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Confidentiality and Attorney-Client Privilege Issues When Conducting Internal Investigations and Audits




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Are Outside HR Professionals Necessary in Discrimination Cases?

Mark Phillis discusses the practice of looking to HR professionals to testify in court and conduct workplace investigations.

Bloomberg BNA Human Resources Report

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California Restricts Employer’s Ability to Make Decisions Based on an Individual’s Criminal History




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Federal Contractor Affirmative Action: Are You Up to Date?




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Love Your Lawyer: Littler Lawyers Answer Your Most Burning Labor and Employment Questions




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Navigating Montana’s Laws Regarding Vaccination Status and Discrimination and WDEA Claims




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Vaccines and Returning to Work: How the Pandemic Is Changing ADA Workplace Accommodations - Utah Edition




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Viewpoint: A Checklist to Prepare for the DOL's Expansion of FMLA Audits

Jeff Nowak offers advice to employers on the DOL’s announcement that it will ramp up Family and Medical Leave Act (FMLA), as well as wage and hour, audits.

SHRM Online

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The Labor Dept. Wants to Revise a Trump-Era Policy on Handling of Discrimination Claims Against Contractors

David Goldstein talks about some differences as the Labor Department proposes changes to a Trump-era rule that it says “undermined” how it handles and resolves discrimination claims by federal contractors.

Government Executive

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Court finds employers' discretion in awarding bonuses must be exercised fairly

Rhonda B. Levy and George Vassos discuss an Ontario Court of Appeal decision that puts employers on notice that their discretion in awarding bonuses is not unconstrained and must be exercised fairly and reasonably.

Human Resources Director Canada

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European Employers Navigate New Pressures Around Flexible Work Models, AI Adoption and Divisive Social Issues, Littler Survey Finds

(November 8, 2023) – Littler, the world’s largest employment and labour law practice representing management, has released its sixth annual European Employer Survey Report. Based on responses from 780 human resources (HR) executives, in-house lawyers and business leaders from across Europe, the report explores the myriad ways in which employers are responding to changes in workplace management, policy and culture.




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Littler Receives 15th Consecutive Perfect Score in the Human Rights Campaign Foundation's 2023-2024 Corporate Equality Index

(December 1, 2023) – Littler, the world’s largest employment and labor law practice representing management, earned the top score of 100 on the Human Rights Campaign Foundation’s 2023-2024 Corporate Equality Index (CEI) for the 15th consecutive year. The firm joins the ranks of 545 major U.S. businesses who also earned top marks in this year’s benchmarking survey and report, which measures corporate policies and practices related to LGBTQ+ workplace equality.




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C-Suite Executives Committed to Inclusion, Equity and Diversity Despite Backlash and Legal Challenges, Littler Survey Finds

(January 10, 2024) – Littler, the world’s largest employment and labor law practice representing management, has released its Inclusion, Equity and Diversity (IE&D) C-Suite Survey Report, completed by more than 320 C-suite executives across the United States.




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Littler Welcomes Senior Counsel Tara Porterfield in Austin

AUSTIN, Texas (January 16, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Tara Porterfield as senior counsel in its Austin office. Porterfield joins from Vinson & Elkins and brings more than 20 years of employment litigation experience.




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Littler’s Tyler Sims Testifies Before Congress on Effects of Student-Athletes’ Employment Status, Unionization Efforts

WASHINGTON, D.C. (March 12, 2024) – Littler shareholder Tyler A. Sims testified today before the U.S. House of Representatives Committee on Education and the Workforce at a joint hearing of the Subcommittee on Higher Education and Workforce Development and the Subcommittee on Health, Employment, Labor, and Pensions on “Safeguarding Student-Athletes from NLRB Misclassification.”




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Felicia Watson Joins Littler as Senior Counsel in Washington, D.C.

WASHINGTON, D.C. (March 29, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Felicia Watson as senior counsel in its Washington, D.C., office. Watson joins from the National Association of Home Builders, where she served as assistant vice president of construction liability and research.




