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The Artificial Intelligence Angle: Loper Bright’s Impact on Federal and State AI Legislation, Regulations, and Guidance

  • The Supreme Court’s decision in Loper Bright may serve to limit federal agencies’ guidance on an employer’s use of AI in the workplace.
  • State and local laws and regulations governing AI, on the other hand, may proliferate.
  • Whether federal agencies will rely on more formal rulemaking processes or on less-formal guidance documents as they respond to Loper Bright remains uncertain.




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California Adopts Statewide “Right to Recall” Law for Certain Industries

Just about a year ago, in the early weeks of the COVID-19 pandemic, economic activity in many sectors went from red hot to nearly frozen, seemingly overnight.  The hospitality industry was particularly hard hit, as business and leisure travel evaporated.  Many businesses were forced to lay off workers, and California’s unemployment soared.




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Total Recall? Key Takeaways on the Nevada Hospitality and Travel Workers Right to Return Act

The Governor of Nevada recently signed into law Senate Bill 386, which is Nevada’s version of the trending “return to work” or “right to recall” laws being passed in other jurisdictions throughout the country in response to the COVID-19 pandemic.  These laws typically require that employees who were laid off due to the pandemic be given priority to be offered their former jobs before external candidates are considered.  Nevada’s law, the Nevada Hospitality and Travel Workers Right to Return Act (“the Act”), does not apply to all businesses, but generally to such businesses that were most a




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West Hollywood, California Adopts Comprehensive Hotel Worker Ordinance with Right to Recall

Over the past few years, cities have started to implement workplace regulation, an area previously reserved to federal and state governments.  The hotel industry, which often is one of the primary drivers of a local economy, has been a particular focus.




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Clearing the Way to Compliance: Hindsight Is So 2020




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NLRB Decision Addresses Interaction between Confidentiality and Nondisparagement Provisions in Severance Agreements and Section 7 Rights

  • In McLaren Macomb, the NLRB overturned two decisions that had permitted employers to include confidentiality and nondisparagement provisions in severance agreements.
  • “Mere proffer” of a severance agreement that conditions receipt of benefits on the “forfeiture of statutory rights” violates the NLRA.
  • This Insight includes key takeaways from the Board’s decision and answers to common employer questions.




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Ontario, Canada Court of Appeal Addresses How Employers Can Preserve Right to Unilaterally Lay Off Employees Without Being Found to Have Constructively Dismissed Them




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Littler Lightbulb: May Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month.




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Minimum Wage Fight Is At An Inflection Point

Shannon Meade talks about how the pandemic has upended the labor market, pushing employees to realize the benefits of higher pay and forcing employers to offer better pay and flexibility.

Law360 Employment Authority

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Littler Labor Day Report Highlights Hiring, Policy Hurdles

Michael Lotito talks about the fifth-annual Labor Day Report from Littler’s Workplace Policy Institute, which examined the state of the labor market and several impending worker-friendly changes to state and federal workplace policy.

Law360 Employment Authority

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Punching In: Marty Walsh Weighs His ‘Influence’ as DOL Secretary

Sarah Bryan Fask explains the future of multi-employer pension reforms.

Bloomberg Law

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Littler Lightbulb – July Employment Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court




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Celebrating AAPI Heritage Month: Sharing Stories of Leadership Through Opportunities in the U.S. Military

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.
  




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Celebrating AAPI Heritage Month: Bringing About Change Through Servant Leadership

As May comes to a close, we end our celebration of Asian American Pacific Islander Heritage Month with the second of two podcasts that feature the personal stories of some of our ‘Ohana group attorneys. Littler attorney Brandon Mita has an inspiring conversation with fellow Littler attorneys Nicole LeFave, James Lee, and Urvi Morolia about leading through community service, non-profits and pro bono organizations that make a difference in their communities.
  




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Pro Bono Week Podcast – Afghan Refugees

Jenny Schwendemann and Dan Kim share their experience with Lavanga Wijekoon about their collaborative efforts with assisting immigrants from Afghanistan.

Our Littler attorneys demonstrate their pro bono commitment by providing significant pro bono efforts to community organizations. These services cover a variety of areas, depending on the interests of individual attorneys. Overall, the firm values, encourages and respects the community-minded and pro bono efforts of our lawyers and staff.
   




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Celebrating AANHPI Heritage Month: Finding Community Through the Leadership Council on Legal Diversity

In continued celebration of Asian American, Native Hawaiian and Pacific Islander Heritage Month, Littler shareholder Alyesha Asghar speaks with associates Alan Persaud and Grace Waddell about their experience in the Leadership Council on Legal Diversity’s Pathfinders Program and the inclusive community of legal professionals they joined by participating.
  





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Maryland WARN Act Does Not Provide a Private Right of Action to Workers Terminated in Violation of the Law

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. 




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Pittsburgh Ordinance Bans Tests for Many Prospective and Current Employees Who Use Medical Marijuana

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.




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Untangling the Oregon Leave Quagmire – Answers to Common Compliance Questions in Light of Recent Legislative Changes

If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be entitled to leave under the Oregon Family Medical Leave Act (“OFLA”), Oregon Sick Time law (“OSTL”), and the federal Family Medical Leave Act (“FMLA”).




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DOL Issues “AI & Inclusive Hiring Framework” Through Non-Governmental Organization

On September 24, 2024, the U.S.




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Ontario, Canada Human Rights Tribunal Establishes That Employers’ Duty to Accommodate Family Status with Shift Changes Is not Unlimited

  • Human Rights Tribunal of Ontario clarified that an employer’s duty to accommodate an employee’s family status with shift changes is not unlimited.
  • Employees must co-operate in the accommodation process and cannot reject an employer’s offer of accommodation that is reasonable in the circumstances.




