California is at it again – adopting a host of new labor and employment laws that will further regulate and complicate business operations in the Golden State.  Littler’s Workplace Policy Institute has been tracking these bills as they worked their way through the legislature and been signed into law by Governor Newsom.  The new California laws are summarized briefly below.  Also, please join us at our annual webinar on October 19, 2022, in wh

In 2019, California adopted several laws that restricted “non-disclosure" provisions in employment-related agreements.  Those laws, passed in the wake of the “me too” movement, limited non-disclosure provisions in settlement agreements for lawsuits and administrative agency charges involving allegations of sexual harassment.¹  They also limited the use of non-disclosure provisions in exchange for a raise or a bonus, or as a co

In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of mass layoffs and plant closures under the WARN Act. The court also opined that the natural-disaster exception requires proof of proximate causation, not but-for causation.¹

A bill advancing in the New Jersey Legislature would expedite the implementation of significant changes to the state’s WARN law. Back in January 2020, Governor Philip D. Murphy signed into law Senate Bill 3170, which radically expanded employers’ advance notice and severance pay obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act—otherwise known as NJ WARN.

On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists.

As previously reported, under these amendments:

In late January 2023, the UK Government published a draft Code of Practice on Dismissal and Re-engagement. The trigger for the draft Code was the increased attention on the use of dismissal and re-engagement (also known as “fire and rehire”) by employers during the COVID-19 pandemic.

Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some of the changes are sweeping.

Employer Coverage

Under the amended regulations, the definition of a covered employer is expanded to count not just employees at a single site of employment in the state, but also employees who work remotely but are “based at the employment site.”

New Notice Content Requirements

Currently, employees in the UK on statutory maternity, adoption or shared parental leave who are at risk of redundancy have priority rights to be offered a suitable alternative vacancy (but only where such a vacancy exists).

New regulations have been introduced to extend redundancy protections, both before (for pregnant employees only) and after the return to work. These regulations arose in response to research that found that mothers returning from maternity leave still faced discrimination in the workplace after returning from leave.

Dear Littler,

 We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain talent who preferred remote work. We also shifted our focus almost exclusively to digital services that did not require an in-person presence since our clients were also remote. We kept most of our physical offices intact but downsized some square footage to reduce our overhead.

Melissa Cee and Erin Webber discuss hiring the sixth shareholder at Littler – Noah Garber – since July as part of Littler’s new talent strategy that the firm began developing last year. 

The Recorder

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Joy Rosenquist offers employers tips to manage compliance challenges that may arise from California’s new regulations that are designed to increase pay transparency.

WorldatWork

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On August 8, 2023, the Governor of Puerto Rico signed into law Act No. 85-2023, effective immediately. The statute amends Puerto Rico’s Workers’ Compensation Act by further incentivizing safe workplaces.

Sarah Bryan Fask explains how the special financial assistance will affect union-brokered pensions.

Bloomberg Law

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(November 3, 2022) – Littler, the world’s largest employment and labor law practice representing management, has earned “Law Firm of the Year” status in the category of Employment Law – Management on the 2023 U.S. News – Best Lawyers^® “Best Law Firms” list. The firm also received “National Tier 1” rankings for the 13th consecutive year in the following practice areas:

Littler, the world’s largest employment and labor law practice representing management, was named “Law Firm of the Year” for Labor Law - Management in the 14th edition of Best Law Firms^®, ranked by Best Lawyers^®. The firm also earned “National Tier 1” rankings for the 14th consecutive year in the following practice areas:

In this How to Do Business in the Americas podcast series installment, Shareholder Juan Carlos Varela and Rodrigo Tajonar, Chief People Officer of the Boston Globe Media, discuss how organizations are dealing with the aftermath of the pandemic in the workplace.
 

In this podcast, attorneys Carissa Tyler and Angel Valverde, members of Littler’s Immigration and Global Mobility Group, discuss alternative employment-based visa options for individuals who were not selected in the initial FY 2024 H-1B registration process (H-1B lottery). The visa categories discussed include H-1B cap exempt petitions, O-1s, L-1s, TNs, and other alternatives for foreign nationals.
  

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. 

Last fall, California enacted Senate Bill 525, which substantially raises the base minimum wage for health care workers over time to $25 per hour.  The first incremental increase above the general state minimum wage was scheduled to occur on June 1, 2024.  However, there were several delays and amendments to the law due to its impact on the California budget.  After the last delay in late June, health care employers did not have a clear answer t

On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S.

Bradford J. Kelley and Sean O'Brien discuss how, on the 34th anniversary of the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Commission and Justice Department emphasize their commitment to ensuring that emerging technologies and AI comply with ADA standards.

Westlaw Today

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On September 24, 2024, the U.S.

(March 17, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that Shareholder Theodora Lee (San Francisco) has been selected for the National Black Lawyers (NBL) “Top 100” for California. Additionally, associates Ashley Thomas (Houston) and Adama Wiltshire (Philadelphia) have been named to the NBL “Top 40 Under 40” for Texas and Pennsylvania, respectively.

(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.

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.
  

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.
  

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.
  

Mishell Parreno Taylor and Raquel Zilberman Rotman write about how law firms can use the opportunities created by the pandemic to engage in real conversations about equity and offer steps firms can take to promote authenticity.

Bloomberg Law

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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.

By now, most lawyers advising international companies on compensation packages for expatriates that include deferred compensation are familiar with section 409A of the United States Internal Revenue Code ("US tax code" or "Code").

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

Alexander Thomas MacDonald provides insight into the new regulations under theH-2A visa program. 

The Federalist Society

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In February 2024, Poland’s government revealed that it is working on a comprehensive migration strategy for the years 2025-2030, advertised as a “responsible and safe” approach. The Ministry of Interior and Administration plans to spend the first half of 2024 conducting consultations to learn the preferences and expectations on migration and foreigners’ employment from various stakeholders, including the country’s biggest employers and their organizations, as well the trade unions.

Under the previous UK Home Secretary, James Cleverly, minimum salary thresholds for Skilled Worker visas were raised significantly and the 20% discount for shortage occupations were eliminated.

Both the Conservative and Labour manifestos vowed to lower immigration each year, leaving employers wondering what changes are on the horizon.

Review of IT and engineering roles

The rules on the employment of third-country nationals (which apply regionally) were recently amended in the Brussels Capital Region by an ordinance issued on February 1, 2024, and its implementing decree on May 16, 2024. The following is a summary of these new rules.

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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Jesús Lahera offers a detailed analysis of Spain’s Whistleblowing Directive and its impact on employers and employees.

Observatorio de RRHH

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