on What's Next: Decrypting Iran | Phone Frisking | Legal Meltdown By www.littler.com Published On :: Mon, 26 Feb 2018 21:38:21 +0000 Aaron Crews suggests how data could change business law. Law.com View Article Full Article
on Massachusetts Attorney General Publishes Long-Anticipated Guidance on the Revised Pay Equity Law By www.littler.com Published On :: Mon, 05 Mar 2018 23:28:40 +0000 The Massachusetts Attorney General has recently published an Overview and Frequently Asked Questions (the “Overview”) regarding the amendment to the Massachusetts Equal Pay Act, set to take effect on July 1, 2018. The Overview answers many questions that employers have been asking about this wide-ranging new law. The Overview also confirms the importance of an employer self-evaluation, offering some direction on what types of evaluations are appropriate, and explaining how it could protect a company from liability under the law. The New Equal Pay Act Full Article
on Littler Mendelson Takes Aim at Pay Inequity with New Software By www.littler.com Published On :: Mon, 30 Apr 2018 15:40:08 +0000 Aaron Crews explains Littler's Pay Equity Assessment Tool. Employee Benefit News View Article Full Article
on Bloomberg Law’s VIDEO Coverage of the 2018 Littler Executive Employer Conference By www.littler.com Published On :: Thu, 17 May 2018 19:17:05 +0000 Bloomberg Law’s® Daily Labor Report® news team at the Littler Executive Employer® Conference interviewed panelists about a broad spectrum of employment and labor topics addressing significant developments, emerging trends and challenges facing in-house counsel, employee relations professionals and human resources executives. Full Article
on Littler and Prime Policy Group Release Joint Report on the Impact of AI and Automation on the American Workforce By www.littler.com Published On :: Fri, 15 Jun 2018 23:11:32 +0000 Report Explores the Myriad Issues Related to Technology-Induced Displacement of Employees (TIDE) Full Article
on Good Data Is The Foundation For Data-Driven People Management By www.littler.com Published On :: Wed, 27 Jun 2018 20:02:28 +0000 Aaron Crews authored this article on how planning can help HR leverage big data and analytics to improve hiring, training and retention. HR Technologist View Article Full Article
on In the Rush to Big Data, Don't Ignore the Legal Risks By www.littler.com Published On :: Tue, 24 Jul 2018 14:18:16 +0000 Aaron Crews and Marko Mrkonich co-authored this article that breaks down big data and explains how it can be used in the workplace. TLNT View Article Full Article
on ILTACON 2018: Emerging Roles in Legal Technology (Part 1) By www.littler.com Published On :: Mon, 24 Sep 2018 21:53:16 +0000 Aaron Crews explains how data scientists can help attorneys with efficiencies and innovations both internally and externally. Legal Executive Institute View Article Full Article
on ILTACON 2018: Emerging Roles in Legal Technology (Part 2) By www.littler.com Published On :: Tue, 25 Sep 2018 15:54:56 +0000 Aaron Crews offers advice on how law firms' innovation efforts can be more successful. Legal Executive Institute View Article Full Article
on Littler Survey Finds Employers Responding to Robust Federal Enforcement, Active State Legislatures and Ongoing #MeToo Movement By www.littler.com Published On :: Mon, 06 May 2019 16:58:00 +0000 Eighth annual survey of more than 1,300 employers finds HR and business leaders grappling with increasingly complex compliance challenges, focused on preventing workplace harassment and pay inequality Full Article
on What Should Employers Do About the California Consumer Privacy Act? By www.littler.com Published On :: Wed, 12 Jun 2019 15:35:32 +0000 Philip Gordon suggests steps that employers should take in response to the privacy act. SHRM Online View Article Full Article
on Synthetic Reality & Deep Fakes: Considerations for Employers and Implications of the Rise of Deep Fakes in the Workplace By www.littler.com Published On :: Mon, 17 Jun 2019 17:02:20 +0000 In an age where computer generated imagery (CGI) and digital effects enable entire film genres to exist, like Marvel’s superhero series the Avengers or Guardians of the Galaxy, audiences have no expectation that movies they consume depict actual events or reflect reality. It is therefore reasonable to assume that the context and forum of how digital media and information is communicated, observed and consumed informs our default expectations of it. Full Article
on Digitization of the Workplace: The Impact of AI and Automation on the American Workforce By www.littler.com Published On :: Tue, 18 Jun 2019 19:11:44 +0000 In this podcast, Aaron Crews, Littler’s Chief Data Analytics Officer, Natalie Pierce, co-chair of Littler’s Robotics, AI and Automation Practice Group and Diversity and Inclusion Council and Garry Mathiason, co-chair of Littler’s Robotics, AI and Automation Practice Group discuss what impact AI and automation will have on employers in the future. Full Article
on Littler’s Chief Knowledge Officer and Cornell Law Students Discuss How Hands-on Tech Training Enhances the Practice of Law By www.littler.com Published On :: Tue, 28 Jan 2020 14:50:55 +0000 In this podcast, Littler’s Chief Knowledge Officer, Scott Rechtschaffen, talks with his Cornell Law School students about the potential for lawyers to use software to develop practical tools for the delivery of legal services. During their semester, the students experienced how to take their growing knowledge of the law, identify a problem, coordinate with subject matter and technical experts, and create a legal app designed to assist users, who might be either clients or fellow attorneys. Full Article