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Diversity of Thought: Does It Need Rethinking?

Littler Principal Cindy-Ann Thomas and her special guest, author and Professor of Sociology at Washington University in St. Louis, Adia Harvey Wingfield, explore:




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IMS Insights Podcast: Episode 24 - Helene Wasserman on The Impact of Mentors

Helene Wasserman shares her view on how mentorships can positively impact career paths.

The National Law Review

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EEOC greenlights coronavirus vaccine requirements, incentives — with some limits

Barry Hartstein explains his view of the EEOC’s vaccination incentives.

HR Dive

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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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Heightened Standards and Bank Human Resources

A little more than a year ago, I wrote in this space about the "Heightened Standards" issued in 2014 by the Office of the Comptroller of the Currency for certain banks with $50 billion and more in assets.

It is essential for counsel and human resources executives advising banks to become familiar with these in more than a passing way.




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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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Legal Battle Simmers Over Plan to Give Farmworkers Union Rights

Alexander MacDonald weighs in on the effects of U.S. DOL regulations that seek to expand organizing protections for farmworkers on temporary visas.

Bloomberg Law

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UK Right to Work Changes Employers Should Be Aware of

The Home Office has updated its guide on right to work (work authorization) checks for employers in the UK.

Changes coming into effect this month include a less flexible approach to late applications to the EU Settlement Scheme (EUSS) for Europeans and their families and a hike in penalties for illegal working.

Right to work changes for EEA citizens




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Insight into the H-1B Visa Process

Immigration associates George Thompson and Deepti Orekondy discuss the nuances and intricacies of filing of an H-1B visa application, including H-1B Cap petitions, and how to help employers maintain H-1B compliance. This podcast delves into common pitfalls and strategic considerations for an employer filing an H-1B petition.
   




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Belgium: Checklist ✔ of Required Data When Employing Third-Country Nationals Through Subcontracting

To tackle illegal employment through subcontracting more effectively, the Flemish government improved chain liability, and introduced a duty of care. According to this duty of care, companies working with subcontractors in the Flemish Region are obliged to request certain data from these subcontractors (Cf. Decree of 27/10/2023).  

The Flemish Government's Implementing Decree was published in the Belgian Official Gazette on June 4, 2024, containing a checklist of the specific data to be requested. The decision will enter into force on January 1, 2025. 




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NLRB Nominations Face Tight Timeline As Senate Returns

Michael Lotito says the future decisions and direction of the NLRB depend on whether Chair Lauren McFerran is confirmed to remain in her current position for another five years.

Law360 Employment Authority

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How ongoing worker shortages highlight an ‘urgent need’ for upskilling

Shannon Meade and Michael Lotito discuss key issues that employers are facing now, according to Littler’s Workplace Policy Institute’s 2024 Labor Day Report.

Human Resource Executive

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Littler Lightbulb: February Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court




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Down the Rabbit Hole: A Trip through the OFCCP’s New Contractor Portal

It was all very well to say ‘Drink me,’ but the wise little Alice was not going to do that in a hurry. ‘No, I’ll look first,’ she said, ‘and see whether it’s marked “poison” or not’; for […] she had never forgotten that, if you drink much from a bottle marked ‘poison,’ it is almost certain to disagree with you, sooner or later.

                                           —Lewis Carroll, Alice in Wonderland, Chapter 1, Down the Rabbit Hole




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DOL to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA). These regulations implement Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” President Biden signed on November 18, 2021.




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High Court's SEC Decision Has Limited NLRB Impact, For Now

Alexander MacDonald says Jarkesy's biggest effect on the NLRB might come not from what the court ruled, but from what it decided not to rule on.

Law360 Employment Authority

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Littler Lightbulb: June Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court




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High Court’s Administrative Law Transformation and Its Impact on Federal Wage-and-Hour Law

Andrea M. Kirshenbaum discusses the 2023-24 SCOTUS opinions that promise to reshape administrative law in the United States for decades to come.

The Legal Intelligencer

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Expert Insights – Minnesota Now Recognizes Claims for Negligent Selection of Independent Contractors

Ben Sandahl discusses a Minnesota case that raises several issues for companies working with independent contractors.

Westlaw Today

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Littler Lightbulb: July Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.




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Littler Lightbulb: August Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

Fifth Circuit Vacates DOL Tip Credit Rule




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Alex MacDonald Explains How Unions' Right to "Exclusive Representation" May Be Unconstitutional

Alexander MacDonald discusses the filing of an amicus brief with the U.S. Supreme Court asking the court to clarify a prior 1984 decision which, if successful, could weaken a new form of “exclusive representation” for unions.

Labor Union News (Podcast)

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Maryland WARN Act does not Provide a Private Right of Action to Workers Terminated in Violation of the Law

Kerry Notestine, Chad Kaldor, Shawn Matthew Clark and Garrick Josephs discuss a court’s decision that the Maryland WARN Act does not give individuals the right to file suit in their personal capacity to enforce a legal claim under the Act.

Wolters Kluwer

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These Denver law firms employ the highest percentage of women lawyers

Erin Webber talks about the importance of networks, mentors and benefits for women and working moms in law firms.

Denver Business Journal

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




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Insight: Puerto Rico Labor secretary clarifies application of Act 27-2024

Verónica M. Torres-Torres explains new guidance on exemptions for remote workers and airline staff in Puerto Rico.

News is My Business

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