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Illinois Federal Court Holds that a Pension Rehabilitation Plan Fund Used an Improper High-Contribution Rate in Withdrawal Liability Calculations

  • In a matter of first impression for federal courts, the Northern District of Illinois found that a pension fund cannot use post-2014 contribution rate increases made pursuant to a rehabilitation plan to calculate an employer’s withdrawal liability payment amount.
  • This decision represents a major victory for employers faced with inflated withdrawal liability demands.




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New Guidance Permits Oregon Employers to Rescind Previously Protected Unpaid Family and Medical Leave Effective July 1, 2024

Oregon’s Paid Family and Medical Leave Insurance Program (“Paid Leave Oregon”) generally provides eligible employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave. Since Paid Leave Oregon took effect on September 3, 2023, employees have been stacking Paid Leave Oregon leave benefits and Oregon Family Leave Act (OFLA) leave benefits, leaving employers frustrated with staffing shortages.




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What is unlimited Paid Time Off or PTO, and is it right for your business?




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Statutory paternity pay uptake falls amid financial pressures, stats show

Mark Callaghan says the new UK government should increase Statutory Paternity Pay “in excess of inflation,” because it would benefit businesses and families alike.

People Management

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San Francisco-Based Employees? Health Care Expenditures May Be Required

  • The San Francisco Health Care Security Ordinance (HCSO) requires employers to make certain health care expenditures on behalf of their San Francisco-based employees, even if the employer is not located in the City.
  • Given the complexity of the HCSO, it is advisable to consult with experienced legal counsel to ensure full compliance with all aspects of the law.




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Why Employers Should Care About Women’s Health And Its Impact On Workplace Policies

Mikayla Almeida, Kimberly Doud and Anne Sanchez LaWer explain to employers about how implementing benefits related to women’s health and fertility could reduce turnover and retain talent.

ACC Central Florida

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San Francisco-Based Employees: Health Care Expenditures May Be Required

Anne C. Sanchez and Briana M. Swift explain what employers need to know about the San Francisco Health Care Security Ordinance (HCSO), a local ordinance that requires employers to make certain healthcare expenditures on behalf of their San Francisco-based employees.

SHRM

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Supreme Court Will Decide if Former Employees Can Sue Over Post-Employment Benefits

Ellen Donovan McCann says post-employment benefits are often the first to be amended when businesses experience budget challenges, but employers may have to take more care in changing them if SCOTUS decides that former employees can sue over those benefits.

SHRM

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Navigating the New Jersey Department of Labor: Ensuring Wage, Hour and Benefit Compliance




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New Normal: New Challenges: Guidance for Navigating Facial Covering Requirements and the Challenges of Non-Compliance

Chelsea Lewis provides recommendations for navigating the challenges that may arise when customers or clients refuse to abide by COVID-19 mandates.

ACC South Florida

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Protection for Criminal Antitrust Whistleblowers Signed into Law

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3. The Act, which Senator Chuck Grassley sponsored, prohibits employers from retaliating against individuals who report criminal antitrust violations to their employer or the federal government, or who participate in a federal governmental criminal antitrust investigation or proceeding.  

Background




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Employment Law Implications of the New Anti-Money Laundering Act

When Congress overrode President Trump’s veto of the National Defense Authorization Act on January 1, 2021, it enacted the Anti-Money Laundering Act (AMLA), which was part of the defense authorization bill.  In doing so, Congress implemented the most sweeping anti-money-laundering statute since the USA PATRIOT Act.  In addition to a number of regulatory reforms and new disclosure requirements, the AMLA has put into place new whistleblower protections, adding to the range of statutes that have effectively created anti-retaliation provisions for virtually every activity regulated by federal




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Medical and Recreational Marijuana in Arizona




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Oregon Employment Law Update: Legislators Debate Big New Changes




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Compliance Coffee Talk: Colorado's New Equal Pay Transparency Job Posting and Internal Promotion Notice Requirements




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The Right to Recall: New Obligations for Employers in California and Beyond




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The Anti-Money Laundering Act Expands Whistleblower Protections

The recently enacted Anti-Money Laundering Act significantly increases the potential value of awards for whistleblowers under the Bank Secrecy Act. The challenge for a financial services employer is to establish that discipline against an employee in a compliance role is supported by evidence that the decision was based on the employee's incompetence or other inappropriate behavior, and that any whistleblowing activity he or she engaged in was not a consideration. Philip M. Berkowitz explores the issues in this edition of his Employment Issues column.

