can contribute to a more respect-based coexistence as we move forward.
  




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Celebrating AAPI Heritage Month: Sharing Stories of Leadership Through Opportunities in the U.S. Military

In continued celebration of AAPI Heritage Month, Littler's Jennifer Maguire, Sarah Sorensen, and Daniel Kim discuss how their individual experiences in the U.S. Military – as a JAG officer, a military spouse, and an officer – shaped them as leaders, ultimately leading to careers in labor and employment law.
  




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Celebrating AAPI Heritage Month: Bringing About Change Through Servant Leadership

As May comes to a close, we end our celebration of Asian American Pacific Islander Heritage Month with the second of two podcasts that feature the personal stories of some of our ‘Ohana group attorneys. Littler attorney Brandon Mita has an inspiring conversation with fellow Littler attorneys Nicole LeFave, James Lee, and Urvi Morolia about leading through community service, non-profits and pro bono organizations that make a difference in their communities.
  




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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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Navigating the H-1B Visa Process: Common Pitfalls and Considerations

This podcast episode is dedicated to unraveling the complexities of filing an H-1B petition and remaining compliant following an approval.

The H-1B visa program is known for its competitiveness, intricate regulations, and fact-specific nature. Whether you're an employer looking to hire and maintain foreign talent or an H-1B applicant, our podcast explores the common pitfalls and crucial considerations you need to be aware of regarding the H-1B process.




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Celebrating Black History Month: From Litigation to Literature

As February comes to a close, we end our celebration of Black History Month with a podcast featuring Littler attorneys and authors in honor of this year’s theme “African Americans and the Arts.” Littler attorney Karimah Lamar, has a thought-provoking conversation with fellow Littler attorneys Michael Wilder and Tiffany Obeng, who share their journey to becoming published authors and the influence it has had on their careers.
 




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Celebrating AANHPI Heritage Month: Innovation Leads to Growth

In honor of this year’s Asian American, Native Hawaiian and Pacific Islander Heritage Month theme “Advancing Leaders Through Innovation,” Littler associate Ed Tsui spoke with Littler shareholder, Lavanga Wijekoon, who shared how he has been able to advance his practice at the firm through innovation.
  




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Celebrating AANHPI Heritage Month: Finding Community Through the Leadership Council on Legal Diversity

In continued celebration of Asian American, Native Hawaiian and Pacific Islander Heritage Month, Littler shareholder Alyesha Asghar speaks with associates Alan Persaud and Grace Waddell about their experience in the Leadership Council on Legal Diversity’s Pathfinders Program and the inclusive community of legal professionals they joined by participating.
  




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Celebrating Pride Month: The Importance of Advocacy and Community

In celebration of Pride Month, Littler shareholder Mattheus Stephens and associates Trevor Hardy and Jessica Wimsatt discuss their advocacy work for LGBTQIA+ individuals in their local communities. The group also highlights the importance of how being authentically you and sharing your story can help others find community and feel connected.
  




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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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Wage Transparency and Pay Equity Issues in Asia

Trent Sutton and Thelma Akpan explore key reasons why employers in the APAC region should begin to think about pay equity and wage transparency or prepare to implement their own wage transparency initiatives.
 




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Texas Court Sets Aside the FTC’s Non-Compete Rule with Nationwide Effect

Employers that rely on non-compete agreements to protect their trade secrets and other legitimate business interests got some welcome news on August 20.





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Gotta tip ’em all? Understanding the UK’s new gratuity rules

This article was originally posted in International Employment Lawyer.




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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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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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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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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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2024 Summer Olympics Series: United States




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UK: The King’s Speech and What it Means for Employment Law

  • The King’s Speech was delivered on July 17, setting forth the UK Government’s legislative agenda for the next Parliamentary Session.  
  • Highlights include the introduction of an Employment Rights Bill within the first 100 days, publication of a Draft Equality (Race and Disability) Bill, and a living wage that accounts for the current cost of living and eliminates age bands.




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Awareness to Action: The Progress and Future of UK Disability Laws

Following Disability Pride Month, we look to the past, present and future to examine how rights for people with disabilities in the workplace have developed in the UK and could develop further, before giving some practical steps for employers.

A brief history of disability laws




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The ADA Turns 34: The Intersection of Technology, AI, and Individuals with Disabilities

On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S.




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Employers Should Not Neglect Paid Military Leave Compliance

Bradford Kelley discusses the importance of employers reviewing their leave of absence policies to ensure compliance with the Uniformed Services Employment and Reemployment Rights Act.

Law360 

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The ADA turns 34: The intersection of technology, AI, and individuals with disabilities

Bradford J. Kelley and Sean O'Brien discuss how, on the 34th anniversary of the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Commission and Justice Department emphasize their commitment to ensuring that emerging technologies and AI comply with ADA standards.

Westlaw Today

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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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The 2024 Littler Executive Employer® Conference




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Managing Unfair Competition: Critical Practices for the Employer in Asia




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Littler Hawaii Breakfast Briefing




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2024 Littler AI Summit




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2024 Kansas City Regional Employer Conference




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2024 Conferencia Anual de Littler México - Ciudad de México




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Salt Lake City Breakfast Briefing




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Diversity of Thought: Does It Need Rethinking?

Littler Principal Cindy-Ann Thomas and her special guest, author and Professor of Sociology at Washington University in St. Louis, Adia Harvey Wingfield, explore:




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New requirements for companies' reporting on equality and non-discrimination in the workplace

Ole Kristian Olsby and Nina Elisabeth Thjømøe explain the regulations around gender equality and discrimination in the workplace.

International Law Office (ILO)

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Longtime Littler Litigator Becomes Its First Diversity Chief

Paul Bateman and Erin Webber share how Bateman’s new role will encourage Littler’s social justice initiatives.

Law360

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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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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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Women Leaders, Junior Attys On Gender Equity Battles Ahead

Erin Webber shares her experience of being a woman in the legal profession and how her firm, Littler, is a leader in gender diversity.

Law360 Pulse

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Conversations with Women: Impacts of the Pandemic on Women in the Workforce

Erin Webber and Zoe Argento discuss the effect the pandemic has had on working mothers and the impact on women in the workforce generally.