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.
 

This podcast discusses the critical considerations when evaluating whether and how to terminate employees in Asia. Trent Sutton (U.S. qualified lawyer), Soowon Hong (Korean qualified lawyer) and Shiau Sang Tee (Hong Kong and Malaysia qualified lawyer), members of Littler’s APAC Regional Office based in Singapore, set out the general three approaches to terminations across Asia. They explore what grounds are generally defensible (or not) and the variation in the usage of negotiated exits.
 

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.
  

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.
 

On August 7, 2024, the City of Los Angeles unveiled its “Model Contract” under the Freelance Workers Protections Ordinance (FWPO). This ordinance, which took effect on July 1, 2023, was designed to bolster protections for freelance workers in Los Angeles.

Ensure Compliance with California Labor Code Section 2775 et seq.

The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 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

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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If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be entitled to leave under the Oregon Family Medical Leave Act (“OFLA”), Oregon Sick Time law (“OSTL”), and the federal Family Medical Leave Act (“FMLA”).

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%

After the UK general election was announced, the following legislation was approved by Parliament during what is known as 'the wash-up' period towards the end of May 2024. Some of these require further regulations to bring them into force, and when (or if) they will be brought into force will be largely dependent upon the new government’s priorities and policies. 

Paternity Leave (Bereavement) Act 2024

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

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.

Peter Petesch discusses several key considerations for employers considering role reassignment as an accommodation – most notably, that reassignment should always be an option during the accommodation process.

SHRM

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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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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.

On September 24, 2024, the U.S.

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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Ole Kristian Olsby and Nina Elisabeth Thjømøe explain Norway’s new Anti-discrimination Tribunal.

International Law Office (ILO)

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(March 17, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that Shareholder Theodora Lee (San Francisco) has been selected for the National Black Lawyers (NBL) “Top 100” for California. Additionally, associates Ashley Thomas (Houston) and Adama Wiltshire (Philadelphia) have been named to the NBL “Top 40 Under 40” for Texas and Pennsylvania, respectively.

Cindy-Ann Thomas shares her experience of training companies on improving their diversity and inclusion in the workplace.  

AdvisorHub

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

The National Law Review

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An effective way to increase diversity hiring is to require diverse candidate slates for interviewing. Such slates include at least two diverse or women candidates in the pool of finalists. Employers should take heed, however, because there are limits to which a recruiter or a staffing agency can go in building such a slate. Alyesha Dotson discusses the avenues to intentionally recruit for diversity in a fair and smart manner to avoid violating antidiscrimination laws.
  

Michael Chichester explains how the pandemic has changed what the workforce looks like today and in the future.

Law360

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William Ng shares how he plans to use his president-elect status of the Asian American Bar Association of New York (AABANY) to help Asian Americans advance in the legal profession while combating racism. 

Binghamton University Alumni Connect

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A properly structured and implemented Affinity Group (AKA Employee Resource Group) is a powerful tool in an employer’s Diversity Equity & Inclusion tool belt. But, unwary employers may risk violating the National Labor Relations Act if they bargain with an Affinity Group. In this month’s podcast, Alyesha Asghar Dotson discusses the do’s and don’ts of interacting with an active Affinity Group within your organization.
  

In continued celebration of AAPI Heritage Month, Eddie Chyun (Cleveland), Lavanga Wijekoon (Chicago) and Aki Tanaka (Boston) share their stories of moving to the U.S., assimilating and adding to the American culture, and how their worldview, experiences, and background prepared them to practice law.
  

Littler's Chief Inclusion, Equity and Diversity Officer Paul Bateman leads a conversation with Shareholders Dionysia Johnson-Massie (Atlanta), LaToi Mayo (Lexington), Lindbergh Porter (San Francisco), and Charles Wilson (Houston) as they discuss the trail to Juneteenth, its importance and how various acts impacted slavery in the U.S.
  

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.
  

Arizona recently expanded provisions of the Arizona Civil Rights Act (ACRA) to cover pregnancy and pregnancy-related conditions. Additionally, following a national trend in response to perceived state and federal inaction, cities in Arizona on their own passed new ordinances that expands protected categories and coverage.

ACRA Expansion

Jim Paretti discusses the rescinding of a controversial EEOC rule that would have required the agency to share more information with employers credibly accused of discrimination during the conciliation process.

Law360 Employment Authority

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As the current economic crisis escalates and governmental plans to provide billions of dollars to intervene in the capital markets take shape, financial institutions and other businesses are being forced to restructure their operations through merger, acquisition or reductions in force. The tough economic climate will also, no doubt, lead companies to reassess their benefit plans and executive compensation packages. However, employers must evaluate their own responses to these developments to ensure that they are complying with legal requirements and proceeding cautiously.

Philadelphia, PA/ March 20, 2009 -- Littler Mendelson (Littler), the nation's largest employment and labor law firm representing management, is pleased to announce the arrival of shareholders Warren E. Fusfeld and Melissa B. Kurtzman to the firm’s Philadelphia office, both formerly of WolfBlock LLP.

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.

An employer pays its managers an annual salary and in addition provides monthly advances based on an estimate of the incentive bonus the employee appears likely to have earned by the end of the year. However, if the employee's performance declines over time so that the earned bonus ends up being less than the amounts advanced over the course of the year, it seems obvious that the employer should be able to deduct the overpayments from future paychecks.

The Securities and Exchange Commission (SEC) released proposed rules on March 2, 2011, in connection with provisions of the Dodd-Frank Act that prohibit "covered financial institutions" from providing incentive-based compensation that encourages inappropriate risks, by providing either excessive compensation or incentives that could lead to material financial loss to the institution.

By now, most lawyers advising international companies on compensation packages for expatriates that include deferred compensation are familiar with section 409A of the United States Internal Revenue Code ("US tax code" or "Code").

The Securities and Exchange Commission (SEC) has adopted a final rule requiring publicly traded corporations to disclose, to the SEC and shareholders, the ratio of CEO compensation to the "median compensation" of the corporation's employees (except the CEO).

The Internal Revenue Service recently issued proposed regulations under Section 457 of the Internal Revenue Code (the “Code”) that prescribe rules regarding deferred compensation plans sponsored by state and local governments and tax-exempt organizations.  These regulations relate primarily to the taxes imposed (under Code Section 457(f)) on the organization at the time the individual’s right to compensation vests, without regard to actual time of payment. 

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