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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.




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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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Maine Legislative Roundup: New Employment Laws Were Enacted This Session

The First Special Session of the 131st Maine Legislature included debate about more than 2,000 bills. Many that were adopted will impact employers in the Pine Tree State. Below is a brief summary of important employment law changes enacted this session. 

An Act to Create the Maine Paid Family and Medical Leave Benefits Program

The budget signed by Maine Governor Janet Mills on July 11, 2023, included funding for one of the broadest and most generous paid family and medical leave programs in the country.




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Hot Topics and New Employment Laws: Everything Employers in the DMV Need to Know to Hit the Ground Running in 2023




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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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UK Legislation Round-up: What Was Passed in the Parliamentary Wash-up?

After the UK general election was announced, the following legislation was approved by Parliament during what is known as 'the wash-up' period towards the end of May 2024. Some of these require further regulations to bring them into force, and when (or if) they will be brought into force will be largely dependent upon the new government’s priorities and policies. 

Paternity Leave (Bereavement) Act 2024




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Financial Services HR Roundtable: Employment Agreements for Financial Institutions




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




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Virtual Hospitality Roundtable




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Regulatory Roundup – Key Developments in UK Financial Services

In this article, we share a round-up of the key developments from a regulatory perspective for HR Professionals in UK financial services firms. This covers expected changes to the SMCR regime, regulatory remuneration requirements and whistleblowing framework. We also look at the increasing focus of the regulator on culture and conduct within financial services firms in the wake of recent sexual harassment allegations within a UK asset manager. 

SMCR




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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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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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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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Questions surround proposed FAMLI rules as program preps for January launch

David Gartenberg said he is worried about the fact that the rule leaves the FAMLI benefits out of alignment with unpaid Family and Medical Leave benefits allowed under federal law. 

The Sum & Substance

View




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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

View




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Littler Lightbulb: September Appellate Roundup

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

Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs to Treat Anxiety and Muscle Spasms




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Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v.




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Background Checks: How to Protect Yourself

Rod Fliegel talks about employee background screenings – the FCRA issues for employers to consider, the importance of providing a pre-adverse action notice and common mistakes employers make.

Workest by Zenefits

View




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Governor’s Veto Will Likely Result in Continued Delayed or Non-Performable Background Checks in California

A May 2021 court decision in California, All of Us or None v.




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Governor’s Veto Will Likely Result in Continued Delayed or Non-Performable Background Checks in California

Rod Fliegel, William Simmons and Wendy Buckingham discuss the current limitations on the use of background checks for employment in California.

SHRM Online

View (Subscription required.)




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Upcoming Changes in California’s Law Regarding Criminal Background Checks

Updated July 31, 2023: The Council’s Modifications to Employment Regulations Regarding Criminal History discussed in this Insight have just been approved by the Office of Administrative Law, and the modified regulations will go into effect on October 1, 2023. Key changes from the initial proposal include:




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Upcoming Changes in California’s Law Regarding Criminal Background Checks

Rod M. Fliegel and Alice H. Wang discuss the Civil Rights Council of the California Civil Rights Department’s latest revisions to the Fair Employment and Housing Act (FEHA) regulations that govern employers' use and consideration of criminal history in employment decisions.

SHRM Online

View (Subscription required.)




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California Seeks to Ban Criminal Background Checks for Most Private Sector Employers

  • Lawmakers in Sacramento seek to outright ban criminal background checks by most private sector employers in California in a bill that would scrap California’s existing fair chance law and replace it with the most restrictive fair chance law in the United States.
  • While the sweeping bill’s future is uncertain, employers should be mindful of the bill’s progress given the drastic impact even a narrower version of the bill would have if enacted into law.




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California bill would ban most criminal background checks

Alice Wang and Rod M. Fliegel say the Fair Chance Act of 2023, a California bill under consideration in the state senate, “would more or less upend the ordinary hiring process for just about every employer in California,” if passed.

HR Dive

View




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Washington, DC Legislative Roundup

The District of Columbia continues to implement broad employment initiatives, ranging from wage and hour laws to stricter civil penalties. The following is a rundown of key developments for employers to keep an eye on as we move into the next quarter of 2023.

DC Tipped Wage Workers Amendment Act




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Background Checks in Banks, and Conflicts with Ban-the-Box Laws

Philip M. Berkowitz talks about background checks and “Ban-the-Box” laws that financial services organizations must comply with when hiring.

Global Banking & Finance Review

View




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Continuing Privacy Headache for Ordering Criminal Background Checks in California

Companies that hire employees and engage independent contractors in California should brace themselves for an even greater slowdown in background checks that include criminal record searches in Los Angeles County.1 This will result from the drastic impact of the court of appeal’s 2021 opinion in All of Us or None v.




