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How HR and In-House Legal Can Help Prevent and Respond to the Next Killer Data Breach




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Artificial Intelligence, Technology and the Evolving Workplace




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2024 Southern California Regional Employer Conference




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Navigating the Pregnant Workers Fairness Act




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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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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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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.
 




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Conversations with Women: The Mentor-Mentee Relationship

Jeanine Conley Daves hosts a conversation between Tom Bender and Shin-I Lowe. They discuss the importance of mentorship, what a successful mentorship relationship looks like, and how male mentor influences are equally important to women.
  




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Three Littler Attorneys Named to the National Black Lawyers Top Lists

(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.




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Pink quotas, inclusion and conciliation: what 11 women at the top think

Erin Webber shares how inclusion, equity and diversity has positively impacted her legal career at Littler. 

L'Economia

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IMS Insights Podcast: Episode 24 - Helene Wasserman on The Impact of Mentors

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

The National Law Review

View Article (Subscription required.) 




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Conversations with Women: From the Military to Law

Margaret Parnell Hogan interviews Wendy Buckingham and Emily Haigh on how their experience as women in the U.S. military influenced their legal careers, and how their backgrounds shaped their outlook on gender equity in the workplace.
  




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The Promise and Perils of Affinity Groups; Or, How Not to Bargain with your Employee Resource Group

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.
  




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Questioning the “Diversity Questionnaire”

Watershed events in recent years like the resurgence of Black Lives Matter and #MeToo have galvanized organizations to step up their commitments in the Diversity, Equity and Inclusion space to gauge the “cultural temperature.” The persisting pandemic has raised the stakes. Accordingly, many companies seeking a roadmap for these efforts increasingly want to begin their journey with a snapshot of who’s in the mix and how they are feeling. Enter the “Diversity Questionnaire.”

Littler Principal Cindy-Ann Thomas and her guest, Littler Shareholder Alyesha Dotson:




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What are you? A Conversation with Littler’s “Other” Attorneys

In support of AAPI Heritage Month, this podcast features Danielle Herring (Houston), Emilie Hammerstein (Pittsburgh) and Alan Sims (Downtown Los Angeles) as they explore their biracial identity and how that shapes the way they practice law.
  




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Tips for Employers Confronting Racially Offensive Symbols in the Workplace

Racially offensive symbols, such as Confederate flags, displayed in the workplace can constitute evidence of a racially hostile work environment. In light of this and our ever-increasing efforts to foster harassment-free workplaces, Alyesha Asghar Dotson discusses how employers can prepare for and respond when potentially offensive symbols appear in their workplace.
  




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The History and Importance of Juneteenth

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.
  




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Companies Take Advantage of the Implementation of Equality Plans to Incorporate Their Workplace Harassment Protocols

Teresa Trigueros discusses workplace harassment and its protocols.

Confilegal

View




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Littler Awarded Gold Standard Certification from the Women in Law Empowerment Forum

(July 12, 2021) – Littler, the world’s largest employment and labor law practice representing management, has received Gold Standard Certification from the Women in Law Empowerment Forum (WILEF) for the 11th consecutive year. WILEF grants Gold Standard status to firms that meet objective criteria concerning the number of women among equity partners, in firm leadership positions and in the ranks of their most highly compensated partners. Littler is one of only five firms that have been awarded Gold Standard Certification every year since WILEF began the award in 2011.




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And You Thought the Bailout Was Bad: Employment Law Risks in the Current Financial Crisis

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.




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Littler Strengthens Employee Benefits Practice with Addition of Warren E. Fusfeld and Melissa B. Kurtzman to the Firm's Philadelphia Office

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.




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The Contractual Basis of Incentive Compensation Re-Emphasized: Restricted Stock in Lieu of Cash Wages Can Be Forfeited By Resignation in California

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.




