On Monday, January 24, 2022, the U.S. Supreme Court issued an opinion in a case of critical interest to employers offering 401(k) or other defined-contribution retirement plans.  In Hughes v. Northwestern University, Case No. 19-1401, the Court voted unanimously to vacate a decision from the U.S. Court of Appeals for the Seventh Circuit, temporarily reinstating allegations by employees of Northwestern University that the fiduciaries of Northwestern’s retirement plans had violated the duty of prudence required by ERISA.

On October 14, 2022, the Pension Benefit Guaranty Corporation (PBGC), the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the Employee Retirement Income Security Act of 1974 (ERISA), published a proposed rule governing employer withdrawal liability.

Sarah Bryan Fask explains why attorneys are critical of Pension Benefit Guaranty Corp.’s proposed rule to use interest rate assumptions to determine a withdrawing employer's liability to a multiemployer pension plan.

Law360

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(November 3, 2022) – Littler, the world’s largest employment and labor law practice representing management, has earned “Law Firm of the Year” status in the category of Employment Law – Management on the 2023 U.S. News – Best Lawyers^® “Best Law Firms” list. The firm also received “National Tier 1” rankings for the 13th consecutive year in the following practice areas:

Employers offering 401(k) and similar retirement plans should familiarize themselves with a new rule published by the Employee Benefits Security Administration of the U.S. Department of Labor, Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights, which takes effect on January 30, 2023.

Lawsuits against employers offering retirement benefit plans have been on the rise.  Recent suits, discussed in this update, have provided some guidance for employers. 

Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging their fiduciary management of investment options and participant fees. A recent federal court decision, however, shows that fiduciaries of ERISA retirement plans may be able to attack and defeat complaints alleging breaches of ERISA fiduciary duties at the pleading stage if the right arguments are made and if certain fact patterns are present. 

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:

In the weeks leading up to and during the historic confirmation hearings of Judge Ketanji Brown Jackson to the Supreme Court, the first Black female justice was repeatedly recognized by a number of senators for being so “articulate” while being questioned. The “compliment” resonated at the same frequency as fingernails screeching across a chalkboard for many listeners.

Littler Principal Cindy-Ann Thomas and her special guest, Professor Inte’a DeShields:

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.
  

In this How to Do Business in the Americas podcast series installment, Littler attorneys Lori Brown, Jorge Sales Boyoli and Juan Carlos Varela discuss relevant labor and employment issues employers will face in the Americas in 2023.

Topics include managing “wandering workers,” making staffing decisions in this period of economic uncertainty, and addressing the impact of labor law reform and union activism in multiple countries, among other issues multinational employers can anticipate at this post-pandemic stage.
 

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.
  

Since the United States Supreme Court issued its ruling in Students for Fair Admissions v. Harvard University and the University of North Carolina on June 29, 2023, striking down race-conscious admission processes in higher education, it has sent shock waves throughout the corporate community as business leaders consider the decision’s potential impact on their own diversity, equity & inclusion (DEI) initiatives.

Littler Principal Cindy-Ann Thomas and her guest, Littler Shareholder Kim Carter, explore:

When President Biden withdrew from the 2024 presidential campaign last month and endorsed Vice President Kamala Harris to be the Democratic Party’s nominee, the move resulted in several historical firsts. It also placed a swift focus on intersectionality and identity politics as tensions mount in the final stretch of the 2024 election cycle.

Littler Principal Cindy-Ann Thomas and her guests, University of North Carolina (Charlotte) Associate Chair of Communications Studies, Professor Debra C. Smith, and Littler Shareholder Bradford Kelley, explore:

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.
 

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.

Back in June, we highlighted that, from October 26, 2024, all employers in the UK will have a mandatory duty to take “reasonable steps” to prevent sexual harassment of their employees in the course of their employment.

On April 11, 2022, Bill 88, Working for Workers Act, 2022 (Bill 88), received Royal Assent and became law. Among other things, Bill 88 enacted the new Digital Platform Workers’ Rights Act, 2022 (DPWRA).¹ The DWPRA did not come into force upon its enactment. 

On September 10, 2024, the Puerto Rico Secretary of Labor issued an Opinion (No. 2024-02) to clarify and provide additional information about the application of Act No. 27-2024, known as the "Act to Facilitate the Implementation of Remote Work in the Private Sector and to Incentivize the Establishment of Airline Bases in Puerto Rico.” Act No. 27-2024 exempts from certain employment law coverage domiciled and non-domiciled employees working remotely from Puerto Rico for out-of-state employers with no business nexus to Puerto Rico, and certain unionized airline employees.  

On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees stemming from an earlier opinion.

On August 26, 2024, the U.S. District Court for the District of Maryland decided in Teamsters Local Union No. 355 v. Total Distribution Services, Inc., that the Maryland Economic Stabilization Act (“Maryland WARN Act” or “Act”) does not provide individuals with the right to file suit in their personal capacity to enforce a legal claim under the Act. The Maryland WARN Act still may be enforced by the Maryland Department of Labor.  The Act is based, in part, on its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act, with important differences. 

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.

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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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

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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Ole Kristian Olsby and Nina Elisabeth Thjømøe clarify how to actively prevent sexual harassment and unwanted attention in the workplace through a recent Supreme Court ruling.

International Law Office (ILO)

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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.

One year into a global pandemic, with vaccinations underway, we are eagerly preparing for social “re-entry.” But how do the isolating behaviors that we have now perfected – in the interest of sheer survival – bode for the concept of “inclusion” in a post-pandemic world?

Littler Principal Cindy-Ann Thomas and her guest, Enidio Magel, Managing Director and Founder of the Multicultural Institute, consider:

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

AdvisorHub

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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.
  

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.
  

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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Littler Principal Cindy-Ann Thomas and her special guest, Pranam Lipinsk, a dedicated scholar of Generation Z and co-founder of Door of Clubs, delve into the (unofficial) rule book for attracting and retaining these young professionals. They will:

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.