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Congressional Democrats Want to Weaponize Federal Labor Law

Michael Lotito writes about unions and their allies’ attempts to sneak parts of the Protecting the Right to Organize (PRO) Act into the budget bill.

The Wall Street Journal

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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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California Appellate Court Decision Limits Power of Arbitrators to Cure Late Arbitration Payments

On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being in material breach of the arbitration agreement.  In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee payment.




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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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U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette v. LePage Bakeries Park St., LLC,1 the Supreme Court unanimously held Section 1 of the FAA exempts classes of workers who are actively engaged in interstate transportation, even if the individuals are not employed by a company in the transportation industry (the “Transportation Exemption”).




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Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC,1 that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the transportation industry, the U.S. Court of Appeals for the Ninth Circuit addressed whether the exemption applies to “contracts of employment” between business entities. In Fli-Lo Falcon, LLC v.




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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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Pencils, Paper, and Now NLRA Legal Protections – New General Counsel Memorandum Provides College Student Athletes with a Very Significant New “School Supply”

On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are employees under Section 2(3) of the National Labor Relations Act (NLRA).  Refusing to call such players “student athletes,” Abruzzo asserts in the memorandum (GC 21-08) that:




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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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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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That’s A Wrap! CDC Reduces Recommended COVID-19 Isolation Period

On March 1, 2024, the Centers for Disease Control and Prevention announced that it is updating its COVID-19 guidance and is no longer recommending that individuals who test positive for COVID-19 isolate for five days.  The agency is recommending a new, “unified approach” to respiratory viruses, including not only COVID-19 but also flu and respiratory syncytial virus (RSV). 




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Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.




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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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Post 80/20/30 Landscape? What is Next for the Hospitality Industry?




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2024 Post-Election Recap and Outlook for Labor and Employment Policy




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Navigating the New Labor Law Landscape




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Connecticut Addresses E-Cigarettes and Vapor Products, Imposes Signage Requirements on Select Employers

Connecticut has passed a new law regulating electronic nicotine delivery systems and vapor products in various venues, including numerous places of employment.  Effective October 1, 2015, Public Act No. 15 206 (the Act) supersedes and preempts any relevant provisions of municipal laws or ordinances regarding the use of these products. 

The Law

The Act prohibits the use of electronic nicotine delivery systems and vapor products in:

1. buildings owned or leased and operated by the state or its political subdivisions,




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Littler Appoints New Practice and Industry Group Chairs

(October 14, 2020) – Littler, the world’s largest employment and labor law practice representing management, has announced a number of leadership changes throughout its various practice and industry groups.

“We congratulate this talented and diverse group of co-chairs,” said Tom Bender and Jeremy Roth, Littler co-managing directors, in a joint statement. “Their deep knowledge and extensive experience in their respective practice areas will continue to enhance the firm’s ability to advise and defend clients on myriad employment and labor law matters across all industries.”




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Japan: Some Progress Trimming Work Hours Since Overtime Law Took Effect

Aki Tanaka talks about how the monthly average working hour per employee went down in Japan after the country started implementing a law limiting overtime in 2018.

SHRM Online

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NYC Pushes Back AI Bias Law's Effective Date To April

New York is postponing its AI bias law’s effective date, and Eli Freedberg says there really was no way that companies could have gotten compliant in time because of all the uncertainty still surrounding the law.

Law360 Employment Authority

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Littler’s D. Porpoise Evans Appointed as Office Managing Shareholder in Miami

MIAMI (May 8, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed D. Porpoise Evans as office managing shareholder (OMS) of the firm’s Miami office. Evans succeeds Lori Brown, who will fully shift her role to focus on her firmwide management and operational responsibilities.




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Littler Appoints New Firm Leaders Across Various U.S. Offices

(July 24, 2024) – Littler, the world’s largest employment and labor law practice representing management, has named new office managing shareholders (OMS) in Indianapolis; Denver; Portland, Oregon; San Diego and San Jose.




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Littler Appoints New Leadership to Its 'Ohana Affinity Group and SOAR Program

(August 7, 2024) – Littler, the world’s largest employment and labor law practice representing management, has selected Devjani H. Mishra (Shareholder, New York) and Nicole S. LeFave (Shareholder, Austin) to lead its 'Ohana affinity group and SOAR Program, respectively.




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UK: Fire and rehire – where are we now and what happens next?

  • A recent UK Supreme Court decision restored an injunction preventing an employer from using the practice of “fire and rehire” to push a change in benefits through.
  • The UK Government also recently published the draft Employment Rights Bill, which contains major proposed reforms to “fire and rehire” and “fire and replace” practices.