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Executive Compensation and the Wall Street Reform and Consumer Protection Act

On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 4173) (the "Act"), which is intended "to promote the financial stability of the United States by improving accountability and transparency in the financial system" and "to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes." While the Act is directed at the financial system, it incorporates broad executive compensation provisions that apply beyond the financial services industry.




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The Coming Regulatory Avalanche: Engineering Practical Employment and Labor Law Compliance Solutions

The focus of this 2011 Littler Report is to provide employers with information to prepare and plan for regulations recently passed and those currently making their way through the agency rulemaking process. Part One of this Littler Report will set the stage and define the challenge employers will face in the coming years as the Obama Administration enters the second half of its term.




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Another Unexpected Surprise for International Assignees: Section 457A (No, Not 409A!) of the U.S. Tax Code

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").




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Financial Services Roundtable: Update on Compensation Trends in the Financial Services Industry




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The Virginia Supreme Court on Damages, Equity Valuation, and the Significance of Delaware Corporations Law in the Termination and Removal of a Chairman and CEO

The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert qualifications required for the valuation of equity following the termination of the chairman and chief executive officer (CEO) ("executive") of a publicly-traded company, as well as the applicability of Delaware Corporations Law to related change in control (CIC) provisions. 

Background




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Bills 47, 66 and 57: Everything You Need to Know About the Never Ending Changes to Ontario, Canada’s Employment Standards Act, 2000 and Labour Relations Act, 1995 and the Indefinite Delay of its Pay Transparency Act




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Ontario, Canada: What Is an Employee’s Entitlement to Incentive Plan Compensation during the Notice Period?

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




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Employee Benefit and Executive Compensation Provisions in the CARES Act

Enacted on Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (H.R. 748, the “CARES Act” or the “Act”) is intended to stimulate the U.S. economy in light of the COVID-19 pandemic. The CARES Act contains a number of provisions relating to employee benefits and executive compensation, which are summarized below.

Retirement Plan Provisions




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Reopening and Rehiring During the COVID-19 Pandemic – Critical Employee Benefits and Executive Compensation Considerations

As many employers are on the way to normalizing their business practices and re-engaging their employees, they should not overlook the many potential pitfalls in the administration of their retirement, health and welfare plans and their executive compensation arrangements. The risks of missteps are high, and include loss of tax-qualification of retirement plans, penalty taxes in connection with the Affordable Care Act’s (ACA) employer mandate rules, other IRS penalties, employee lawsuits and Department of Labor enforcement actions.




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Scrapping the UK Banker Bonus Cap — What Next for Financial Services Pay?

Financial services firms regulated in the UK by both the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have long caused confusion, particularly in international financial services groups, with their complex regulatory pay structures and infamous bonus cap.




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Is a Bonus Clawback Provision a Restraint of Trade in the UK?

In a reassuring decision for employers, the UK High Court has confirmed that an employer’s use of a contractual provision to claw back an employee’s bonus was lawful. The ruling in Steel v Spencer Road LLP provides helpful guidance on the circumstances in which a bonus clawback will not constitute a restraint of trade, though employers should be mindful that not all such provisions will be enforceable.




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Does Modern Labor Law Violate the Fifth Amendment?

Alexander Thomas MacDonald provides insight into the new regulations under theH-2A visa program. 

The Federalist Society

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Poland and Other Central-Eastern European Countries Focus on Their Global Mobility & Immigration Policies

In February 2024, Poland’s government revealed that it is working on a comprehensive migration strategy for the years 2025-2030, advertised as a “responsible and safe” approach. The Ministry of Interior and Administration plans to spend the first half of 2024 conducting consultations to learn the preferences and expectations on migration and foreigners’ employment from various stakeholders, including the country’s biggest employers and their organizations, as well the trade unions.




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Immigration Challenges for Employers in the UK

  • A number of measures seeking to curb legal migration to the UK will take effect in the coming months.
  • Changes include limits on Health and Care worker visas, increases in skilled worker going rates and salary thresholds, a review of Graduate visas, changes to family visa minimum income requirements, and an Immigration Health Surcharge hike, among others.