on Workplace Litigation: Why US Employers Are Turning to Data By www.littler.com Published On :: Fri, 21 Feb 2020 21:45:09 +0000 Aaron Crews describes the use of data in determining liability and building arguments in wage and hour lawsuits. Financial Times View Article Full Article
on Legal Tech’s Predictions for Business of Law and ALSPs in 2021 By www.littler.com Published On :: Wed, 17 Feb 2021 17:25:56 +0000 Scott Forman explains how firms must adopt integrated technology in order to operate collectively. LegalTech News View Article (Subscription required.) Full Article
on NLRB Rescinds 2020 “Election Protection Rule” By www.littler.com Published On :: Wed, 31 Jul 2024 16:21:01 +0000 The NLRB has rescinded its April 1, 2020 election rule on blocking charges, voluntary recognition and construction industry bargaining relationships. The Board’s action eliminates safeguards on the use of blocking charges, removes the 45-day window for employees to challenge an employer’s voluntary recognition of a union and lowers the bar for unionizing in the construction industry. Full Article
on Ontario, Canada Appeal Court Finds Aggravated Damages Award Can Be Made Without Medical Evidence of Diagnosable Psychological Injury By www.littler.com Published On :: Tue, 13 Aug 2024 19:21:56 +0000 Court of Appeal for Ontario allowed aggravated damages for an employer’s bad-faith conduct during an employee’s dismissal in the absence of medical evidence identifying a diagnosable psychological injury. Court also found medical expert testimony is not required to show an employee is physically incapable of mitigating damages during the reasonable notice period. Full Article
on More Carrot Than Stick Perceived in Anti-Corruption Regulation By www.littler.com Published On :: Tue, 12 May 2015 15:51:20 +0000 Earl “Chip” Jones is quoted in this article on the issues surrounding compliance officers as whistleblowers. Agenda View Article (subscription required) Full Article
on Investigations in the #MeToo Environment: The Importance of Planning Before A Harassment Complaint By www.littler.com Published On :: Wed, 13 Jun 2018 19:46:53 +0000 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. Full Article
on Spotlight on Positive Employee Relations Training: How Employers Can Reap the Benefits of Employee Engagement By www.littler.com Published On :: Thu, 09 Aug 2018 16:32:32 +0000 In this podcast, Littler attorneys Michael Kessel, Russ McEwan and Alan Model, out of our Newark office, discuss the importance of cultivating “employee engagement” to foster a productive, invested workforce. They also describe the new Littler Positive Employee Relations Series, which offers customized, intensive training to supervisors on the causes of negative morale and then arms them with practical tools to spot and handle problems before they get out of hand. Full Article
on New York Sexual Harassment Laws – The City Commission Publishes Poster and Fact Sheet By www.littler.com Published On :: Tue, 14 Aug 2018 01:23:58 +0000 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: Full Article
on Delaware Adopts Law Expanding Sexual Harassment Protections and Requiring Employee Training By www.littler.com Published On :: Thu, 30 Aug 2018 14:44:07 +0000 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. Full Article
on #MeToo Training 2.0: California Promotes Bystander Intervention Training By www.littler.com Published On :: Wed, 13 Mar 2019 17:24:22 +0000 Bruce Sarchet, of Littler’s Workplace Policy Institute, and Marissa Dragoo with the Littler Learning Group, take a look at a new type of workplace training – bystander intervention training – that is now encouraged for California employers. This optional training teaches employees how to evaluate and respond to problematic behaviors in the workplace, empowering them to interrupt difficult situations, such as sexual harassment. Full Article
on New York City Publishes Sexual Harassment Prevention Training Video and New FAQs By www.littler.com Published On :: Wed, 10 Apr 2019 19:40:24 +0000 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. Full Article
on California’s Continued Reaction to #MeToo Two Years Later – the Good, the Bad, and the Ugly By www.littler.com Published On :: Mon, 02 Dec 2019 16:20:40 +0000 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. Full Article
on Littler Mendelson Goes All In on Video By www.littler.com Published On :: Tue, 03 Dec 2019 15:52:59 +0000 Kevin O'Neill explains the benefits of teaching via multimedia platforms such as videos. Attorney at Work View Article Full Article
on Rethinking Training – Bystander Intervention and Diversity & Inclusion Sessions By www.littler.com Published On :: Mon, 09 Dec 2019 18:32:57 +0000 Asha Santos, Shareholder in Littler’s Boston office, explains the purpose of bystander intervention training and the value of diversity and inclusion sessions in today's workplace. Full Article
on Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements By www.littler.com Published On :: Thu, 16 Jan 2020 23:17:40 +0000 Full Article
on Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements By www.littler.com Published On :: Thu, 16 Jan 2020 23:35:40 +0000 Full Article
on Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements By www.littler.com Published On :: Thu, 16 Jan 2020 23:40:43 +0000 Full Article
on Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements By www.littler.com Published On :: Thu, 16 Jan 2020 23:44:22 +0000 Full Article