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High Court to Review Standard Applied to ‘Reverse Discrimination’ Cases

Alyesha Asghar and Julian G.G. Wolfson explain “background circumstances,” which are required as evidence in cases of reverse discrimination, and the implications for employers and IE&D.

Wolters Kluwer

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Missouri Appears to Have Approved Paid Sick and Safe Time Ballot Measure as Rumors of Potential Challenge Circulate

  • New statewide paid sick and safe time law would take effect on May 1, 2025.
  • Law would allow employers to limit annual use to either 40 or 56 hours, limit carryover to 80 hours, but is silent on accrual caps.
  • Notice obligations would begin before law takes effect.




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Nebraskans Appear to Have Overwhelmingly Approved Paid Sick Time Ballot Measure

  • New statewide paid sick time law would take effect on October1, 2025.
  • Law would allow employers to limit annual accrual and use to either 40 or 56 hours, but is silent on carryover caps.
  • Notice obligations would begin before law takes effect.




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Ontario, Canada Appellate Court Provides Guidance to Employers on How to Draft Employment Settlement Documents

  • The Court of Appeal for Ontario found that settlement documents signed after an employee separated from employment prevented him from suing for the value of vested stock options.
  • The OCA emphasized that the employee had executed the settlement documents with the benefit of legal advice and that they clearly released the employee’s entitlement to the damages claimed.




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Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

  • The California Court of Appeal’s decision on February 9, 2024 immediately restores the California Privacy Protection Agency’s enforcement power.
  • The decision impacts finalized regulations – which are no longer subject to enforcement delay. 
  • Upcoming and pending regulations are unlikely to face enforcement delay once finalized.




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Calif. Becomes Latest To Ban 'Captive Audience' Meetings

Michael Lotito comments on states banning captive audience meetings.

Law360

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An Accidental Outcome? Alex MacDonald returns to discuss how the NLRA’s success has resulted in fewer unions & what might happen under a new administration in DC

Alex MacDonald discusses his article “The Accidental Success of the NLRA: How a Law About Unions Achieved Its Goals by Giving Us Fewer Unions” on a podcast.

Labor Union News

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2nd Circ. OT Ruling On Pleadings Shapes Strategy A Year Out

Paul Piccigallo says the Second Circuit panel's unanimous ruling in Herrera v. Comme Des Garçons Ltd has resulted in the filing of fewer motions to dismiss at the initial responsive pleading stages in overtime lawsuits.

Law360 Employment Authority

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German firms not required to pay “to the top” for gender pay gaps

Sabine Vianden discusses the German Pay Transparency Act and how it can help solve the gender pay gap discrepancies in Germany.

International Employment Lawyer

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ETSI releases first globally applicable standard for consumer IoT security

ETSI releases first globally applicable standard for consumer IoT security

Sophia Antipolis, 19 February 2019

The ETSI Technical Committee on Cybersecurity (TC CYBER) has just released ETSI TS 103 645, a standard for cybersecurity in the Internet of Things, to establish a security baseline for internet-connected consumer products and provide a basis for future IoT certification schemes.

Read More...




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ETSI offers a Novel Approach to Standards Education

ETSI offers a Novel Approach to Standards Education

Sophia Antipolis, 25 March 2019

ETSI has released a new set of classroom teaching materials on ICT standardization. A comprehensive textbook, “Understanding ICT Standardization: Principles and Practice”, together with an extensive slide pack have been developed with the support of the European Commission and the EFTA Secretariat.

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First ETSI NFV API conformance test event in remote mode

First ETSI NFV API conformance test event in remote mode

Sophia Antipolis, 10 May 2019

From February 4 to April 15, 2019, ETSI organized a remote NFV API Plugtests® event with the support of its Centre for Testing and Interoperability. The Remote NFV API Plugtests was not only the first to be entirely remote; it was also the first entirely dedicated to the testing of NFV APIs.

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ETSI publishes a white paper on Network Transformation - Building on key technologies for 5G

ETSI publishes a white paper on Network Transformation - Building on key technologies for 5G

SDN NFV World Congress, The Hague, 14 October 2019

ETSI is proud to announce the availability of a new white paper, entitled Network Transformation: Orchestration, Network and Service Management Framework, written by several of its Industry Specification Groups’ (ISG) Chairs. These groups have released specifications on key building block technologies for next-generation networks, feeding the 3GPP 5G specifications.

