Are employers required to conduct human rights due diligence in their global operations?

The scope and scale of many employers’ global operations and their global supply chains are expanding. This expansion has led to a greater focus on the risk of corporate human rights abuses such as forced labor, child labor, and other forms of modern slavery.

On Wednesday, April 24, 2024, the EU member states in the EU Parliament voted in favor of the European Supply Chain Directive (Corporate Sustainability Due Diligence Directive – CSDDD). This is one of the final steps in a long legislative process. The vote had been delayed several times at the beginning of the year because some EU member states—including Germany—had announced that they would vote against the directive. The planned liability regime of the directive was a particular point of contention.

Content and scope

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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Zev Eigen and Marko Mrkonich explore the benefits and potential risks of using data analytics to augment HR decision-making processes.

SHRM Online

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Marko Mrkonich comments on the current capabilities of artificial intelligence in the workplace.

Workforce

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Scott Rechtschaffen talks about cybersecurity enhancements and the importance of investing in technology. 

Law360

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Aaron Crews explains Littler's Pay Equity Assessment Tool.

Employee Benefit News

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

The National Law Journal

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Aaron Crews explains the many ways AI can benefit employers.

SHRM Online

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Aaron Crews explains how data scientists can help attorneys with efficiencies and innovations both internally and externally.

Legal Executive Institute

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Aaron Crews offers advice on how law firms' innovation efforts can be more successful.

Legal Executive Institute

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Scott Rechtschaffen suggests law firms interested in building and selling technology products should become more nimble. 

ABA Journal

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Aaron Crews describes the use of data in determining liability and building arguments in wage and hour lawsuits.

Financial Times

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Aaron Crews describes the various duties of legal technologists.

Legaltech News

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Mickey Chichester and Natalie Pierce examine how companies may turn to AI and robotics to mitigate disruption and some of the employment implications of such initiatives.

Supply Chain Toolbox

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Welcome to our new bi-monthly series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with these issues every day.

The first article in our series compares the new UK Government’s proposed changes to unfair dismissal protection with the law in Germany to see if there are any lessons that can be learned for UK employers from Continental Europe.

What’s to come in the UK?

Earl “Chip” Jones is quoted in this article on the issues surrounding compliance officers as whistleblowers.

Agenda

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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.
 

Kevin O’Neill comments on the uptick in requests for harassment training from employers.

The Washington Post

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Yesterday’s anti-harassment training won’t cut it in the #MeToo era. Employers must take stock of steps they have taken to prevent and stop sexual harassment in the workplace, and identify how they will answer the clear call for truly effective anti-harassment training.

Jennifer Youpa, a shareholder in Littler’s Dallas office, and Kevin O’Neill, Senior Director of Littler’s Learning Group, discuss the importance of harassment complaint investigations in the #MeToo climate. As Jennifer and Kevin explain, investigatory responses can no longer be “one size fits all,” especially with the possibility of the viral disclosure of allegations or incidents through social media. In this podcast, Jennifer and Kevin reveal strategies and trends they have seen as they conduct training for employers on sexual harassment and related issues.

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:

On August 29, 2018, Delaware Governor John Carney signed into law a bill (HB 360) addressing sexual harassment in the workplace. The new law broadly defines, and prohibits, sexual harassment and retaliation. The statute obligates employers (with 4 or more employees) to issue an information sheet on sexual harassment. It also requires larger employers (with 50 or more employees) to provide sexual harassment training for all employees and supervisors, making Delaware the fifth state to statutorily mandate sexual harassment training.

Earlier this year, New York State adopted anti-sexual harassment legislation that the Governor described as the "strongest and most comprehensive" in the country, and that is now fully effective. As of October 9, 2018, employers must distribute to all New York-based employees an updated anti-sexual harassment policy that covers a number of key areas. Over the next 365 days, employers also must train all New York-based employees regarding sexual harassment and retaliation, and repeat such training annually thereafter.

Happy New Year! As we turn the calendar to 2019, employers across the country are taking stock of recently-enacted workplace regulations on a wide variety of topics.¹

Employers in the Golden State, in particular, have a lot to juggle: new governor, new legislative session, and dozens of new labor and employment laws taking effect as of January 1.² These statutes touch on numerous issues, ranging from lactation accommodation to meal breaks for certain commercial drivers.³

Effective January 1, 2019, California SB 1343 greatly expanded Golden State employers' anti-harassment training requirements. The law not only extends coverage to employers with more than five employees, but it also mandates that employers provide anti-harassment training to all employees – not just supervisors – every two years. But what if an employer provided this training in 2018? Can the next training cycle wait until 2020? No, according to recent guidance from the California Department of Fair Employment and Housing (DFEH).

Last year, California enacted SB 1343,¹ amending California’s Fair Employment and Housing Act (FEHA) to expand employers' sexual harassment training requirements.  Previously, employers with 50 or more employees had to provide their supervisory personnel with two hours of sexual harassment prevention training every two years.

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.

On August 30, 2019, California Governor Gavin Newsom signed Senate Bill 778, revising mandatory anti-harassment training deadlines, and resolving confusion about retraining requirements for certain employees who already received training in 2018 or 2019.

Kevin O'Neill describes the live-action simulations of Littler Learning Group.

Training Magazine

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Helene Wasserman, Los Angeles-based Littler Shareholder and Trial Practice Group Co-Chair, reflects on some good, bad, and ugly impacts of the #MeToo movement since its inception, including recent legislative developments affecting California employers in particular. Discussing training, arbitration agreements, and the extended statute of limitations for FEHA claims with Littler Learning Group’s Marissa Dragoo, Helene provides insights and guidance for California employers as we move into the third year of the cemented #MeToo movement.
 

Barry Kuretzky discusses a recent Ontario Superior Court decision that punished an employer for trying to intimidate an employee through what the judge determined was a meritless counter claim.

Human Resources Director Canada

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Update: This law was enacted on January 20, 2024.  It goes into effect March 20, 2024.

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Jim Paretti explains his view about the independent contractor rule that applies to real estate agents, and how it’s reviving an ongoing debate weeks before the regulation is set to take effect.

Law360 Employment Authority

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"If Chevron is overturned or modified in a significant way by the Court, some impacts will be immediate," the writers state. "For one, it will affect current litigation, such as the lawsuits that have been filed to challenge the Department of Labor’s independent contractor rule, the Davis-Bacon reform rule, and the ESG investing rule."

March 8, 2024

In London District Catholic School Board v.