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How Can Artificial Intelligence Work for HR?

Aaron Crews explains the many ways AI can benefit employers.

SHRM Online

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ILTACON 2018: Emerging Roles in Legal Technology (Part 1)

Aaron Crews explains how data scientists can help attorneys with efficiencies and innovations both internally and externally.

Legal Executive Institute

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ILTACON 2018: Emerging Roles in Legal Technology (Part 2)

Aaron Crews offers advice on how law firms' innovation efforts can be more successful.

Legal Executive Institute

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How AI Will Make Global Supply Chains Smarter, and Alter the Employment Landscape in a Post-Pandemic World

Mickey Chichester and Natalie Pierce examine how companies may turn to AI and robotics to mitigate disruption and some of the employment implications of such initiatives.

Supply Chain Toolbox

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“Charting” a Course for the New Year: A Summary of California’s Expanded Employer Training Duties

Happy New Year! As we turn the calendar to 2019, employers across the country are taking stock of recently-enacted workplace regulations on a wide variety of topics.1

Employers in the Golden State, in particular, have a lot to juggle: new governor, new legislative session, and dozens of new labor and employment laws taking effect as of January 1.2 These statutes touch on numerous issues, ranging from lactation accommodation to meal breaks for certain commercial drivers.3




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California Pushes Back Start Date for Small Business Anti-Harassment Training Requirement

On August 30, 2019, California Governor Gavin Newsom signed Senate Bill 778, revising mandatory anti-harassment training deadlines, and resolving confusion about retraining requirements for certain employees who already received training in 2018 or 2019.




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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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As Luxury Starts to Embrace Crypto, Are Crypto Wages Coming Next?

Lee Schreter and Justin Brown suggest four practical recommendations for companies that opt to issue crypto outright in connection with employees’ wages.

The Fashion Law

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Department of Labor Announces Non-Enforcement Policy and Intent to Revisit ESG, Proxy Rules

On March 10, 2021, the Department of Labor’s Employee Benefits Security Administration (EBSA) announced that it will not enforce or otherwise pursue enforcement actions with respect to two recently issued final rules amending the “investment duties” regulation under Title I of the Employee Retirement Income Security Act (ERISA).




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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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“Articulate” As a Compliment? We Need to Talk

In the weeks leading up to and during the historic confirmation hearings of Judge Ketanji Brown Jackson to the Supreme Court, the first Black female justice was repeatedly recognized by a number of senators for being so “articulate” while being questioned. The “compliment” resonated at the same frequency as fingernails screeching across a chalkboard for many listeners.

Littler Principal Cindy-Ann Thomas and her special guest, Professor Inte’a DeShields:




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Revised Poster Requirement in Massachusetts Starting September 16, 2024

The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024.




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Artificial Intelligence, Technology and the Evolving Workplace




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Inclusion Interrupted: Charting a Path for Reconnecting, Post-COVID

One year into a global pandemic, with vaccinations underway, we are eagerly preparing for social “re-entry.” But how do the isolating behaviors that we have now perfected – in the interest of sheer survival – bode for the concept of “inclusion” in a post-pandemic world?

Littler Principal Cindy-Ann Thomas and her guest, Enidio Magel, Managing Director and Founder of the Multicultural Institute, consider:




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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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Moving Diversity, Equity and Inclusion Programs Forward - Part 1




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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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Department of State Announces Pilot Program for Renewal of Certain H-1B Nonimmigrant Visas

  • New Department of State pilot program is designed to allow certain Indian and Canadian nationals to renew their H-1B nonimmigrant visas in the United States.
  • Process is expected to expedite renewal process, and will be in effect from January 29, 2024 until April 1, 2024.




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Littler World Cup Matchups Part 5: Whistleblower Protections

Welcome back to our World Cup series, where we compare various aspects of labor and employment law in some of the participating countries.1  We kicked off Parts One and Two of this series with vacation and sick leave entitlements.




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Labor Department Seeks Advice on Increasing Equity in Contracting, Other Programs

Meredith Shoop talks about the Affirmative Action Program Verification Interface where covered federal contractors can upload their affirmative action plans for review.

Government Executive

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How should a company intelligently adopt employment-focused artificial intelligence, or AI tools?




