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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Raoul Parekh talks about current workplace issues reflected in Littler’s 2023 European Employer Survey Report, including remote work and a four-day work week.

Law360

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While the Department of Justice (DOJ) has initiated at least two new Foreign Corrupt Practices Act (FCPA) enforcement actions against U.S. companies, it has also announced several decisions not to prosecute—most recently involving a U.S. biotech firm and its subsidiaries. The November 16, 2023, declination letter is instructive for companies concerned about protecting themselves against the consequences of employees who take it upon themselves to flout internal anti-bribery policies.

There have been significant recent developments to the rules on annual leave, with a decision from the Supreme Court of the United Kingdom followed by the publication of the draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (the Employment Rights Regulations).

Stephen T. Melnick talks about a new bill that proposes to give a tax credit to businesses in Massachusetts that join a pilot program to explore the possible benefits of a shorter workweek.

WorldatWork

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Ellen Donovan McCann, Alice Kokodis and Jim Paretti explain the Massachusetts Department of Family and Medical Leave’s new, more employer-friendly guidance.

SHRM Online

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Oregon’s Paid Family and Medical Leave Insurance Program (“Paid Leave Oregon”) generally provides eligible employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave. Since Paid Leave Oregon took effect on September 3, 2023, employees have been stacking Paid Leave Oregon leave benefits and Oregon Family Leave Act (OFLA) leave benefits, leaving employers frustrated with staffing shortages.

Mark Callaghan says the new UK government should increase Statutory Paternity Pay “in excess of inflation,” because it would benefit businesses and families alike.

People Management

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Ellen Donovan McCann says post-employment benefits are often the first to be amended when businesses experience budget challenges, but employers may have to take more care in changing them if SCOTUS decides that former employees can sue over those benefits.

SHRM

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Chelsea Lewis provides recommendations for navigating the challenges that may arise when customers or clients refuse to abide by COVID-19 mandates.

ACC South Florida

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Michael Lotito shares his predictions for workplace training and labor management under Marty Walsh’s leadership.

Law360

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Jeanine Conley Daves and Alexa Laborda Nelson explain how employers can take steps to ensure they are in compliance with the recent COVID-19 relief plans and avoid potential whistleblower litigation.

Chief Executive

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Joon Hwang advises employers to review and scope the terms of their restrictive covenants and confidentiality agreements to ensure they are well defined to meet their business interests.

Pit & Quarry

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Natasha Adom discusses measures FCA, PRA and BoE regulators are considering to improve diversity and inclusion in the financial services sector. 

Investment Week

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Michael Lotito and Bruce Sarchet share their thoughts on SB 93, a new California law that requires some employers in the hospitality industry to prioritize recalling workers who were laid off due to COVID-19.

SHRM Online

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Donald Dowling says abusive labor practices are a huge problem around the world, and often the smaller local manufacturers, miners and growers within countries that are committing labor abuses are bigger problems than the multinational firms.

SHRM Online

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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).

At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation.

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.

The novel coronavirus (COVID-19) has created a host of challenges for employers while accelerating fundamental shifts already underway in the workplace. As the pandemic’s many lasting implications for the workplace and the way we work begin to emerge, Littler surveyed more than 900 employers, based in North America and with operations around the world, on their concerns and the actions they have taken in response.

Due to the effects of the COVID-19 pandemic, governments across the world have implemented various measures to slow the spread of the virus, protect workers’ health and safety, and assist employers to recover from the economic crisis, among other programs.

With stay-at-home orders across the country being lifted, employers are navigating a host of legal and operational issues in bringing employees back to the workplace in the wake of COVID-19.

In Littler’s survey of more than 1,000 in-house counsel, HR professionals and C-suite executives, we gathered insights about when employers will reopen their workplaces (if at all), how they plan on doing so safely, what accommodations they will make for remote work, and their top liability concerns.

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?

Government-ordered office closures that swept much of Europe early in 2020 appear to have helped convince employers across the continent that workers could be just as productive remotely as they could while gathered in offices.

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?

Technology facilitates remote work in ways that, years ago, just were not possible. Take telecommuting. These days, all kinds of jobs that had to be performed at an employer site are now performed remotely. Some call center workers, for example, now work from home using home telephones — no brick-and-mortar call center needed. Some secretaries now telecommute using laptops and the internet. Some teachers now teach remotely using laptops and video links.

We have created a high-level guide that gives an “at a glance” snapshot of the severity of lockdown restrictions in 15 countries across Asia Pacific (APAC).  The guide covers the following topics: 

We have created a high-level guide that gives an “at a glance” snapshot of the severity of lockdown restrictions in 28 countries across Europe, the Middle East and Africa (EMEA). As COVID-19 developments across EMEA slow, the June guide will be the final monthly update of this guide and we will next update the guide when the information substantially changes. We hope you have found the content we have provided over the last 12 months useful.

The Firm’s International Practice Group has once again updated its COVID-19 Vaccination: A Littler Global Guide on Legal & Practical Implications in the Workplace. Two years into the pandemic, experts agree that – in the absence of newly emerging and highly transmissible variants – COVID-19 might lose its pandemic status before the end of 2022 due to the development of various COVID-19 vaccines and increasing global vaccination rates.

While the national vaccination campaigns have made considerable progress lately, there are still many people who have not yet been vaccinated, some of whom are hesitant to receive the vaccine at all. At the same time, discussions emerge whether and when a follow-up vaccination of already vaccinated people might be required.

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.

Three years have already passed since the European Union agreed upon Directive 2019/1152 of June 20, 2019, addressing transparent and predictable working conditions in the EU in the area of civil law (Working Conditions Directive).

The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and the public are increasingly expecting more from organizations surrounding diversity, equity, and inclusion, the stakes for employers regarding pay equity continue to rise. Politicians have also taken note.

The Decent Work Agenda (DWA) 2023 is the most important Portuguese legislative package dedicated to labor and employment law enacted over the last 10 years. The DWA entered into force on May 1, 2023, and has modified more than 70 aspects of the Portuguese Labor Code and other employment-related legislation (e.g., social security, temporary work law, Portuguese Labor Code of Procedure, and the Act for Services of Inspection by the Portuguese Labor Administration).

UPDATE: Governor Hochul signed this bill on November 16, 2023, which will take effect one year from signing.

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Michael Paglialonga and Stephen Fuchs discuss New York’s new Clean Slate Act, which will prohibit employers from inquiring about sealed records or discriminating against applicants or employees based on sealed records.

SHRM Online

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Eric Compere, William Kim, Melissa Peters, Kennell Sambour and Krystal Weaver provide insight on Cal/OSHA’s new FAQs.

SHRM Online

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Devjani Mishra discusses Littler’s Executive Employer survey, which found that most employers are planning to implement a hybrid work model.

Reuters

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Michelle Barrett Falconer and Devjani Mishra discuss the findings of Littler’s Executive Employer survey.

Law360

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