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Considerations for Compliance with FTC Noncompete Rule




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The Presidential Elections and the Immigration Consequences




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Maryland Paid Sick and Safe Leave for Businesses 101




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Return-to-Office Policies: Key Employer Considerations




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New Case Provides Lessons That May Help Companies Avoid Pitfalls When Structuring Independent Contractor Relationships

The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor relationship and how not to lay the groundwork to defend that relationship in the event of litigation.  The case also serves as a warning that even well-conceived independent contractor relationships may be open to question by a court that is inclined to distrust them.

Background




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Confidentiality and Attorney-Client Privilege Issues When Conducting Internal Investigations and Audits




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Are Outside HR Professionals Necessary in Discrimination Cases?

Mark Phillis discusses the practice of looking to HR professionals to testify in court and conduct workplace investigations.

Bloomberg BNA Human Resources Report

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2017 Florida Employer Conference




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Holiday Gift Giving May Include the Tax Man




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California Restricts Employer’s Ability to Make Decisions Based on an Individual’s Criminal History




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EEOC Issues Guidance on Use of AI

Jim Paretti said the EEOC’s new guidance explaining the application of Title VII of the Civil Rights Act of 1964 to automated systems that incorporate artificial intelligence in a range of HR-related uses is a wake-up call to employers.

SHRM Online

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Littler Welcomes Shareholder Gregory Tumolo in Providence

PROVIDENCE, R.I. (May 20, 2024) – Littler, the world’s largest employment and labor law practice representing management, continues to expand its shareholder ranks with the addition of Gregory Tumolo in its Providence, Rhode Island office. He joins the firm from Lewis Brisbois Bisgaard & Smith, where he was co-chair of the Employment Advice and Counseling practice group. Tumolo’s arrival follows several recent additions at the shareholder level, including Stephen Shore (Toronto), John Tripoli (Milwaukee) and John Nordlund (San Diego).




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Littler Ranked in 2024 Chambers USA Guide

(June 6, 2024) – Littler, the world’s largest employment and labor law practice representing management, and its attorneys have again been recognized by Chambers and Partners in its Chambers USA 2024 guide. Based on in-depth market analysis and independent study, the Chambers USA guide ranks the leading lawyers and law firms across all 50 states and Washington, D.C., covering hundreds of practice areas.




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Littler Recognized in 2025 Chambers Latin America Guide

(August 22, 2024) – Littler, the world’s largest employment and labour law practice representing management, and its attorneys in several Latin American offices have once again been recognized by Chambers and Partners in the Chambers Latin America 2025 guide.

Littler’s Colombia and Costa Rica offices earned a Band 1 ranking for Labour & Employment and its Mexico, Puerto Rico and Venezuela offices received band rankings in the same practice area.

In addition, the following attorneys were named as leaders in the field for the Labour & Employment practice area:




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Illinois Guidance Finds Law Does Not Prohibit Private Employers from Using E-Verify

The Illinois Department of Labor (IDOL) has just issued some much-needed guidance, through Frequently Asked Questions (FAQs), on whether enrollment and use of E-Verify is prohibited in Illinois for private employers that do not have federal contracts. The answer is NO.




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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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The UK-US Data Bridge Protects Data Privacy

Kwabena Appenteng weighs in on the challenges to international data privacy regulations and data transfers and says companies should make sure that they have standard contractual clauses in place.

SHRM Online

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Crash Course in U.S. Employment Law: How a Multinational Based Outside the United States Can Avoid Big Mistakes Managing a U.S. Workforce

  • Multinationals based outside the United States that enter the U.S. market and employ U.S. staff tend to encounter hurdles, and to make mistakes, because the U.S system of labor/employment regulation is of a fundamentally different character from those of every other country in the world.  




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A Comprehensive Global Guide for AI Data Protection in the Workplace

Zoe Argento, Kwabena Appenteng, Alyssa Daniels, Philip Gordon, Rajko Herrmann, Soowon Hong, Renata Neeser, Naomi Seddon, Christina Stogov and Grace Yang share a comprehensive guide for how employers can ensure data protection as they implement artificial intelligence.

Corporate Compliance Insights

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Employers Expect Increased Regulatory Enforcement Amid Legislative Slowdown in Election Year, Littler Survey Finds

(May 8, 2024) – In an election year that could significantly impact the future of employment and labor law, U.S. employers expect heightened regulatory enforcement as they navigate a host of workplace issues, including the disruptive impact of artificial intelligence (AI) and managing divisive political beliefs among employees.




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July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law updates. Some states, like Maryland, have at least a dozen new laws and regulations taking effect this summer, tackling everything from vaping at work to pay discrimination.  Other states have just one, such as the state of West Virginia, which now restrains employers from acting against employees who store firearms in their vehicles on company property.




