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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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Supreme Court Determines When the U.S. Government May Dismiss an FCA Action Over a Relator’s Objection

  • According to the Supreme Court, in False Claims Act “qui tam” suits, the federal government can move for dismissal of a case over the relator’s objection even outside of the “seal period.”
  • A key factor considered for government dismissal post-seal period may include burdensome discovery, which means employers facing qui tam actions should strategically consider this and other pressure points in the course of litigation.




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Texas Governor Abbott Bars Employers and Individuals from Compelling COVID-19 Vaccines

On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40, which states that no entity in Texas can “compel” any individual, including any employee or consumer, to receive a COVID-19 vaccination who objects “for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.”  The order also establishes a maximum criminal penalty of $1,000 but expressly exclude




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White House Extends Deadline for Employers Covered by the Federal Contractor Vaccine Mandate to January 4

The White House on November 4 announced that the deadline for employers covered by the federal contractor vaccine requirement to comply with the vaccine mandate will be extended from December 8, 2021 to January 4, 2022.




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OFCCP Extends Deadline for Objecting to Proposed Disclosures of EEO-1 Data

As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR).  Employers were given until September 19, 2022, to file their objections. On September 15, 2022, OFCCP extended the deadline for filing objections to October 19, 2022.




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OFCCP Provides Employers with Five Business Days to Submit Objections to the Disclosure of Confidential Data

OFCCP issued yet another notice today regarding its handling of a FOIA request for production of all federal contractors’ EEO-1 Type 2 data from 2016 through 2020.

The request keeps in place a February 17, 2023, deadline for submitting objections, but expands the grounds upon which employers may object, but only if the contractor includes an explanation as to why it did not object “in response to previous notices that we have issued, and why there is good cause for us to accept the objection at this point.”




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OFCCP Again Extends Deadline for Submitting Objections to EEO-1 Disclosure, But New Wrinkles Added

On February 14, 2023, OFCCP announced that it was again extending the deadline for employers to file objections to the disclosure of their EEO-1 data in response to a FOIA request from the Center for Investigative Reporting. The deadline for submitting objections is now March 3, 2023. 




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OFCCP Quietly Extends Deadline for Submitting Objections to EEO-1 Disclosures and Reveals Intention to Post EEO-1 Data on its Website

Last August OFCCP published a notice in the Federal Register advising employers that in response to a Freedom of Information Act (FOIA) request, the agency was planning to produce confidential information that is ordinarily protected from dis




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New French Profit-Sharing Act Sets 2025 Deadline for Profitable Small Companies

In France, profit-sharing is the new black. After years of statutory value-sharing bonuses (starting in 2018) and the introduction of compulsory profit-sharing schemes in companies with at least 50 employees (since 2020), the government encouraged trade unions to finalize a national and intersectoral collective bargaining agreement (CBA) on the subject of profit-sharing. This led to a CBA signed in February 2023. The new Profit-Sharing Act of November 19, 2023 transposes this CBA into law and adds some new provisions.




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




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Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

  • HRTO dismissed a volunteer’s claim that he experienced discrimination because of his sexual orientation, gender identity and gender expression when he was asked to remove 2SLGBTQ2 symbol from his name badge, because the organization’s Dress Code applied to all volunteers and to any and all alterations to name badges. 




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The Race for a COVID-19 Vaccine – Planning for the Employer Response

Many employers are hopeful that a vaccine for COVID-19 will be the silver bullet that will enable employers to return to some semblance of a pre-COVID workplace. Assuming a vaccine is developed, can an employer mandate that employees be vaccinated before coming back to work? What happens when an employee cannot or will not take this vaccine, either for religious, medical, or other personal reasons? Can a union or group of workers successfully challenge employer-mandated vaccines?




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The Littler COVID-19 Vaccine Employer Survey Report

The COVID-19 vaccine breakthroughs in late 2020 brought hope that the pandemic’s end could be in sight, but a return to normalcy will require widespread inoculation, raising an urgent question: Should employers mandate COVID-19 vaccinations for their workers?