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Employment Law And Geopolitics: Key Considerations For The C-Suite

Stephan Swinkels and Michael Lotito discuss the intersection of employment and geopolitics and offer key considerations for the C-suite of global companies. 

Chief Executive

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Call-to-Action: Immigration Protections for Migrant Families in the U.S.

In this pro bono podcast, Littler’s Lavanga Wijekoon speaks with Ellen Miller of the National Immigrant Justice Center, Jodi Ziesemer of the New York Legal Assistance Group and Laura Lunn of the Rocky Mountain Immigrant Advocacy Network about the work being done across the country to help immigrants and their families who are in desperate need of immigration protections.
   




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Not Selected in H-1B Cap Registration? There Are Options!

Foreign workers fill a critical need in the U.S. labor market, particularly in the professional and technological fields such as science, technology, engineering and mathematics (STEM). To fill this need, U.S. employers submit H-1B temporary worker visa status registrations with the United States Citizenship and Immigration Services (USCIS), which is a lottery-based system where registrations are selected from the congressionally allotted quota of 85,000.




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Insight into the H-1B Visa Process

Immigration associates George Thompson and Deepti Orekondy discuss the nuances and intricacies of filing of an H-1B visa application, including H-1B Cap petitions, and how to help employers maintain H-1B compliance. This podcast delves into common pitfalls and strategic considerations for an employer filing an H-1B petition.
   




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What Immigration Changes Can UK Employers Expect from the Labour Government?

Under the previous UK Home Secretary, James Cleverly, minimum salary thresholds for Skilled Worker visas were raised significantly and the 20% discount for shortage occupations were eliminated.

Both the Conservative and Labour manifestos vowed to lower immigration each year, leaving employers wondering what changes are on the horizon.

Review of IT and engineering roles




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Belgium: New Rules Apply in the Brussels Capital Region Regarding International Mobility

The rules on the employment of third-country nationals (which apply regionally) were recently amended in the Brussels Capital Region by an ordinance issued on February 1, 2024, and its implementing decree on May 16, 2024. The following is a summary of these new rules.




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The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions

Alexander Thomas MacDonald explains how, through a century of trial and error, labor law has been wildly successful in giving us the most peaceful labor market in history. 

The Federalist Society

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Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't)

Alexander T. MacDonald says predistributional labor policies do none of the things they’re supposed to do and, in fact, amplify the problems they’re supposed to solve.

The Federalist Society

View




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Can the employer dismiss for a comment on Facebook or LinkedIn?

Paweł Sych explains how an employee's actions on social media, even after working hours, can harm the entire organization and cause trouble for employers. 

Prawo.pl

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New Calif. Laws Employers Should Have On Their Radar

Joy Rosenquist talks about some of the 30 new California laws she thinks are particularly significant for employers, including rules addressing pay transparency and off-duty cannabis use.

Law360 Employment Authority

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Layoffs Not In The Cards For Most Employers, Survey Says

Terri M. Solomon talks about Littler’s 2023 Employer Pulse Survey results, which show that employers are rebounding from 2020 as consumer spending on entertainment, travel and sports increases.

Law360 Employment Authority

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Littler Global Guide - Netherlands - Q1 2023

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

Download full Q1 2023 Global Guide Quarterly

Whistleblower Protection Act Has Entered into Force

New Legislation Enacted

Authors: Dennis Veldhuizen, Partner, and Eric van Dam, Partner – Clint | Littler




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Supreme Court Determines When the U.S. Government May Dismiss an FCA Action Over a Relator’s Objection

  • According to the Supreme Court, in False Claims Act “qui tam” suits, the federal government can move for dismissal of a case over the relator’s objection even outside of the “seal period.”
  • A key factor considered for government dismissal post-seal period may include burdensome discovery, which means employers facing qui tam actions should strategically consider this and other pressure points in the course of litigation.