on Anti-Harassment Compliance Training for 2020 and Beyond By www.littler.com Published On :: Fri, 18 Sep 2020 16:49:36 +0000 Full Article
on New Executive Order Seeks to Regulate Diversity Training by Federal Contractors and Grant Recipients By www.littler.com Published On :: Wed, 23 Sep 2020 21:41:53 +0000 Update: On December 22, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Executive Order 13950. Full Article
on $2.49 million verdict underscores expansive USERRA protections By www.littler.com Published On :: Fri, 10 Nov 2023 20:13:40 +0000 Bradford J. Kelley and James A. McGehee review a multimillion-dollar verdict for a U.S. Army veteran under the Uniformed Services Employment and Reemployment Rights Act and discuss the law's scope beyond other employment anti-discrimination laws. Westlaw Today View (Subscription required.) Full Article
on Veteran Wins Lawsuit Over Lack of Disability Accommodation By www.littler.com Published On :: Fri, 10 Nov 2023 20:23:05 +0000 Bradford Kelley comments on a case that he says shows several ways in which USERRA is more far-reaching than other employment anti-discrimination laws even though it gets less attention. SHRM Online View (Subscription required.) Full Article
on Wrongful dismissal claim ends in Superior Court slap-down – Ontario judge tells employer to pay up By www.littler.com Published On :: Wed, 15 Nov 2023 15:57:05 +0000 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 View (Subscription required.) Full Article
on Is the NLRB Unconstitutional? The Courts May Finally Decide By www.littler.com Published On :: Fri, 17 Nov 2023 16:59:22 +0000 Alexander Thomas MacDonald discusses an upcoming Supreme Court case that may determine how much power the National Labor Relations Board should have. The Federalist Society View Full Article
on SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts By www.littler.com Published On :: Mon, 18 Dec 2023 14:41:49 +0000 On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Full Article
on Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims By www.littler.com Published On :: Tue, 02 Jan 2024 15:26:12 +0000 The U.S. Court of Appeals for the Eleventh Circuit has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. Full Article
on New York City Council Passes Bill that Would Create a Private Right of Action under the Earned Safe and Sick Time Act By www.littler.com Published On :: Mon, 08 Jan 2024 21:22:15 +0000 Update: This law was enacted on January 20, 2024. It goes into effect March 20, 2024. * * * Full Article
on AI and Workplace Monitoring By www.littler.com Published On :: Wed, 10 Jan 2024 17:39:27 +0000 Bradford J. Kelley says employers are increasingly using AI and other technology to measure or enhance worker productivity and efficiency. Asian Robotics Review View Full Article
on California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds By www.littler.com Published On :: Mon, 22 Jan 2024 14:54:42 +0000 California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the PAGA. Class action manageability requirement cannot be superimposed onto PAGA claims. The Court did not decide whether an employer may strike an unmanageable PAGA claim on the ground that the claim violates an employer’s due process rights. Full Article
on House Hearing Highlights Real Estate Contractor Question By www.littler.com Published On :: Fri, 16 Feb 2024 21:03:09 +0000 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 View (Subscription required.) Full Article
on Originalism, Social Contract, and Labor Rights: What the Reawakening of Natural Law Means for Exclusive Union Representation By www.littler.com Published On :: Fri, 16 Feb 2024 21:12:01 +0000 Alex MacDonald explains why natural labor law and principles may soon return to center stage in the legal world. North Dakota Law Review View Full Article
on Back to the Future? UK Government Consults on the Potential Reintroduction of Tribunal Fees By www.littler.com Published On :: Mon, 04 Mar 2024 14:58:58 +0000 At the end of January 2024, the UK Government set out a surprise proposal to introduce a £55 fee for individuals to bring proceedings in the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT). Full Article
on On 'Chevron' Deference and a Path Forward By www.littler.com Published On :: Fri, 08 Mar 2024 16:26:57 +0000 "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 Full Article
on 2nd Circ. Fortifies Employer Defenses Against Attacks On DEI By www.littler.com Published On :: Thu, 14 Mar 2024 14:28:54 +0000 After a recent Second Circuit decision curbed an ideological organization's ability to bring a case against a DEI program without proving someone had actually been harmed, Cindy-Ann L. Thomas said other courts will take note of the standing rationale. Law360 Employment Authority View (Subscription required.) Full Article
on DOL's Final Rule on Independent Contractor Classification Likely Is Not the Final Word By www.littler.com Published On :: Wed, 27 Mar 2024 15:09:49 +0000 Andrea M. Kirshenbaum and Jennifer N. Capozzola dive into the U.S. DOL’s final rule (2024 IC Rule) for analyzing whether a worker should be classified as an employee or independent contractor under the FLSA and the lawsuits and challenges that remain in its path. The Legal Intelligencer View Full Article
on Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human Rights Tribunal By www.littler.com Published On :: Thu, 04 Apr 2024 19:03:01 +0000 In London District Catholic School Board v. Full Article
