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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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China’s New Cross-Border Data Transfer Rules Substantially Reduce Compliance Burdens for Multinational Employers

Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data transfers.  Relief arrived on March 22, 2024, when the CAC published the “Provisions on Promoting and Regulating Cross-border Data Flows” (the “Approved Provisions”), which went into effect on the same day.




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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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The Littler Annual Employer Survey 2024

2024 promises to be a consequential year for employers. The U.S. is preparing for an election that could significantly impact the future of employment and labor law. At the same time, businesses continue to wrestle with cultural changes stemming from the pandemic and are confronting newer challenges such as the disruptive impact of artificial intelligence (AI).




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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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Employers split on using generative AI for HR as legal risks loom

Niloy Ray says employers should be intentional about their generative AI usage, not only with regard to whether they use it at all, but also how, why and when. 

HR Dive

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Colorado’s Landmark AI Legislation Would Create Significant Compliance Burden for Employers Using AI Tools

UPDATE: On May 17, 2024, Colorado Governor Jared Polis signed Senate Bill 24-205 into law, although not without reservations. Governor Polis sent a letter to the members of the Colorado General Assembly encouraging them to reconsider and amend aspects of Senate Bill 24-205 before it takes effect on February 1, 2026.




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Politics in the Workplace: What Employers Need to Know

  • How employers deal with politics in the workplace involves a wide range of issues, including an organization’s brand, reputation, and values.




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Almost Half of Employers Use AI According to Littler Study, but Legal Risks Abound

Zoe Argento says the use of AI to evaluate or assess applicants or employees is the highest risk use of AI in the workplace, and it’s also where she’s seeing the most amount of regulation.

Law Week Colorado

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Legal-Ease: Your Lawyer as Your Business Consultant – A Labor & Employment Perspective

Kristy Peters discusses how employment law attorneys can be critical partners for employers to help them identify challenges and opportunities for their business.

InBusiness Phoenix

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Politics In The Workplace: What Employers Need To Know

Bradford Kelley, Kellen Shearin and Michael Lotito say employers must consider employees' rights — and limits on those rights — related to political speech and activities in the workplace.

Law360

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Implications for Employers of Colorado’s New Biometrics Law

  • Effective July 1, 2025, an amendment to the Colorado Privacy Act will impose new requirements on companies that collect and use biometric information.




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Forthcoming Additions and Modifications to Employment Laws in Colorado

  • Colorado enacted several new laws this session affecting employers.
  • New statutes and amendments add protections for delivery network company drivers, amend the state’s non-compete law, add new protected classifications, create tort liability for AI algorithmic discrimination, amend the state’s privacy act, and lower the threshold for qualifying as a small employer for health benefits purposes, among other changes.




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Implications for Employers of Colorado’s New Biometrics Law

Zoe M. Argento, Philip L. Gordon, Kwabena A. Appenteng, Orly Henry and Alyssa Daniels discuss the Biometric Amendment, an amendment to the Colorado Privacy Act that requires employers to obtain consent before collecting and using biometric information.

SHRM Online

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Court Thwarts Efforts to Conceal Driving History Information from Employers

Rod M. Fliegel and Cirrus Jahangiri discuss what a recent court of appeal decision means for employers in California, who are often restricted from access to employees’ public records, including criminal history information.

SHRM Online

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New Colorado Employment Laws Enacted, Other Statutes Modified

Thomas W. Carroll, Matt Freemann, David C. Gartenberg and Billie Jo M. Risheim provide an overview of the significant new laws passed during the 2024 legislative session that affect Colorado employers.

SHRM Online

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Canada: SCC Decision Offers Potential Insight into Privacy Rights for Private-Sector Employees

In a significant decision focused on public employers, the Supreme Court of Canada (SCC) recently held that Ontario public school boards are “government” and, as such, they are subject to the provisions of the Canadian Charter of Rights and Freedoms (Charter), and their teachers are protected from unreasonable search and seizure in their places of employment. In York Region District School Board v.




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New Colorado privacy laws to impact “broad swath” of companies

Zoe Argento says more companies are using tools like artificial intelligence that incorporate biometric identifiers, and so new privacy laws are likely to apply to a larger swath of employers than might think they must comply with them. 

The Sum & Substance

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The Risks Of Employee Political Discourse On Social Media

Bradford Kelley and James McGehee discuss the potential risks for employers when employees use social  media for political purposes.

Law360

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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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Important Changes for Businesses in Australia – What Employers Should Know

  • Several new employment law changes in Australia have or will soon become enforceable.
  • Employers may need to review and revise their policies and procedures governing wage theft, the right to disconnect, shut-down notices, privacy, sexual harassment, and independent contractors.




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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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Fewer Than Half of Companies Have Policies Governing Employee Use of Generative AI

Marko Mrkonich discusses findings in Littler’s AI C-Suite Survey Report that explains why it’s essential for employers to implement workplace generative AI policies.

Corporate Compliance Insights

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AI and Geopolitics Top Concerns for Employers In 2024

Stephan Swinkels discusses key findings in Littler’s 2024 European Employer Survey Report, including AI use and politically charged issues in the workplace.

Law360

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Economic concerns, AI top list of European employer concerns, study finds

Stephan Swinkels and Deborah Margolis discuss key findings in Littler’s 2024 European Employer Survey Report and what they mean for employers.