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Prince George’s County, MD Amends Criminal Background Check Law

The Prince George’s, Maryland County Council recently enacted Bill CB-019-2024, amending the county's Fair Criminal Record Screening Standards. Effective September 16, 2024, the ordinance—renamed “Access to Employment for Returning Citizens”—significantly restricts employers' ability to conduct criminal background checks on job applicants. Changes to the law include a smaller threshold for employer coverage, expanded limitations on employer inquiries into applicant criminal histories, and expanded protections for employees.

Employer Coverage Threshold




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UK Autumn Statement Round-up

UK Chancellor Jeremy Hunt delivered the Autumn Statement (Medium-term Fiscal Plan) on November 17, 2022. The plan states that the government’s priorities are “stability, growth and public services,” and sets a markedly different tone from the “Growth Plan” published in September, which promised to make “growth the government’s central economic mission.”




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April Roundup: Key Changes to Rates, Pensions and Employment Law in England and Wales

The new tax year is swiftly approaching, along with new statutory rates, limits and changes to employment law in England and Wales that HR practitioners should be aware of. 

Annual rates and limits increases

The usual annual updates to the statutory rates and limits will come into effect in early April 2024.

Here are the key changes:

Update

Effective date




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Littler Lightbulb: Labor & Employment Appellate Roundup

This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal.




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Littler Lightbulb – December 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.




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Littler Lightbulb – February Employment Appellate Roundup

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

At the Supreme Court




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Littler Lightbulb – May 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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Littler Lightbulb – October 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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Littler Lightbulb: April 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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Littler Lightbulb – June 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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No April Foolin’ – OSHA Updates its Worker Walkaround Representative Regulation

On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection.




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What Unionized and Non-Unionized Employers Need to Know About OSHA's Worker Walkaround Rule




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Virtual Hospitality Roundtable




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European Employers Navigate New Pressures Around Flexible Work Models, AI Adoption and Divisive Social Issues, Littler Survey Finds

(November 8, 2023) – Littler, the world’s largest employment and labour law practice representing management, has released its sixth annual European Employer Survey Report. Based on responses from 780 human resources (HR) executives, in-house lawyers and business leaders from across Europe, the report explores the myriad ways in which employers are responding to changes in workplace management, policy and culture.




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Confinement: how ETSI helps its members and staff to work remotely round the world

Confinement: how ETSI helps its members and staff to work remotely round the world

Sophia Antipolis, 15 April 2020

With over 200 e-Meetings organized by ETSI and 3GPP technical groups in March (with up to 300 participants per meeting!) and with the entire ETSI staff now working remotely, the ETSI IT department has stepped up to ensure that all core standardization activities can continue to run smoothly during the COVID-19 lockdown. Even if the situation we are in is exceptional, e-Meetings are not new to ETSI groups. The ETSI IT department has been able to lean on their established business continuity plan to adapt and up-scale our online services, in these unusual times.

Read More...




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ETSI Releases Ground-breaking Technical Report to mitigate technology-enabled Coercive Control

Sophia Antipolis, 31 January 2024

The European Telecommunications Standards Institute (ETSI) has published a significant new technical report, "ETSI TR 103 936 V1.1.1 (2024-01): Cyber Security; Implementing Design Practices to Mitigate Consumer IoT-Enabled Coercive Control". This pioneering document addresses the increasingly important issue of safeguarding individuals from coercive control through the misuse of consumer Internet of Things (IoT) devices.

Coercive control encompasses a range of abusive acts such as security breaches, privacy invasions, harassment, physical assault, and other patterns of behaviour that can limit autonomy or cause emotional harm to potential targets.

Read More...




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Canadian roundtable on audit quality addresses current state and trends

Toronto ─ On October 21, the Canadian Securities Administrators (CSA), the Canadian Public Accountability Board (CPAB), and the Office of the Superintendent of Financial Institutions (OSFI) co-hosted the sixth annual Canadian Audit Quality Roundtable.




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Outcast. Volume 1, A darkness surrounds him / Robert Kirkman, creator, writer ; Paul Azaceta, artist ; Elizabeth Breitweiser, colorist ; Rus Wooton, letterer.

Kyle Barnes has been plagued by demonic possession all his life and now he needs answers. Unfortunately, what he uncovers along the way could bring about the end of life on Earth as we know it.




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Monitoring the impact of COVID-19 in Myanmar: Mechanization service providers - June 2020 survey round

Mechanization service providers in Myanmar were originally interviewed by telephone in early May 2020 in order to determine how their businesses were being affected by COVID-19 related restrictions. The results of that survey were published in Myanmar Strategy Support Program Policy Note 07. To trace the continuing impact of the COVID-19 pandemic on their economic activities, a second phone survey of mechanization service providers was done in mid-June 2020. This Policy Note reports on the results of this second survey.