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Netherlands issues guidance on using AI chatbots

Stephan Swinkels says some data breaches are inevitable and employers must move quickly to minimize the damage in the event of a breach.

International Employment Lawyer

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Mailbag: We rejected a job candidate. When can we delete their information?

David Goldstein discusses how long employers should keep rejected job candidates’ records and says their ATS system for storing those records should be configured to comply with applicable laws.

HR Dive

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Private employers should consider this when navigating politics in the workplace

Joycelyn Stevenson shares four key points employers should consider when it comes to politics at work.

Nashville Business Journal

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Cybersecurity Considerations for Employers Sponsoring ERISA Plans

  • Cyber-criminals often steal funds and personal data from employee benefit plans.
  • Employers face increasing liability for failures in cybersecurity of the employee benefit plans they sponsor, including for the security of plan assets and data managed by service providers.
  • The DOL has updated its detailed guidance on cybersecurity for ERISA-covered benefit plans.




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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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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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How The Presidential Election Will Affect Workplace AI Regs

Bradford Kelley, Jim Paretti and Eduardo Reyes Chavez say a new administration could lead to changes in AI compliance requirements for employers nationwide.

Law360

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US employers warn staff to remain civil to avoid election conflict

Bradford J. Kelley and James McGehee say employees’ controversial posts on social media can damage brand reputations and expose companies to discrimination and harassment claims.

Financial Times

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4 employment actions to expect under a second Trump presidency

Michael Lotito, Jorge Lopez, Shannon Meade and Jim Paretti say employers are likely to see immigration raids, agency chair replacements, a slowing in regulatory activity and DEI limitations under the Trump administration.

HR Dive

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Prized H-1B Worker Visas Threatened Amid Trump Immigration Plans

Jorge R. Lopez says the Trump administration’s regulatory agenda was stymied by legal battles and a slow transition the first time around, but could move much quicker to implement its immigration priorities in his second administration.

Bloomberg Law

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Few of Workers’ Biggest Gains From Biden Era Are Safe From Trump

Michael Lotito says everything is on the table when it comes to changes the Trump administration will make in American labor.

Bloomberg Law

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3 GOP States Join Paid Sick Leave Movement, Passing Ballot Measures by Wide Margin

Shannon Meade says Democrats and Republicans both want to make progress on paid leave, but no one is sure whether a national paid leave program will be among their priorities.

Corporate Counsel

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ETSI releases specification for Energy Efficient IP Video Surveillance enabling further IoT interoperability

ETSI releases specification for Energy Efficient IP Video Surveillance enabling further IoT interoperability

Sophia Antipolis, 13 June 2019

The ETSI Technical Committee ATTM has just released the ETSI specification TS 105 176-2, to provide interoperable Ethernet and Power over Coax solutions for IP video surveillance.

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ETSI releases standard for cyber digital evidence bag to confirm integrity of data in legal proceedings

ETSI releases standard for cyber digital evidence bag to confirm integrity of data in legal proceedings

Sophia Antipolis, 21 April 2020

The ETSI Technical Committee CYBER has recently released a key standard for digital evidence bag (DEB). ETSI TS 103 643 covers “techniques for assurance of digital material used in legal proceedings” and provides a set of extra tools for those wanting to demonstrate the integrity of digital evidence.

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New ETSI group to develop standardization framework for secure smartphone-based proximity tracing systems, helping to break COVID-19 transmission chains

New ETSI group to develop standardization framework for secure smartphone-based proximity tracing systems, helping to break COVID-19 transmission chains

Sophia Antipolis, 12 May 2020

In response to the global coronavirus pandemic, the new ETSI Industry Specification Group “Europe for Privacy-Preserving Pandemic Protection” (ISG E4P) has been established to provide a standardization framework that will enable developers to build interoperable mobile apps for proximity detection and anonymous identification.

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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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Developers at MEC Hackathon challenged to trial edge computing for 5G at the Droidcon virtual event

Developers at MEC Hackathon challenged to trial edge computing for 5G at the Droidcon virtual event

Sophia Antipolis, 10 December 2020

The successful last edition of MEC Hackathons endorsed by ETSI took place on 25 to 26 November and was hosted by Droidcon Italy 2020 as a fully virtual event. The competition was open for developers to test their applications with ETSI MEC APIs (Application Programming Interfaces) in a variety of use cases. The organizing committee received a total of 14 submissions, including several topics, from Augmented Reality for Construction Sector, to consumer, media and entertainment application, to automotive services. Admitted teams were offered remote access to MEC servers and software platforms to develop mobile applications for advanced services in MEC-enabled 5G networks, using ETSI MEC technologies. They were also required to onboard their applications in real-life MEC systems and connect with the MEC APIs to receive simulated in-network data.