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The National Association of State Chambers and Littler’s Workplace Policy Institute Form Coalition and Support Workforce Development Legislation

In a letter sent to Congress today, the Coalition expresses support for legislation that would modernize America’s workforce development and education system




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TechNet and Littler’s Workplace Policy Institute Support the Illinois Senate’s Passage of Biometric Information Privacy Act Reform Bill

Update: On August 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law, reforming the liability guidelines under the Illinois Biometric Information Privacy Act.

CHICAGO (April 11, 2024) – Today, the Illinois Senate passed SB 2979, which would reform the liability guidelines under the state’s Biometric Information Privacy Act (BIPA). The bill marks an important milestone in the broader effort to resolve BIPA’s vague statutory language and courts’ expansive interpretations of the law, which have posed a threat to businesses that capture biometric information.




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Littler Bolsters Toronto Office with the Addition of Partner Stephen Shore

TORONTO (April 15, 2024) – Littler, the world’s largest employment and labour law practice representing management, has added Stephen Shore as a partner in its Toronto office. Shore joins from Ogletree Deakins and represents employers across all areas of employment and labour law.




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Littler Continues Hiring Streak with Addition of Shareholder Kelly Cardin in New York City

NEW YORK (May 28, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Kelly M. Cardin as a shareholder in its New York City office. Cardin – who joins the firm from Ogletree Deakins, where she was co-chair of the Pay Equity practice group – marks Littler’s fifth shareholder level addition since the beginning of April.




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Littler Continues Toronto Growth with the Addition of Shana French as Partner

New arrival comes as Stephen Shore is appointed Littler’s Toronto Office Managing Partner

TORONTO (June 3, 2024) – Littler, the world’s largest employment and labour law practice representing management, has added Shana French as a partner in its Toronto office. Her arrival comes as Stephen Shore, who joined Littler in April, is named Office Managing Partner in Toronto. French joins from Sherrard Kuzz and marks Littler’s seventh partner level addition since the beginning of April.




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Littler Attorney Bruce Buchanan Publishes 2024 Edition of The I-9 and E-Verify Handbook

NASHVILLE, Tenn. (June 4, 2024) – Bruce Buchanan, an attorney in the Nashville office of Littler, the world’s largest employment and labor law practice representing management, has published the 2024 edition of The I-9 and E-Verify Handbook, along with co-author Greg Siskind of Siskind Susser, PC.




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Littler Attorneys in Four European Countries Recognized in the 2025 Editions of Best Lawyers™

(June 21, 2024) – Littler, the world’s largest employment and labor law practice representing management, and its attorneys have been featured in the 2025 editions of Best Lawyers® in France, Germany, Italy and the United Kingdom.

The individual attorneys that were listed include the following:




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Littler Continues Robust Canadian Expansion with Five New Additions to Toronto Office

New Additions Follow Arrival of Three Partners in Recent Months




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Littler Appoints New Firm Leaders Across Various U.S. Offices

(July 24, 2024) – Littler, the world’s largest employment and labor law practice representing management, has named new office managing shareholders (OMS) in Indianapolis; Denver; Portland, Oregon; San Diego and San Jose.




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More Than 240 Littler Attorneys Recognized in 2025 Editions of Best Lawyers in America® and Best Lawyers: Ones To Watch® in America

(August 15, 2024) – More than 240 lawyers  from Littler, the world’s largest employment and labor law practice representing management, have been included in the 31st edition of The Best Lawyers in America® guide.




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Littler Adds Unfair Competition and Trade Secrets Litigator Phillip Antablin in Los Angeles

LOS ANGELES (August 19, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Phillip Antablin as a shareholder in its Century City office in Los Angeles. Antablin previously served as Senior Counsel at Epstein Becker Green.