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A Regression to Politics? Recent Court Decisions Could Give Partisanship Even More Influence at the NLRB

Alex MacDonald discusses recent court decisions that criticized the way the NLRB operates and that could transform American labor law.

Washington Legal Foundation

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Navigating the New Jersey Department of Labor: Ensuring Wage, Hour and Benefit Compliance




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The Department of Labor Establishes New Whistleblower Protocols

On February 19, 2021, the U.S.




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Allyship: An Important Part of the Inclusion, Equity, and Diversity Conversation

Kimberly J. Dowd, Chelsea Lewis and Kameron Miller explain the meaning of “allyship” and how it can be applied in the workplace. 

ACC North Florida

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Europe and Canada Seek to Mandate Human Rights Due Diligence and Transparency Obligations on Companies and Their Global Partners

This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers. 




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The Global Guide Quarterly (Quarter 3, 2024)

The Global Guide Quarterly (GGQ) is a newsletter published by Littler on a quarterly basis to provide high-level and concise coverage of global labor and employment (L&E) law developments in key countries across the Americas, the Asia-Pacific (APAC) region, and Europe, the Middle East, and Africa (EMEA).




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Pro Bono Week Podcast – Nonpartisan Election Activities

Attorneys Sarah Coats, Carly Compton, Christina Cordoza, Chris Johlie and Mark Flores share more about the nonpartisan election activities they have assisted with on a pro bono basis with Pro Bono Committee Member Breanne Martell.

As part of the annual National Celebration of Pro Bono hosted by the American Bar Association, Littler is highlighting various pro bono efforts from around the firm. Our attorneys and professional staff demonstrate their commitment to pro bono by providing significant efforts to organizations in their communities.
   




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The Impact of the Presidential Election on Artificial Intelligence Regulations in the Workplace

As artificial intelligence (AI) continues to transform the workplace, lawmakers and agencies are grappling with how to regulate its use in employment settings, from hiring practices to employee monitoring. The next administration’s approach to AI regulation will help shape the balance between innovation and worker protection, with each political party offering distinct views on the role of government oversight. A shift in power could lead to changes in how the U.S. Department of Labor (DOL), the U.S.




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Pro Bono Week Podcast – Assisting Veterans Through Client Partnership

Pro Bono Committee Member Jenny Schwendemann is joined by Associate Don Nguyen, Customer Success Senior Coordinator Megan Gunn, Director Christie Bhageloe (Veterans Consortium Discharge Upgrade Program) and Associate Corporate Counsel Kate Brown (Amazon) to discuss Littler’s pro bono collaboration with Amazon in support of The Veterans Consortium.




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Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA) in federal court. The Eighth Circuit’s opinion in Schumacher v. SC Data Center, Inc. deepens the split between the circuit courts on standing and increases the chances that the U.S. Supreme Court eventually will have to weigh in on the issue again.

Background: Spokeo and Ramirez




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California Court of Appeal Thwarts Efforts to Conceal Important Driving History Information from Employers

Employers with operations in California are all too familiar with how state and local officials continue to restrict the access employers have to public records, including criminal history information.1 For example, lengthy delays in completing standard criminal background checks are now routine in California.2 Apart from criminal background checks, many employers rely on motor vehicle record checks (MVRs) to vet candidates for positions that require driving as part of the job.  In Doe v. California Dept.




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Puerto Rico Department of the Treasury Announces 2022 Limits on Qualified Retirement Plans

On January 14, 2022, the Puerto Rico Department of the Treasury issued Internal Revenue Circular Letter No. 22-01 (CL IR 22-01) announcing the applicable 2022 limits for Puerto Rico qualified retirement plans.




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Puerto Rico Treasury Department Takes Action in Response to Hurricane Fiona

On September 17, 2022, Puerto Rico Governor Hon. Pedro Pierluisi issued Executive Order No. OE-2022-045, declaring a state of emergency due to the passing of Hurricane Fiona through the Island. Likewise, on September 21, 2022, President Joseph Biden authorized a disaster declaration for Puerto Rico, opening up additional relief and assistance for Puerto Rico's recovery process after the devastation left by the hurricane.