 




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7 Dos and Don'ts When an Employee Is at Risk for Self Harm

Terri Solomon talks to HR Dive about how employers can best handle mental health crises in the office.

HR Dive

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FCA and PRA proposals for more intensive monitoring and public reporting of diversity are ground breaking

Natasha Adom discusses proposals from the FCA, PRA and Bank of England that would require financial services firms to provide more detailed monitoring and report of diversity and inclusion. 

IFA Magazine

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Arizona Employers Should Note Expanded State and Local Anti-Bias Laws

Steve Biddle examines the recently expanded Arizona Civil Rights Act (ACRA) as well as new ordinances passed by Arizona cities that expand protected categories and coverage.

SHRM Online

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FCA diversity plans: 'My client said, don't let them know you’re gay’

Natasha Adom discusses measures FCA, PRA and BoE regulators are considering to improve diversity and inclusion in the financial services sector. 

Investment Week

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Internal Disclosures from Compliance Audits –What Could Go Wrong?

Compliance or internal audit departments frequently carry out audits intended to assure that business partners in an organization, such as human resources or legal departments, have in place policies and procedures that are effective for maintaining corporate compliance and consistent with the myriad laws with which the organization must comply, including employment, whistleblower, and anti-bribery and corruption.  These reviews are often not confined to policies but may also seek review of actual compliance events and sensitive contemporaneous records.  For example, in the case of an inte




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Connecticut Limits Inquiries into Age of Job Applicants

Kyle Roseman and Lori Alexander examine a new law in Connecticut, Public Act 21-69, which bans employers from inquiring into the ages of prospective employees "on an initial employment application."

SHRM Online

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Texas Expands Protections for Employees Asserting Sexual-Harassment Claims

Michael Royal and Alyssa Peterson discuss two new laws that will bring changes for employers in Texas by expanding protections for employees who assert claims of sexual harassment under the Texas Labor Code.

SHRM Online

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Allyship: An Important Part of the Inclusion, Equity, and Diversity Conversation

Kimberly J. Dowd, Chelsea Lewis and Kameron Miller explain the meaning of “allyship” and how it can be applied in the workplace. 

ACC North Florida

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Can they force you to get vaccinated at work?

Jorge Sales Boyoli answers questions about whether mandates requiring employees to get vaccinated are legal under Mexico’s labor laws.

Entrepreneur

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Employer Hiring Tips As 'Ban The Box' Laws Proliferate

Stephanie Chavez offers advice to employers who are considering hiring individuals who have a criminal record.

Law360 Employment Authority

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When Does Tough Talk Rise to an Ethical Violation or Even Extortion?




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Europe and Canada Seek to Mandate Human Rights Due Diligence and Transparency Obligations on Companies and Their Global Partners

This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers. 




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Navigating New Nevada Laws: What to Know and How to Prepare




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Beware of lying on the resume: Not only can you lose your job but commit a crime

Miguel Arberas explains that those who lie about their training and training to get a job can be dismissed even if there is no damage. 

EL PAÍS

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The New Normal: Continuing Considerations of Hybrid and Remote Work




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New Anti-Money Laundering Whistleblower Improvement Act Expands Coverage and Strengthens Incentives for Whistleblowers

On December 29, 2022, President Biden signed a new whistleblower law that significantly increases the risk and cost of whistleblower claims for domestic and overseas financial services institutions that must be cognizant of anti-money laundering (AML) laws and regulations. This covers 26 categories of institutions, including banks, branches and agencies of foreign banks, broker-dealers, insurance companies, operators of credit card systems, mutual funds, certain casinos, and travel agencies.




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What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?




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2023 Mid-Atlantic Regional Employer Conference




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Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel.




