Elizabeth K. Hanford and Shanthi Gaur discuss amendments to Illinois’ Personnel Records Review Act, which impose new obligations on employers navigating personnel record requests.

Westlaw Today

View (Subscription required)

How should an employer respond when an employee is accused, charged, or convicted of a crime?

Fortunately, this is not a day-to-day issue that HR teams tend to deal with, but when it does arise, it can raise complex employment law issues and employers may have a PR crisis on their hands.

Helene Wasserman, Los Angeles-based Littler Shareholder and Trial Practice Group Co-Chair, reflects on some good, bad, and ugly impacts of the #MeToo movement since its inception, including recent legislative developments affecting California employers in particular. Discussing training, arbitration agreements, and the extended statute of limitations for FEHA claims with Littler Learning Group’s Marissa Dragoo, Helene provides insights and guidance for California employers as we move into the third year of the cemented #MeToo movement.
 

Update: On December 22, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Executive Order 13950.

California is at it again – adopting a host of new labor and employment laws that will further regulate and complicate business operations in the Golden State.  Littler’s Workplace Policy Institute has been tracking these bills as they worked their way through the legislature and been signed into law by Governor Newsom.  The new California laws are summarized briefly below.  Also, please join us at our annual webinar on October 19, 2022, in wh

Isha Malhotra, Trent Sutton and Nancy Zhang offer guidelines for in-house counsel when advising a business on a restructure in APAC.

ACC Docket

View 

In Pham v.

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month.

Jorge Sales Boyoli weighs in on a reform that was almost passed in Mexico, which “violates the most sacred thing that a worker has: his salary.” 

El Heraldo de Mexico

View

Melissa Cee and Erin Webber discuss hiring the sixth shareholder at Littler – Noah Garber – since July as part of Littler’s new talent strategy that the firm began developing last year. 

The Recorder

View (Subscription required.)

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

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:

Update 2: On March 12, 2021, in Mikelsteins v.

Alexander Thomas MacDonald provides insight into the new regulations under theH-2A visa program. 

The Federalist Society

View

The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases are pursuant to the Federal Civil Penalties Inflation Adjustment Act of 2015. Since that time, penalties have been adjusted yearly based on the rate of inflation.

Below are the offenses, including regulation citations, with the old and new penalties:

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act (IRCA), effective February 13, 2024. Interestingly, the Federal Register announcement for DOJ increases also included penalties for sections of IRCA administered by the Department of Homeland Security (DHS), Immigration & Customs Enforcement (ICE).

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

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

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

Fifth Circuit Vacates DOL Tip Credit Rule

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs to Treat Anxiety and Muscle Spasms

California state and local governmental bodies—our state legislature, and counties and cities—were active again this year in their efforts to regulate the workplace. Littler Workplace Policy Institute has been tracking these bills as they worked their way through the legislature. Some were signed into law by Governor Newsom earlier this year and have already gone into effect.

Earlier this month, Governor Ned Lamont announced the long-awaited implementation of the state’s so-called “Clean Slate Act” – sort of.  According to a recent press release, January 1, 2023 will see the full or partial erasure in some 44,000 cases involving convictions for cannabis possession.  Individuals with eligible convictions for other crimes, including most misdemeanors and certain lesser felonies, will have to wait until the second half of 2023 as a result of implementation delays.

The Clean Slate Law & How it Works

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment purposes, i.e., for the purpose of evaluating an individual for employment, promotion, reassignment, or retention as an employee.  The legislation, entitled An Act Reducing Barriers to Employment Through Credit Discrimination (H.1434), is expected to be adopted by the Massachusetts Senate and promptly signed into law by Governor Maura Healy.  Once adopted, th

Mike Paglialonga and Stephen Fuchs talk about the complicated patchwork of “clean slate” laws that multistate employers must consider when hiring.

SHRM Online

View (Subscription required.)

In Escano v. Innovative Financial Partners, LLC,¹ a magistrate judge held that the defendants’ decision to withhold funds from a payment required under a settlement agreement when the plaintiff refused to provide a Form W-9 did not violate the agreement.

Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute.  Even upon the issuance of the arbitrator’s final decision, however, a court’s intervention may still be necessary.  At the very least, the court can actually enforce an arbitration award, whereas the arbitrator cannot.  Moreover, the losing party in the arbitration may seek to vacate the arbitrator’s decision on limited grounds, or seek further review of the district court’s decision by filing an appeal with th

This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal.

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.

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

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

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.

California’s legislature covered a wide array of labor and employment law topics this legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2024 unless otherwise noted.  This Insight includes highlights of new laws affecting employers and is not intended to cover every new state and local law that was enacted this session.

Employers should begin reviewing these requirements to help ensure compliance with these new laws. Time to update those Employee Handbooks and train the management team!

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

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

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

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.

Alka Ramchandani-Raj talks about the revised Cal/OSHA rule on indoor heat standards that would apply to all industries.

Bloomberg Law

View (Subscription required.) 

Michael Lotito comments on states banning captive audience meetings.

Law360

View (Subscription required)