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Littler Appoints New Leadership to Its Affinity Groups and Diversity & Inclusion Council

(March 22, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce new leadership for its ‘Ohana and Reunión affinity groups. Additionally, the firm’s Diversity & Inclusion (D&I) Council added six new members.




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Littler Attorneys Selected for Diversity Leadership Programs

(March 23, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that several of its attorneys have been selected for the 2021 Leadership Council on Legal Diversity (LCLD) Fellows and Pathfinders programs and the National Employment Law Council (NELC) Academy.




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AdvisorHub Culture Study Part 5: What Makes an “A” Culture Firm

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

AdvisorHub

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Conversations with Women: Advancing Gender Equity

Jennifer Youpa and Nina Markey discuss the importance of advancing gender equity in the workplace, how access and representation are critical to creating opportunities for women, and how women can help each other achieve their professional goals.
  




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Conversations with Women: From the Military to Law

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.
  




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Recruitment and Staffing Agency Quandaries: Avoiding Claims of Reverse Discrimination in Hiring a Diverse Workforce

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.
  




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Moving Diversity, Equity and Inclusion Programs Forward - Part 1




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Gig Economy Boost Will Persist Post-Pandemic, Report Says

Michael Chichester explains how the pandemic has changed what the workforce looks like today and in the future.

Law360

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Employers Beware: Don’t Leave Zoomers “On Read”!

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:




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Allied Behavior: Turning Allyship into Action

Kimberly Doud of Littler’s Orlando office, Chelsea Lewis of Littler's Miami office, and Kameron Miller of Littler's Charleston office present episode one of the Allied Behavior podcast series. Allied Behavior is focused on cultivating conscious conversations about inclusion, equity, diversity, and allyship in a corporate environment. In this episode, Kimberly, Chelsea, and Kameron discuss the importance of effective allyship and provide suggestions to turn allyship into meaningful action in the workplace.
  




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The Promise and Perils of Affinity Groups; Or, How Not to Bargain with your Employee Resource Group

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.
  




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Moving Diversity, Equity and Inclusion Programs Forward - Part 2: A DE&I Training Session - Fostering a Diverse, Inclusive and Respectful Culture




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Questioning the “Diversity Questionnaire”

Watershed events in recent years like the resurgence of Black Lives Matter and #MeToo have galvanized organizations to step up their commitments in the Diversity, Equity and Inclusion space to gauge the “cultural temperature.” The persisting pandemic has raised the stakes. Accordingly, many companies seeking a roadmap for these efforts increasingly want to begin their journey with a snapshot of who’s in the mix and how they are feeling. Enter the “Diversity Questionnaire.”

Littler Principal Cindy-Ann Thomas and her guest, Littler Shareholder Alyesha Dotson:




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What are you? A Conversation with Littler’s “Other” Attorneys

In support of AAPI Heritage Month, this podcast features Danielle Herring (Houston), Emilie Hammerstein (Pittsburgh) and Alan Sims (Downtown Los Angeles) as they explore their biracial identity and how that shapes the way they practice law.
  




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What is your name? A Conversation with Littler’s Immigrant Attorneys

In continued celebration of AAPI Heritage Month, Eddie Chyun (Cleveland), Lavanga Wijekoon (Chicago) and Aki Tanaka (Boston) share their stories of moving to the U.S., assimilating and adding to the American culture, and how their worldview, experiences, and background prepared them to practice law.
  




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EEOC Blesses Vaccine Incentives, But Gray Areas Remain

Jim Paretti shares his opinion on the EEOC’s response to COVID-19 vaccine incentives.

Law360 Employment Authority

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Littler Names Jeremy Hawpe as Pride Affinity Group Co-Chair

(June 3, 2021) – Littler, the world’s largest employment and labor law practice representing management, has selected Shareholder Jeremy Hawpe (Dallas) as co-chair of its Pride affinity group, joining Shareholder Lauren Schwartzreich (Denver), and succeeding Shareholder Darren Gibson (Austin) who is stepping down to focus on his growing and active practice.




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Sharing Space: A Conversation About Intersectionality

In celebration of Pride Month, Whitney Williams (L.A. – Century City) and Michael Hui (San Francisco) discuss their personal experiences growing up gay in the Black and Asian American communities, what their similar upbringings have taught them about being an attorney, and how the Littler Pride affinity group is an important part of their lives at the firm.
  




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Tips for Employers Confronting Racially Offensive Symbols in the Workplace

Racially offensive symbols, such as Confederate flags, displayed in the workplace can constitute evidence of a racially hostile work environment. In light of this and our ever-increasing efforts to foster harassment-free workplaces, Alyesha Asghar Dotson discusses how employers can prepare for and respond when potentially offensive symbols appear in their workplace.
  




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The History and Importance of Juneteenth

Littler's Chief Inclusion, Equity and Diversity Officer Paul Bateman leads a conversation with Shareholders Dionysia Johnson-Massie (Atlanta), LaToi Mayo (Lexington), Lindbergh Porter (San Francisco), and Charles Wilson (Houston) as they discuss the trail to Juneteenth, its importance and how various acts impacted slavery in the U.S.
  




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Companies Take Advantage of the Implementation of Equality Plans to Incorporate Their Workplace Harassment Protocols

Teresa Trigueros discusses workplace harassment and its protocols.

Confilegal

View




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Littler Recognized Among Top 50 “Best Law Firms for Women” by Seramount

(June 22, 2021) – Littler, the world’s largest employment and labor law practice representing management, has been named one of the “Best Law Firms for Women” for the 12th time by Seramount (formerly Working Mother Media). Littler is one of 50 firms recognized for utilizing best practices in the recruitment, retention, promotion and development of women lawyers.




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Is Your Company Ready for Diversity, Equity, and Inclusion?