The Global Legal Post

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Nearly 3 in 4 European employers using AI in HR function – but risks a concern

Deborah Margolis talks about the importance of creating effective GenAI policies.

Human Resources Director America

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Employers in Europe struggling to manage political discussions at work

Stephan Swinkels and Jan-Ove Becker discuss workplace issues that European employers are struggling with, including geopolitical events, political debates and LGBTQ+ rights. 

Human Resources Director Asia

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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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AI in the Workplace: Labor Department Issues Best Practices for Employers

Bradford J. Kelley stresses to employers the importance of implementing safeguards when considering adopting AI technologies.

Thomson Reuters

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How different would Harris, Trump be for HR? 5 areas to watch

Michael Lotito, Jorge Lopez, Jim Paretti and Shannon Meade share their outlooks on the biggest changes that could be coming down the pike for HR after Election Day.

HR Executive

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Six high-stakes employment rules that could tilt on the election

Michael Lotito, Jim Paretti, and Shannon Meade discuss what a new administration will mean for employment law and employers.

American City Business Journals

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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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What A Trump Or Harris Win Means For Stalled Noncompete And Overtime Rules

Jim Paretti and Shannon Meade discuss how the election will affect the fate of overtime and noncompete laws.

Forbes

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What a Trump return would mean for the EEOC

Jim Paretti talks about how the EEOC’s recent work may be affected by the election results.

POLITICO Pro

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Labor Department’s Pro-Worker Push Imperiled in Trump’s Return

Jim Paretti says many Biden-era wage and hour and other policies are likely not long for this world under the Trump administration.

Bloomberg Law

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Trump’s Populism Set to Clash With Senate GOP on Labor Nominees

Michael Lotito says to expect clashes between the populist and business-friendly wings of the GOP over Trump’s labor nominations.

Bloomberg Law

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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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Trump's Win Tees Up Big Changes To The EEOC

Jim Paretti says the actions the EEOC embarked on during the first Trump administration offer clear insights as to what to expect in the second go-round.

Law360

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Trump's Second Term Poses Range Of Outcomes For NLRB

Michael Lotito talks about what may happen with NLRB nominations under the Trump administration.

Law360

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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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Contractor Watchdog Under Trump Stands Ready to Police DEI Again

Jim Paretti says the Trump administration’s previous agenda and stance toward IE&D will likely repeat when he returns to office.

Bloomberg Law

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Texas Court to Weigh Overtime Rule With Trump Rescission Looming

While the state of Texas and businesses tries to convince a federal district court that the US DOL went beyond its authority with a rule expanding overtime protections, Jim Paretti says that if employers in Texas continue operating business as usual, they will be doing so at their own risk.

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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Trump’s Chance to Alter Labor Law Turns on NLRB Chair’s Tenure

Michael Lotito says it’s possible that Democratic board members get a pink slip from the Trump administration regardless of whether it’s necessary to create the space for a Republican board majority.

Bloomberg Law

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Labor & Employment Firms Expect Demand Surge as Bosses Face Uncertainty Over Rules Changes

Amidst question marks with the NLRB and workplace regulations because of the new administration, Michael Lotito says employers should consult their counsel about preventative steps.

The American Lawyer

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ETSI releases a standard for NFV Deployment Templates

ETSI releases a standard for NFV Deployment Templates

Sophia Antipolis, 30 January 2019

It provides the foundations of an open ecosystem

The ETSI Industry Specification Group (ISG) on Network Functions Virtualisation (NFV) ended 2018 on a bright note, with the publication of the first version of ETSI GS NFV-SOL 001, the specification of NFV descriptors based on the Topology and Orchestration Specification for Cloud Applications (TOSCA). 

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ETSI completed its first remote Mission Critical Plugtests event

ETSI completed its first remote Mission Critical Plugtests event

Sophia Antipolis, 11 February 2019

ETSI has just ended its third MCX Plugtests, which is the first remote PlugtestsTM within the MCX Plugtests programme, from 3 Dec 2018 until 31 Jan 2019.  

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ETSI Multi-access Edge Computing opens new working group for MEC deployment

ETSI Multi-access Edge Computing opens new working group for MEC deployment

Sophia Antipolis, 14 February 2019

The +85 members of the ETSI Multi-access Edge Computing group (ETSI MEC ISG) are thrilled to announce the creation of the Deployment and Ecosystem Development working group (WG DECODE).

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ETSI Multi-access Edge Computing releases Phase 2 specifications

ETSI Multi-access Edge Computing releases Phase 2 specifications

Sophia Antipolis, 21 March 2019

The ETSI Multi-access Edge Computing group (MEC ISG) announces the release of its first set of Phase 2 specifications, including ETSI GS MEC 002 which includes new requirements for Phase 2, ETSI GS MEC 003 dealing with architecture and framework, and  ETSI GS MEC 009 giving general principles for service APIs.

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ETSI specifications on licensed shared spectrum successfully implemented in the Netherlands for the entertainment industry

ETSI specifications on licensed shared spectrum successfully implemented in the Netherlands for the entertainment industry

Sophia Antipolis, 8 July 2019

After a successful pilot in 2017, the Dutch administration (Radiocommunications Agency Netherlands) has decided to implement Licensed Shared Access (LSA) technology, based on ETSI specifications.

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