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ETSI releases Middlebox Security Protocols framework specification

ETSI releases Middlebox Security Protocols framework specification

Sophia Antipolis, 17 December 2020

ETSI is pleased to announce a new specification, ETSI TS 103 523-1: Part 1 of the Middlebox Security Protocol (MSP) series, which defines the security properties of a Middlebox Security Protocol.

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ETSI unveils its Report comparing worldwide COVID-19 contact-tracing systems – a first step toward interoperability

ETSI unveils its Report comparing worldwide COVID-19 contact-tracing systems – a first step toward interoperability

Sophia Antipolis, 2 February 2021

The COVID-19 pandemic has stretched the planet’s health systems to their limits and tested the measures adopted to alleviate difficulties. Contact tracking or tracing to identify infected people has been one such example. However, contact tracing based on interviews with identified or suspected patients presents known weaknesses from previous pandemics. Turning to digital means in a world where global mobility is the rule was therefore of the essence.

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ETSI releases Middlebox Security Protocols specification for fine-grained access control

ETSI releases Middlebox Security Protocols specification for fine-grained access control

Sophia Antipolis, 2 March 2021

ETSI is pleased to announce a new specification, ETSI TS 103 523-2: Transport Layer MSP (TLMSP), Part 2 of the Middlebox Security Protocol (MSP) series, which defines a protocol for varied (fine-grained) access control to communications traffic. This specification was developed by the ETSI Technical Committee CYBER.

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Draft of ETSI Coordinated vulnerability disclosure guide available for public comments

Draft of ETSI Coordinated vulnerability disclosure guide available for public comments

Sophia Antipolis, 24 August 2021

ETSI will soon release a Guide to Coordinated Vulnerability Disclosure. Before publication, it made the draft publicly available for comments. Please send your feedback by 15 September to the technical committee CYBER at cybersupport@etsi.org 

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ETSI Top 10 Webinars in 2021 - Starring: DECT2020, Ultra-Wide Band radio technology, IPv6, MEC

ETSI Top 10 Webinars in 2021 - Starring: DECT2020, Ultra-Wide Band radio technology, IPv6, MEC.

Sophia Antipolis, 8 December 2021

As 2021 comes to an end, we have selected for you our most popular webinars of the year. If you missed them, listen to the recorded presentations and their Q&A sessions, deep dive into the non-cellular 5G radio DECT2020-NR, IPv6, Multi-access Edge Computing, Open Source MANO and much more.

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ENISA and ETSI joint workshop tackles challenges for European identity proofing

ENISA and ETSI joint workshop tackles challenges for European identity proofing

Sophia Antipolis, 3 May 2022

Today ENISA (the European Union Agency for Cybersecurity) and ETSI organized a workshop as part of their joint effort and collaboration to support EU requirements for identity proofing. The event was mainly addressed at EU companies and other public or academic organizations that run or prepare to launch their remote ID solution.

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ETSI provides lectures to the University of Luxembourg on standardization for their Master’s course

ETSI provides lectures to the University of Luxembourg on standardization for their Master’s course

Sophia Antipolis, 1 June 2022

Continuing our role in encouraging the new generation of standards people, ETSI has recently provided online lectures to the University of Luxembourg. A series of 6 presentations for students following the MTECH Master degree project "Technopreneurship: mastering smart ICT, standardization and digital trust for enabling next generation of ICT solutions". The first post-graduates from this course will receive their degrees at the end of 2022.

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ETSI simplifies ICT end-users’ lives with a guide available in 19 European languages

ETSI simplifies ICT end-users’ lives with a guide available in 19 European languages

Sophia Antipolis, 21 July 2022

ETSI is pleased to announce the new version of the ETSI Guide EG 203 499, developed by experts from the Human Factors Technical Committee. The guide aims to further simplify end-user access to ICT devices, services and applications by providing recommended terms for basic and commonly used ICT-related objects and activities, notably the terms that end users are commonly exposed to.

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ETSI signs MoU with the OpenID Foundation

ETSI signs MoU with the OpenID Foundation

Sophia Antipolis, 25 October 2022

ETSI and the OpenID Foundation signed a Memorandum of Understanding on 12 September to contribute to the establishment of a global information infrastructure.

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ETSI launches a new group on Terahertz, a candidate technology for 6G

ETSI launches a new group on Terahertz, a candidate technology for 6G

Sophia Antipolis, 12 December 2022

On 8 December the newly launched ETSI Industry Specification Group on Terahertz (ISG THz) held its kick-off meeting and decided on work priorities for this candidate technology for 6G.

“ISG THz provides an opportunity for ETSI members to coordinate their pre-standards research efforts on THz technology across various European collaborative projects, extended with relevant global initiatives, a move towards paving the way for future standardization of the technology,” outlines Thomas Kürner, Chair of ISG THz.

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