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Massachusetts Expands Reasons for Use of Earned Sick Time

The Massachusetts legislature has expanded the reasons employees can use Massachusetts Earned Sick Time through provisions in a larger bill entitled, “An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options.”  Employees may now use Massachusetts Earned Sick Time to “address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted reproduction, adoption or surrogacy.”




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New OFCCP Construction Scheduling Letter and Itemized Listing

  • OFCCP’s new Construction Scheduling Letter and Itemized Listing include a number of key revisions and obligations for covered construction contractors and subcontractors.
  • Changes include a new Item to the Construction Scheduling Letter seeking information about tests and selection procedures, including those using artificial intelligence, algorithms, and automated systems.




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Canada Imposes New Language and Field of Study Requirements on Its Post-Graduation Work Permit Program

On September 18, 2024, Canada announced that it would impose new language and field of study eligibility requirements on its Post-Graduation Work Permit (PGWP) Program.




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Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

  • HRTO dismissed a volunteer’s claim that he experienced discrimination because of his sexual orientation, gender identity and gender expression when he was asked to remove 2SLGBTQ2 symbol from his name badge, because the organization’s Dress Code applied to all volunteers and to any and all alterations to name badges. 




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New Maryland Wage Laws Take Effect

On October 1, 2024, Maryland’s Pay Stub/Pay Statement and Pay Transparency laws went into effect. The laws were passed during the General Assembly’s 2024 legislative session and amended the state’s Wage Payment and Collection Law and Equal Pay for Equal Work law, respectively.

Pay Stub/Pay Statement Law Requirements




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NLRB General Counsel Explains What Remedies She Wants for Non-Competes She Considers Illegal and Promises Crack-Down on “Stay-or-Pay” Agreements

  • NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA.
  • The Memorandum also alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.




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The City of Euless Repeals Texas’s Only Predictive Scheduling Ordinance

The Euless, Texas Fair Overtime and Scheduling Standards Ordinance that imposed predictive scheduling obligations on covered employers is no more.   

The Unusual Origin of the Ordinance 




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How can employers address varying sensitivities to DEI issues in a multinational workforce?




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Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving Failure to Mitigate

  • Ontario’s Superior Court of Justice held that because a termination for cause provision in an employment contract defined “cause” more broadly than does the Employment Standards Act, 2000 it was unenforceable.
  • Court also held the employer failed to prove the employee did not mitigate her damages.




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Dallas Cowboys Cheerleaders and Equal Pay: What the Hit Netflix Show Tells UK Employers

The latest binge watch for many of us at GQ|Littler was the Netflix hit, “America’s Sweethearts: Dallas Cowboys Cheerleaders,” which follows a year in the life of NFL’s Dallas Cowboys cheerleading team.




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DOL Issues Guidance on AI and Worker Well-Being Best Practices

  • DOL issued new guidance, Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers.
  • These non-binding “Best Practices” are intended to serve as a roadmap for developers and employers to implement eight principles set forth in earlier DOL guidance on AI.




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Pro Bono Week Podcast – Nonpartisan Election Activities

Attorneys Sarah Coats, Carly Compton, Christina Cordoza, Chris Johlie and Mark Flores share more about the nonpartisan election activities they have assisted with on a pro bono basis with Pro Bono Committee Member Breanne Martell.

As part of the annual National Celebration of Pro Bono hosted by the American Bar Association, Littler is highlighting various pro bono efforts from around the firm. Our attorneys and professional staff demonstrate their commitment to pro bono by providing significant efforts to organizations in their communities.
   




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Pro Bono Week Podcast – Migrant Families Seeking Asylum

Attorneys Colette Kopon and August Johannsen join Pro Bono Committee Member Lavanga Wijekoon in discussing their participation in Littler’s pro bono clinic, held in collaboration with the National Immigrant Justice Center, focused on assisting migrant families seeking asylum in the U.S.




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Pro Bono Week Podcast – Assisting Veterans Through Client Partnership

Pro Bono Committee Member Jenny Schwendemann is joined by Associate Don Nguyen, Customer Success Senior Coordinator Megan Gunn, Director Christie Bhageloe (Veterans Consortium Discharge Upgrade Program) and Associate Corporate Counsel Kate Brown (Amazon) to discuss Littler’s pro bono collaboration with Amazon in support of The Veterans Consortium.