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Is Your Company Ready for Diversity, Equity, and Inclusion?




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And You Thought the Bailout Was Bad: Employment Law Risks in the Current Financial Crisis

As the current economic crisis escalates and governmental plans to provide billions of dollars to intervene in the capital markets take shape, financial institutions and other businesses are being forced to restructure their operations through merger, acquisition or reductions in force. The tough economic climate will also, no doubt, lead companies to reassess their benefit plans and executive compensation packages. However, employers must evaluate their own responses to these developments to ensure that they are complying with legal requirements and proceeding cautiously.




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Emergency Act Leaves Many Unanswered Questions

Law360.com

In this attorney-authored article, Steven Friedman of Littler's New York office and Ellen Sueda of Littler's San Francisco office discuss the ambiguities in the Emergency Economic Stabilization Act of 2008 and the changes that financial institutions must make to their current compensation practices in light of the current legislative language.




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Littler Strengthens Employee Benefits Practice with Addition of Warren E. Fusfeld and Melissa B. Kurtzman to the Firm's Philadelphia Office

Philadelphia, PA/ March 20, 2009 -- Littler Mendelson (Littler), the nation's largest employment and labor law firm representing management, is pleased to announce the arrival of shareholders Warren E. Fusfeld and Melissa B. Kurtzman to the firm’s Philadelphia office, both formerly of WolfBlock LLP.




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The Contractual Basis of Incentive Compensation Re-Emphasized: Restricted Stock in Lieu of Cash Wages Can Be Forfeited By Resignation in California

In Schachter v. Citigroup, Inc.,1 the California Supreme Court rejected claims that an incentive plan that conditioned the earning of restricted stock based on continued service was unlawful where the employee voluntarily elected to participate in the plan, and the employee quit before the date on which the incentive was earned. The plan was lawful even though the incentive plan was funded from wages that the employee would have otherwise received in cash.




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Mandatory Shareholder Approval of Executive Compensation: SEC Releases Final Rules on "Say on Pay"

The recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") mandates, for publicly traded companies, shareholder advisory votes on compensation packages provided to top executives and on "golden parachute" packages payable in connection with corporate transactions.




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The Coming Regulatory Avalanche: Engineering Practical Employment and Labor Law Compliance Solutions

The focus of this 2011 Littler Report is to provide employers with information to prepare and plan for regulations recently passed and those currently making their way through the agency rulemaking process. Part One of this Littler Report will set the stage and define the challenge employers will face in the coming years as the Obama Administration enters the second half of its term.




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IRS Proposed Regulations Clarify Certain Equity Compensation Rules Under IRC Section 162(m)

Section 162(m) of the Internal Revenue Code (the "Code") generally limits the deductibility of compensation paid by a publicly traded corporation to its top executive officers (the "covered employees") to $1 million annually (the "Million Dollar Cap"). However, this limit will not apply to certain amounts that qualify as "performance-based compensation." Compensation attributable to stock options, stock appreciation rights ("SARs") and restricted stock grants may qualify as performance-based compensation if they meet certain requirements.




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Financial Services HR Roundtable: Employment Agreements for Financial Institutions




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Compensation Landmines: Examining Commission Plans, Bonuses and Employment Agreements




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Financial Services Roundtable: Update on Compensation Trends in the Financial Services Industry




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Complying with California’s New Written Commission Plan Requirements




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Complying with California’s New Written Commission Plan Requirements




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The Virginia Supreme Court on Damages, Equity Valuation, and the Significance of Delaware Corporations Law in the Termination and Removal of a Chairman and CEO

The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert qualifications required for the valuation of equity following the termination of the chairman and chief executive officer (CEO) ("executive") of a publicly-traded company, as well as the applicability of Delaware Corporations Law to related change in control (CIC) provisions. 

Background




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Texas Supreme Court Rules for Exxon: A New Day for Noncompete-Triggered Forfeitures in Texas?

On August 29, 2014, the Texas Supreme Court in Exxon Mobil Corp. v.




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Using Measurement and Stability Periods under ACA




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2016 Employee Benefits Update - Rochester




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Employee Benefits and Executive Compensation Issues on Termination of Employment




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Executive Compensation and Employee Benefits - Mexico

Monica Schiaffino contributed an overview of the primary sources of law that govern or affect executive compensation arrangements or employee benefits in Mexico.

Getting the Deal Through

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Timely Talk About Wage and Hour Law: Sales-Based Incentives (aka Commissions)




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Pay Equity Compliance: National Trends and Best Practices Moving Forward




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2018 Ohio Regional Employer Conference




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Bills 47, 66 and 57: Everything You Need to Know About the Never Ending Changes to Ontario, Canada’s Employment Standards Act, 2000 and Labour Relations Act, 1995 and the Indefinite Delay of its Pay Transparency Act




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Ontario, Canada: Appellate Court Decides Employee Rights to Shares on Termination Governed by Shareholders’ Agreement

Update 2: On March 12, 2021, in Mikelsteins v.




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Ontario, Canada: What Is an Employee’s Entitlement to Incentive Plan Compensation during the Notice Period?

Updates: On November 12, 2020, in James Anthony Manastersky v.




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15 Key Developments in Canadian Labour & Employment Law in 2019

Canada saw significant developments in labour and employment law in 2019.  As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve.   Here is our Littler LLP overview of 15 key developments in 2019 with links to more detailed articles and commentary:




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Employee Benefit and Executive Compensation Provisions in the CARES Act

Enacted on Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (H.R. 748, the “CARES Act” or the “Act”) is intended to stimulate the U.S. economy in light of the COVID-19 pandemic. The CARES Act contains a number of provisions relating to employee benefits and executive compensation, which are summarized below.

Retirement Plan Provisions