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Littler COVID-19 Vaccine Employer Survey Report: Delta Variant Update

After more than a year of a crushing global pandemic, the early summer brought hope for a long-anticipated return to normal business operations, at least in the United States. But those plans were derailed by the rapid spread of the highly contagious delta variant and mounting COVID-19 infections. The abrupt change left companies – many of which had just updated plans with an eye toward a post-pandemic future – scrambling to adjust policies on such pressing issues as vaccination, return-to-office timing and mask wearing.




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Gainesville First City in Florida to Pass Fair Chance Hiring Law Restricting Private Employers’ Use of Criminal History

  • The city of Gainesville has passed a Fair Chance Hiring law governing an employer’s use and consideration of a job applicant’s criminal history in making employment decisions.
  • In light of these changes, covered employers with operations in Gainesville that use criminal records to vet candidates should consider a privileged review of their policies, procedures, and other documents related to the screening process.




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Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

Updated March 24, 2023: The CFPB has edited its updated Summary of Rights document to include the correct contact number. 

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Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations.  The ordinance also creates a Lehigh County Human Relations Commission charged with investigating and enforcing claims of discrimination.  The ordinance becomes effective June 1, 2024.

Expanded Protected Characteristics and Employer Coverage




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Federal Tax Credits Now Available When Certain Employees Use Emergency Paid Leave to Help Others Obtain or Recover from COVID-19 Vaccine

The federal Internal Revenue Service (IRS) has announced that certain employers can claim federal tax credits when employees use emergency paid leave to accompany an individual to obtain a COVID-19 vaccination and/or to care for an individual recovering from an injury, disability, illness, or condition related to the vaccine.




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The Key Laws That Will Impact Kentucky Businesses and Workplaces in 2023

LaToi Mayo, Kellan Coffey and Amanda Combs discuss the new Kentucky laws that focus on measures to attract businesses, increase workforce participation and increase economic growth.

The Lane Report

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Settled a Lawsuit with a Government Agency Last Year? Form 1098-F Reporting of Fines and Penalties is Coming Due

  • 2017 Tax Cuts and Jobs Act changed rules relating to when penalties/fines paid to or at the direction of a government agency can be deducted as a business expense.
  • Certain payments to government agencies, such as the EEOC, as part of employment lawsuit settlements, are affected.
  • To this end, Agencies will start issuing information returns, IRS Form 1098-F, to affected employers.




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Maine Poised to Enact Sweeping Paid Family and Medical Leave Law

  • Maine is expected to join 13 other states and Washington, D.C. in implementing a paid family and medical leave program.
  • Maine’s program, which will provide up to 12 weeks of paid leave per year, covers all eligible employees of private and public employers, except employees of the federal government, in the state regardless of employer size.
  • Employers and employees will split a 1% payroll tax to fund the paid family and medical leave program.




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Minding Wage and Hour Laws in Your Drycleaning Business (Part 2)

Bradford Kelley and Mike Paglialonga explain the basics of wage and hour laws and why it’s critical for business owners to ensure their business complies with federal, state and local laws and regulations.

American Drycleaner

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Minding Wage and Hour Laws in Your Drycleaning Business (Conclusion)

Bradford Kelley and Mike Paglialonga explain the basics of wage and hour laws and why it’s critical for business owners to ensure their business complies with federal, state and local laws and regulations.

American Drycleaner

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New Jersey Legislature Tells Employers: No Transparency? No Doing Business Here!

New Jersey is the latest state to advance pay transparency requirements.  On September 26, 2024, the New Jersey state legislature passed Senate Bill 2310, which if signed and enacted by Governor Murphy (as is expected), would mandate that certain New Jersey employers disclose wage or salary ranges and general benefits information in each job posting/advertisement. The bill would also require that employers take “reasonable” steps to make opportunities for promotions known to current employees.

Applicability




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Key trends in arbitration awards pertaining to mandatory vaccines

Rhonda B. Levy and Barry Kuretzky provide an overview of key trends in arbitration awards in Ontario and British Columbia since fall 2021 that have considered issues relating to mandatory COVID-19 vaccination policies in the unionized workplace.

Human Resources Director Canada

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What's Contributing to the Decline in SF Superior Civil Filings?