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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 Open Source MANO unveils Release SEVEN, enables more than 20,000 cloud-native applications for NFV environments

ETSI Open Source MANO unveils Release SEVEN, enables more than 20,000 cloud-native applications for NFV environments

Sophia Antipolis, 12 December 2019

Today, the ETSI Open Source MANO group is pleased to unveil its latest release, OSM Release SEVEN. This release brings cloud-native applications to NFV deployments, enabling OSM to on-board over 20,000 pre-existing production-ready Kubernetes applications, with no need of any translation or repackaging. OSM release SEVEN allows you to combine within the same Network Service the flexibility of cloud-native applications with the predictability of traditional virtual and physical network functions (VNFs and PNFs) and all the required advanced networking required to build complex end to end telecom services.

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ETSI's Securing Artificial Intelligence group appoints Chair and Vice Chairs

ETSI's Securing Artificial Intelligence group appoints Chair and Vice Chairs

Sophia Antipolis, 27 January 2020

ETSI's new Industry Specification Group on Securing Artificial Intelligence (ISG SAI) met last week for its second meeting and appointed Alex Leadbeater (BT) as its Chair. Dr Kate Reed (NCSC) was appointed as First Vice Chair and Tieyan Li (Huawei) was appointed as Second Vice Chair. This second meeting, after the launch of the group last October, was also the place to discuss work priorities.

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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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ETSI releases White Paper on the role of standards for ICT to mitigate the impact of a pandemic

ETSI releases White Paper on the role of standards for ICT to mitigate the impact of a pandemic

Sophia Antipolis, 28 May 2020

Today, ETSI unveils a new white paper, written by the officials of the ETSI EP eHealth group, highlighting the role of standards developing organizations (SDOs) in developing standards for ICT to mitigate the impact of a pandemic. COVID-19 is not a mild pandemic, it is a serious, often lethal, health condition, the impact of which is seriously detrimental to social and economic life across the world. The ETSI paper acts to identify a "call to arms" to standards bodies and their constituent members to ensure that when the next pandemic arrives, we can rely on greater harmonization of the supply chain.

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ETSI’s new group on COVID-19 tracing apps interoperability moving fast: officials elected and work programme set up

ETSI’s new group on COVID-19 tracing apps interoperability moving fast: officials elected and work programme set up

Sophia Antipolis, 11 June 2020

The ETSI E4P group, “Europe for Privacy-Preserving Pandemic Protection”, launched a month ago has already held two meetings. The work of ISG E4P aims to facilitate the development of backward-compatible and interoperable proximity tracing applications to be used to combat pandemics by helping to break viral transmission chains.

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ETSI issues New White Paper on Artificial Intelligence

ETSI issues New White Paper on Artificial Intelligence

Sophia Antipolis, 29 June 2020

ETSI is pleased to unveil a new White Paper on Artificial Intelligence (AI). This White Paper explores key issues of AI that present both huge opportunities and new challenges for information and communication technologies (ICT).

This ETSI White Paper surveys the many technical activities in ETSI that consider AI. They include 5G systems, network optimization, privacy/security, data management, semantic interoperability and testing across all areas. Each area is considering the use of aspects of AI, including Health and Human Factors scenarios. Key references from other bodies are included for global context.

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New ETSI white paper: Harmonizing standards for edge computing, a synergized architecture leveraging ETSI ISG MEC and 3GPP specifications

New ETSI white paper: Harmonizing standards for edge computing, a synergized architecture leveraging ETSI ISG MEC and 3GPP specifications

Sophia Antipolis, 27 July 2020

Members and officials of the ETSI Multi-access Edge Computing group and the 3GPP SA WG6 have just published a new white paper which aims to harmonize standards for edge computing. The white paper highlights the role of standards for edge when edge computing is deployed in conjunction with mobile networks. It also reviews the leading efforts in the industry and introduces a synergized architecture which leverages the ETSI ISG MEC and 3GPP specifications. This paper highlights the value proposition of different standards streams and how those standards may be combined when it comes to deployments. Some deployment options are discussed.

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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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New ETSI White Paper on Enhanced DNS Support in Distributed MEC Environments

New ETSI White Paper on Enhanced DNS Support in Distributed MEC Environments

Sophia Antipolis, 8 September 2020

Today ETSI announces the publication of its White Paper on DNS Support in Distributed MEC Environments. DNS (Domain Name System) is a key infrastructure element in any distributed edge cloud as it is used to ensure that modern (i.e. URL/URI-based) services requests are resolved to the properly located service instances. The best instance may often be decided based on properties other than location, e.g., service latency, resource availability as well as the device identifier.

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