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Leading Business Coalition Urges Supreme Court Review in Key Case on Government-Forced Union Representation

Littler’s Workplace Policy Institute files brief for the Coalition for a Democratic Workplace urging court to grant review of Goldstein v. Professional Staff Congress and reaffirm Constitutional protections against compulsory union representation




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Three Littler Partners Recognized in the 2025 Edition of the Best Lawyers in Canada™

TORONTO (August 29, 2024) – Littler, the world’s largest employment and labour law practice representing management, is pleased to announce that three of its attorneys have been featured in the 2025 edition of The Best Lawyers in Canada™ in Labour and Employment Law.

The attorneys included in this year’s edition were:




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Littler Attains 2023-2024 Mansfield Certification Plus Status From Diversity Lab

(October 2, 2024) – For the seventh consecutive year, Littler, the world’s largest employment and labor law practice representing management, has achieved 2023-2024 Mansfield Certification Plus status through Diversity Lab. This year-long, structured certification process confirms that all talent at participating law firms have fair and equal opportunities to advance into leadership. To achieve “Plus” designation, firms voluntarily provide data showing their progress and the outcomes of their efforts to broaden talent pools and increase visibility of advancement processes.




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Election Outcomes, AI Adoption, and ESG Issues Pose New Challenges for European Employers, Littler Survey Finds

Littler, the world’s largest employment and labour law practice representing management, has released its seventh annual European Employer Survey Report, based on responses from nearly 630 human resources (HR) executives, business leaders, and in-house lawyers from across Europe—57% of whom hold C-suite positions at their organisations.




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Littler Welcomes Chief Digital Innovation Officer Amit Shah

SAN FRANCISCO (October 7, 2024) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce the addition of Amit Shah as the firm’s Chief Digital Innovation Officer (CDIO). He joins Littler from Excelitas Technologies, where he served as Executive Vice President and Chief Information Officer for Information Technology.




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Write it down: California's Freelance Worker Protection Act imposes new requirements for engaging independent contractors

Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers.

Wolters Kluwer

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Ontario, Canada: Bill 190, Working for Workers Five Act, 2024 Receives Royal Assent

  • Ontario’s Bill 190, Working for Workers Five Act, 2024 (Bill 190), which amends the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997, received Royal Assent, although many clarifying regulations have not yet been issued.




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Litigation Strategies to Defend Against Claims of AI Discrimination




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Littler WPI’s Election Report 2024




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Littler Receives National Tier 1 Rankings in the 2025 Edition of Best Lawyers® “Best Law Firms®” List

(November 7, 2024) – For the 15th consecutive year Littler, the world’s largest employment and labor law practice representing management, has achieved “National Tier 1” rankings for the following practice areas in the 15th edition of Best Law Firms®, ranked by Best Lawyers®:




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High Court to Review Standard Applied to ‘Reverse Discrimination’ Cases

Alyesha Asghar and Julian G.G. Wolfson explain “background circumstances,” which are required as evidence in cases of reverse discrimination, and the implications for employers and IE&D.

Wolters Kluwer

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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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Understanding Argentina under Milei's Revolutionary Changes




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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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7 E-Discovery Predictions For 2024 And Beyond

Paul Weiner, Denise Backhouse and Gretchen Marty explain how the legal and technical matters of e-discovery are prominent in lawsuits and in the legal industry as a whole.

Law360

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Legal Tech's Predictions for the Business of Law in 2024

Scott Forman gives his predictions for legal technology and data analytics tools, especially towards generative AI point solutions, in 2024.

Legaltech News

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Artificial intelligence risks dominate Davos discussions

Deborah Margolis, Jan-Ove Becker and Stephan Swinkels discuss AI’s impact on the global economy and the workforce.

International Employment Lawyer

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New Year, New Data Protection Laws: What Employers Should Know

  • Fourteen states have adopted comprehensive data protection laws, most of which will take effect within the next two years.
  • Of these laws, only the California Privacy Rights Act applies to HR data.
  • Nevertheless, employment counsel and HR professionals will be involved in assisting their organizations to comply with the broad range of responsibilities these laws impose.
  • States are also proposing and enacting smaller laws applicable to HR data.




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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.