Theodora Lee said overall case filings in the San Francisco state trial court have been down significantly compared to pre-pandemic levels, but she’s seeing an uptick in labor and employment law cases.

The Recorder

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New Law Prohibits Florida Businesses from Requiring Vaccine Passport from Patrons and Customers

On May 3, Governor Ron DeSantis signed into law SB 2006 (codified as Section 381.00316, Florida Statutes).  The law prevents business entities from requiring that patrons or customers provide documentation certifying COVID-19 vaccination or post-infection recovery to enter or obtain service from a business in Florida. It also prohibits educational institutions from requiring students or residents, and governmental entities from requiring persons, to provide vaccination passports or proof of post-infection recovery.




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Rebuilding America: The Potential Impact of President Biden’s Infrastructure Plan on South Carolina’s Businesses and Workforce

William H. Foster and Katie E. Towery examine the impact President Biden’s “America’s Jobs Plan” might have on South Carolina’s growing businesses and workforce. 

Association of Corporate Counsel South Carolina

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Cal/OSHA Completes Fast-Track Adoption of Emergency Silica Standard Aimed at Engineered Stone Industry

  • On December 14, 2023, the Cal/OSHA Standards Board approved an emergency temporary standard to enhance existing standards regarding the hazards of respirable crystalline silica. The ETS became effective on December 29, 2023.
  • The ETS is of interest to all employers insofar as it marks the fifth time in only three years that Cal/OSHA has approved a rule using its emergency powers.




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Business Concerns Loom Over California’s Indoor Worker Heat Rule

Alka Ramchandani-Raj discusses California’s new indoor and outdoor heat rule for employees and the ambiguity surrounding how the rule will be enforced.

Bloomberg Law

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Labor Law for Employers: What Every Business Needs to Know




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2024 Maine Employment Law Update




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Maryland Paid Sick and Safe Leave for Businesses 101




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Legal Landmines for Restaurant Owners

Libby Henninger authored this article outlining focus areas for employers reviewing compensation policies and practices.

Food & Beverage Magazine

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Vaccines and Returning to Work: How the Pandemic Is Changing ADA Workplace Accommodations - Utah Edition




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Leading Business Coalition Urges Supreme Court Review in Key Case on Government-Forced Union Representation

Littler’s Workplace Policy Institute files brief for the Coalition for a Democratic Workplace urging court to grant review of Goldstein v. Professional Staff Congress and reaffirm Constitutional protections against compulsory union representation




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Legal Tech's Predictions for the Business of Law in 2024

Scott Forman gives his predictions for legal technology and data analytics tools, especially towards generative AI point solutions, in 2024.

Legaltech News

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Legal-Ease: Your Lawyer as Your Business Consultant – A Labor & Employment Perspective

Kristy Peters discusses how employment law attorneys can be critical partners for employers to help them identify challenges and opportunities for their business.

InBusiness Phoenix

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Important Changes for Businesses in Australia – What Employers Should Know

  • Several new employment law changes in Australia have or will soon become enforceable.
  • Employers may need to review and revise their policies and procedures governing wage theft, the right to disconnect, shut-down notices, privacy, sexual harassment, and independent contractors.




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Senate Recesses Without Votes On Biden NLRB Nominees

The Senate recessed, leaving two nominees key to the partisan balance on the National Labor Relations Board in limbo, and Michael Lotito says it’s a sign that their confirmations are not guaranteed.

Law360

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Businesses breathe sigh of relief after Dutch expat tax reversal

Stephan Swinkels discusses a major reversal in reforms to Dutch tax law that would have impacted the recruitment and mobility of highly skilled foreign talent.

Global Mobility Lawyer

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Business leaders plead for changes in state’s new AI law

Zoe Argento provides insight into Colorado’s AI law and the risks employers may have if they allow AI tools in the workplace. 

The Sum & Substance

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Trump’s Populism Set to Clash With Senate GOP on Labor Nominees

Michael Lotito says to expect clashes between the populist and business-friendly wings of the GOP over Trump’s labor nominations.

