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Littler Mendelson Takes Aim at Pay Inequity with New Software

Aaron Crews explains Littler's Pay Equity Assessment Tool.

Employee Benefit News

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Littler Survey Finds Employers Reeling from Regulatory Shifts and New Forces Impacting the Workplace

Seventh annual survey of more than 1,100 employers reveals how companies are responding to rapid social and political changes




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Bloomberg Law’s VIDEO Coverage of the 2018 Littler Executive Employer Conference

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.




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Companies Are Warned About Compliance 'Minefields' for Pay Equity

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

The National Law Journal

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Is your recruitment team ready for AI?

Aaron Crews discusses efficient ways to use AI in the workplace.

HR Dive

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Littler and Prime Policy Group Release Joint Report on the Impact of AI and Automation on the American Workforce

Report Explores the Myriad Issues Related to Technology-Induced Displacement of Employees (TIDE)




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Littler Survey: Employers Reeling from Regulatory Shifts, New Forces Impacting Workplace

Littler attorneys comment on the results of Littler's Annual Employer Survey and analyze the impact that sweeping regulatory changes and other factors, including the #MeToo movement, have on employers.

General Counsel News

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ILTACON 2018: Emerging Roles in Legal Technology (Part 1)

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

Legal Executive Institute

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ILTACON 2018: Emerging Roles in Legal Technology (Part 2)

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

Legal Executive Institute

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The Littler Annual Employer Survey 2019

Employers’ compliance challenges have swelled on multiple fronts over the past year as HR and business leaders grapple with an increasingly complex regulatory landscape. With changes under the Trump administration proving slow to materialize, most employers continue to anticipate robust enforcement by the Department of Labor and Equal Employment Opportunity Commission in particular.




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Littler Survey Finds Employers Responding to Robust Federal Enforcement, Active State Legislatures and Ongoing #MeToo Movement

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




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What Should Employers Do About the California Consumer Privacy Act?

Philip Gordon suggests steps that employers should take in response to the privacy act.

SHRM Online

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Synthetic Reality & Deep Fakes: Considerations for Employers and Implications of the Rise of Deep Fakes in the Workplace

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.




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Workplace Litigation: Why US Employers Are Turning to Data

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

Financial Times

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Why the Legal Technologist Career Path Presents Both Opportunity and Danger

Aaron Crews describes the various duties of legal technologists.

Legaltech News

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How AI Will Make Global Supply Chains Smarter, and Alter the Employment Landscape in a Post-Pandemic World

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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Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

  • The Third Circuit agreed with the lower court that a preliminary injunction was not warranted to block New Jersey’s Temporary Workers Bill of Rights (the “Bill of Rights”) in a challenge by industry groups.
  • The appellate court ruled that the Bill of Rights does not unlawfully burden out-of-state businesses or exceed the state’s police power, and is not unlawfully vague.




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Ontario, Canada Appeal Court Finds Aggravated Damages Award Can Be Made Without Medical Evidence of Diagnosable Psychological Injury

  • 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.




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Cross-Border Legal Perspectives: Comparing the UK and Germany's Approaches to Unfair Dismissal

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?




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(Allegedly) Criminal Employees: How to Handle the Related HR Issues in the UK

How should an employer respond when an employee is accused, charged, or convicted of a crime?

Fortunately, this is not a day-to-day issue that HR teams tend to deal with, but when it does arise, it can raise complex employment law issues and employers may have a PR crisis on their hands.




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New Brazil Pay Transparency Report Is Due by the End of September 2024

  • Companies with more than 100 employees in Brazil must post their pay transparency report by September 30, 2024.
  • This will be the second report since the law and its regulations went into effect earlier this year.
  • Regulations to implement Brazil’s law requiring the pay transparency report and action plan have been heavily criticized in the business community.




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Roundtable Event with the Author of California’s New Anti-Bullying Law




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8 Steps for Addressing Bullying in the Workplace

Kevin O’Neill co-authored this article about how employers can combat workplace bullying.

Corporate Counsel

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8 Steps for Addressing Bullying in the Workplace

Katherine Cooper Franklin co-authored this article about how employers can combat workplace bullying.

Corporate Counsel

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Labor & Employment Law Developments: Looking Back at 2015 and Ahead to 2016 - San Jose




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Are Your Compliance Training Efforts Keeping Pace With Industry Standards?

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.
 




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Why Sexual Harassment Training Doesn’t Stop Harassment

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

The Washington Post

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Spotlight on Positive Employee Relations Training: How Employers Can Reap the Benefits of Employee Engagement

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.
 




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New York Sexual Harassment Laws – The City Commission Publishes Poster and Fact Sheet

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:




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Delaware Adopts Law Expanding Sexual Harassment Protections and Requiring Employee Training

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.




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New York Anti-Sexual Harassment Requirements Take Full Effect

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.




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“Charting” a Course for the New Year: A Summary of California’s Expanded Employer Training Duties

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




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#MeToo Training 2.0: California Promotes Bystander Intervention Training

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.
 




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New York City Publishes Sexual Harassment Prevention Training Video and New FAQs

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.




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Games People Play—To Learn

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

Training Magazine

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California’s Continued Reaction to #MeToo Two Years Later – the Good, the Bad, and the Ugly

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.
 




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Rethinking Training – Bystander Intervention and Diversity & Inclusion Sessions

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.
 




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Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements




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Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements




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Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements




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Sexual Harassment Prevention Training that Satisfies New York State’s and New York City’s Annual Training Requirements




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Anti-Harassment Compliance Training for 2020 and Beyond




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New Executive Order Seeks to Regulate Diversity Training by Federal Contractors and Grant Recipients

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.




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Veteran Wins Lawsuit Over Lack of Disability Accommodation

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

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Wrongful dismissal claim ends in Superior Court slap-down – Ontario judge tells employer to pay up

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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Is the NLRB Unconstitutional? The Courts May Finally Decide

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

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Employer Takeaways From 2nd Circ. Equal Pay Ruling

Thelma Akpan and Katelyn McCombs discuss a U.S. Court of Appeals for the Second Circuit decision that reversed a long-held understanding of the Equal Pay Act and could have a significant effect on equal pay litigation.

Law360

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Cultivating learning for new lawyers

Mattheus Stephens discusses the importance of training and learning opportunities for new attorneys and provides recommendations for senior practitioners to help guide and teach them, including:




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New York City Council Passes Bill that Would Create a Private Right of Action under the Earned Safe and Sick Time Act

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

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California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

  • 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.