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Department of Labor and IRS Intensify Cooperation on Worker Misclassification

On December 14, 2022, the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) signed and published a Memorandum of Understanding for Employment Tax Referrals (the “MOU”). The MOU establishes a system for referrals from the DOL’s Wage & Hour Division (WHD) to the Small Business/Self Employed Specialty Employment Tax unit (“SB/SE”).




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Top 5 Changes in the SECURE 2.0 Act for Plan Sponsors and Participants

The Securing a Strong Retirement Act of 2022 included in the omnibus spending bill includes five significant changes for employers and plan sponsors:




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Puerto Rico Department of the Treasury Announces 2023 Limits on Qualified Retirement Plans

The Puerto Rico Department of the Treasury recently issued Internal Revenue Circular Letter No. 23-01 (CL IR 23-01) announcing the applicable 2023 limits for Puerto Rico qualified retirement plans.




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Treasury Department’s Greenbook Discusses Tax Treatment of On-Demand Pay

The U.S. Department of the Treasury has released a document to explain the revenue proposals included in President Biden’s FY 2023 proposed Budget.




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WA Cares Fund Premiums Started July 1, 2023, and Quarterly Reporting Begins October 1, 2023

On July 1, 2023, after a long delay, mandatory withholdings for the WA Cares Fund finally took effect. The WA Cares Fund is a state-run, long-term-care insurance program requiring employers to pay premiums through a mandatory payroll deduction from all employees who have not provided proof of an exemption.




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Puerto Rico Department of the Treasury Announces 2024 Limits on Qualified Retirement Plans

On January 31, 2024, the Puerto Rico Department of the Treasury issued Internal Revenue Circular Letter No. 24-01 (CL IR 24-01) announcing the applicable 2024 limits for Puerto Rico qualified retirement plans.




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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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The artificial intelligence angle: Loper Bright's impact on federal and state AI legislation, regulations, and guidance

Bradford J. Kelley and Maria Malaver-Reyes discuss how Loper Bright will impact federal and state administration of AI statutes, regulations and guidance.

Westlaw Today

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DOD Imposes New Requirements for Employers Participating in SkillBridge Military Internship Program

To support personnel transitioning from the military to the civilian workforce, the U.S. Department of Defense (DOD) in 2011 instituted the SkillBridge internship program, which provides service members with valuable civilian work experience through unpaid internships during their last 180 days of service, while the military continues to pay their wages and full benefits.




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DOD imposes new requirements for employers participating in SkillBridge military internship program

Bradford J. Kelley and James A. McGehee discuss mandates for employers involved in the SkillBridge internship program, which provides military members with civilian work experience.

Westlaw Today

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Congress Passes Bipartisan Arbitration Limitation

Update: This bill was signed into law on March 3, 2022.




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Bipartisan Passage of Workplace Laws Puts Employers on Notice

Jim Paretti says several new bipartisan laws focused on issues women experience in the workplace may move employers to work on preventing instances that would violate the new measures.

Bloomberg Law

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The Puerto Rico Department of Health Implements Compulsory Vaccination for In-Person Educational Institutions

On July 22, 2021 the Puerto Rico Department of Health (PRDOH) issued Administrative Order No. 2021-509 (AO) providing that, in order to physically attend school, post-school educational institutions, or universities, personnel and students age 12 and older must be vaccinated against COVID-19. According to the PRDOH, the vaccination requirement for in-person school attendance will play an essential role in controlling the pandemic and providing a safer educational environment for students.




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U.S. Departments of Education and Justice Issue Dear Colleague Letter Regarding Digital Accessibility in Higher Education

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S.




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NLRB Regional Director Says Dartmouth Men’s Basketball Players Are Employees, Can Vote in Union Election

On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their status as employees, Regional Director Sacks found, Dartmouth’s men’s basketball players are eligible to vote in a union election petitioned for by Local 560 of the Service Employees International Union, a labor union that already represents several other more traditional employee groups at Dartmouth.




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Dartmouth basketball vote shows unionization ‘can happen anywhere,’ attorney says

Tyler Sims discusses the potential wage-and-hour implications of Dartmouth College’s men’s basketball team voting to form what may become the NCAA’s first-ever athlete labor union.

HR Dive

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