Bloomberg Law

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ETSI Intelligent Transport Systems workshop outlines global projects

ETSI Intelligent Transport Systems workshop outlines global projects

Sophia Antipolis, 8 March 2019

The annual ETSI Intelligent Transport Systems (ITS) workshop ended after 2 days of intensive discussions and networking opportunities between industry, the European Commission and stakeholders involved in Cooperative ITS deployment (C-ITS) worldwide.

Read More...




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AIOTI, ISO/IEC JTC1, ETSI, oneM2M and W3C Collaborate on Two Joint White Papers on Semantic Interoperability Targeting Developers and Standardization Engineers

AIOTI, ISO/IEC JTC1, ETSI, oneM2M and W3C Collaborate on Two Joint White Papers on Semantic Interoperability Targeting Developers and Standardization Engineers

Cross-organization expert group works together on accelerating adoption of semantic technologies in IoT.

AIOTI today announced its collaborative role in the publication of two joint white papers on semantic interoperability entitled Semantic IoT Solutions - A Developer Perspective and Towards semantic interoperability standards based on ontologies in conjunction with organizations closely tied to the advancement of the IoT ecosystem.

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ETSI releases a Technical Report on autonomic network management and control applying machine learning and other AI algorithms

ETSI releases a Technical Report on autonomic network management and control applying machine learning and other AI algorithms

Sophia Antipolis, 5 March 2020

The ETSI Technical Committee on Core Network and Interoperability Testing (TC INT) has just released a Technical Report, ETSI TR 103 626, providing a mapping of architectural components for autonomic networking, cognitive networking and self-management. This architecture will serve the self-managing Future Internet.

The ETSI TR 103 626 provides a mapping of architectural components developed in the European Commission (EC) WiSHFUL and ORCA Projects, using the ETSI Generic Autonomic Networking Architecture (GANA) model.

The objective is to illustrate how the ETSI GANA model specified in the ETSI specification TS 103 195-2 can be implemented when using the components developed in these two projects. The Report also shows how the WiSHFUL architecture augmented with virtualization and hardware acceleration techniques can implement the GANA model. This will guide implementers of autonomics components for autonomic networks in their optimization of their GANA implementations.

The TR addresses autonomic decision-making and associated control-loops in wireless network architectures and their associated management and control architectures. The mapping of the architecture also illustrates how to implement self-management functionality in the GANA model for wireless networks, taking into consideration another Report ETSI TR 103 495, where GANA cognitive algorithms for autonomics, such as machine learning and other AI algorithms, can be applied.




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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.

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ETSI IPv6 White Paper outlines best practices, challenges, benefits and the way forward

Sophia Antipolis, 26 August 2020

The ETSI IP6 Industry Specification Group has just released a White Paper on the lessons learned from IPv6 best practices, use cases, benefits and deployment challenges. This White Paper puts forward recommendations to ease the adoption of IPv6 and to motivate the industry for the upcoming large-scale deployment of IoT, 4G/5G, IoT Cloud Computing benefiting from the restoration of the end to-end model.

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ETSI unveils NFV&MEC 2020 Interoperability Report: Strong focus on Containerized and 5G Network Services

ETSI unveils NFV&MEC 2020 Interoperability Report:
Strong focus on Containerized and 5G Network Services

Sophia Antipolis, 22 September 2020

ETSI is pleased to release the report of its NFV&MEC PlugtestsTM  event that took place remotely in June 2020. After several weeks of remote integration and pre-testing, the event offered NFV and MEC solution providers as well as open source communities an opportunity to discuss and solve interoperability challenges while validating their implementation of NFV and MEC specifications and APIs.

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Designing tomorrow’s world: ETSI unveils strategy in line with its ambitious vision

‘Designing tomorrow’s world’: ETSI unveils strategy in line with its ambitious vision

Sophia Antipolis, 3 December 2020

At the meeting of its General Assembly yesterday ETSI has validated a new strategy, the result of an intensive development process over the last months.

Titled ‘Designing tomorrow’s world’, the strategy has been shaped by ETSI’s diverse global community, drawing on the expertise and experience of more than 900 member organizations that include multinational and smaller companies, start-ups, research organizations and governmental institutions.

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