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Tenable Introduces AI Aware: A Groundbreaking Proactive Security Solution for AI and Large Language Models

Tenable®, the exposure management company, today announced the release of AI Aware, advanced detection capabilities designed to rapidly surface artificial intelligence solutions, vulnerabilities and weaknesses available in Tenable Vulnerability Management, the world’s #1 vulnerability management solution. Tenable AI Aware provides exposure insight into AI applications, libraries and plugins so organizations can confidently expose and close AI risk, without inhibiting business operations.

The rapid development and adoption of AI technologies in the past two years has introduced major cybersecurity and compliance risks that organizations must proactively address without established best practices. As a result, cybersecurity teams face significant AI-related challenges, such as vulnerability detection and remediation, containing data leakage and reining in unauthorized AI use. 

According to recent Tenable Research, more than one-third of security teams are finding usage of AI applications in their environment that might not have been provisioned via formal processes. In fact, during a 75-day period between late June and early September, Tenable found over 9 million instances of AI applications on more than 1 million hosts. The cybersecurity risk of unfettered AI usage is compounded by the increasing volume of AI vulnerabilities. Tenable Research has found and disclosed several vulnerabilities in AI solutions, including in Microsoft Copilot, Flowise, Langflow, among others.

With AI Aware, Tenable transforms proactive security for AI solutions. Tenable AI Aware uniquely leverages agents, passive network monitoring, dynamic application security testing and distributed scan engines to detect approved and unapproved AI software, libraries and browser plugins, along with associated vulnerabilities, thereby mitigating risks of exploitation, data leakage and unauthorized resource consumption. The combined depth of these multiple assessment methods delivers the most complete detection of AI in the modern ecosystem. 

[Watch the Tenable AI Aware product demo video here.]

“In an effort to keep pace with the sea change introduced by AI, organizations around the world ran full speed ahead, potentially bypassing countless cybersecurity, privacy and compliance red flags,” said Shai Morag, chief product officer, Tenable. “Perhaps more so than with any other new technology we’ve seen, there are many risk factors to consider, especially with rushed development and deployment. Tenable AI Aware empowers organizations to deploy AI confidently, ensuring their security measures keep pace with the rapid evolution of AI technologies.”

In addition to AI software and vulnerability detection, key AI Aware features available in Tenable Vulnerability Management, Tenable Security Center and Tenable One include:

  • Dashboard Views provide a snapshot of the most common AI software discovered in the ecosystem, top assets with vulnerabilities related to AI and the most common communication ports leveraged by AI technologies. 
  • Shadow Software Development Detection illuminates the unexpected existence of the building blocks of AI development in the environment, enabling businesses to align initiatives with organizational best practices.
  • Filter Findings for AI Detections enable teams to focus on AI-related findings when reviewing vulnerability assessment results. Combined with the power of Tenable Vulnerability Prioritization Rating (VPR), teams can effectively assess and prioritize vulnerabilities introduced by AI packages and libraries. 
  • Asset-Centric AI-Inventory provides a complete inventory of AI-related packages, libraries and browser plugins while reviewing the detailed profile of an asset. 

Join the upcoming Tenable webinar titled, "Mitigating AI-Related Security Risks: Insights and Strategies with Tenable AI Aware" on October 9, 2024 at 11:00 am ET, by registering here.

More information on Tenable AI Aware is available at: https://www.tenable.com/products/vulnerability-management/ai-aware 

About Tenable

Tenable® is the exposure management company, exposing and closing the cybersecurity gaps that erode business value, reputation and trust. The company’s AI-powered exposure management platform radically unifies security visibility, insight and action across the attack surface, equipping modern organizations to protect against attacks from IT infrastructure to cloud environments to critical infrastructure and everywhere in between. By protecting enterprises from security exposure, Tenable reduces business risk for more than 44,000 customers around the globe. Learn more at tenable.com

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Media Contact:

Tenable

tenablepr@tenable.com




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Rules for resistance : advice from around the globe for the age of Trump / edited and with an introduction by David Cole ; co-edited by Melanie Wachtell Stinnett.




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Round Table Insight Sessions: A series of open discussions with ME students (November 13, 2024 6:00pm)

Event Begins: Wednesday, November 13, 2024 6:00pm
Location:
Organized By: Sessions @ Michigan


We invite you to participate in a series of student roundtable discussions, centering and exploring the experiences of ME students. Students at all levels are welcome to join, from undergraduate to Masters to PhD. These sessions are meant to bridge gaps in our community and show commitment of mutual support. 
Share Your TruthThis is your platform to express your experiences, aspirations, and concerns within our department. Your stories matter, and we are here to actively listen and learn from each other.
Forge ConnectionsConnect with fellow students who understand your journey. Build supportive networks, exchange ideas, and foster a sense of belonging within our community.
Inclusivity in ActionWhile our focus is on amplifying the voices of marginalized students, we embrace and celebrate the diversity within our community. Allies and friends committed to creating an inclusive environment are warmly encouraged to join us.
Each session will provide a meal and a ME swag item to all participants. To help us plan times for sessions please fill out the interest form by clicking on the button below. We look forward to connecting with you.