Kurt J. Erickson, Kerry L. Middleton, Alice D. Kirkland, Ben Sandahl, Jeremy Sosna and Susan K. Fitzke discuss important changes in Minnesota’s employment laws at the end of the recent legislative session.

SHRM

View (Subscription required)

Barry Hartstein discusses the findings of Littler’s Delta Variant Update report and what they reveal about employers’ current thinking surrounding vaccine mandates.

Corporate Counsel

View (Subscription required.)

Lavanga V. Wijekoon and Emily Linn examine a new Illinois law (SB 1782) that enhances restrictions on the employment of minors and imposes certain new civil and criminal penalties on violating employers.

SHRM

View (Subscription required)

Aaron Crews is quoted regarding technology’s role in HR. 

HR Dive

View Article 

Denise Visconti and Allan King urge employers to be vigilant regarding pay equity issues.

The National Law Journal

View Article 

In this podcast, Aaron Crews, Littler’s Chief Data Analytics Officer, discusses potential uses for AI in supporting HR decisionmaking with Athena Karp, the CEO and cofounder of HiredScore. They explore ways that technology – such as explainable algorithms – can serve employers by improving the effectiveness and transparency of processes for companies and other stakeholders, including candidates. They also address how organizations can structure, validate and verify their data and data training to prevent bias from sneaking into AI-driven analysis.
 

Mickey Chichester and Natalie Pierce examine how companies may turn to AI and robotics to mitigate disruption and some of the employment implications of such initiatives.

Supply Chain Toolbox

View Article

Welcome to our new bi-monthly series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with these issues every day.

The first article in our series compares the new UK Government’s proposed changes to unfair dismissal protection with the law in Germany to see if there are any lessons that can be learned for UK employers from Continental Europe.

What’s to come in the UK?

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.

UPDATE: This article was updated on August 15, 2018.

In April 2018, New York State and New York City each adopted expansive legislation directed at educating employees about workplace sexual harassment and reducing the incidence of harassment claims, as we reported in our prior article. 

New Poster for NYC Employers:

Bradford J. Kelley and James A. McGehee review a multimillion-dollar verdict for a U.S. Army veteran under the Uniformed Services Employment and Reemployment Rights Act and discuss the law's scope beyond other employment anti-discrimination laws.

Westlaw Today

View (Subscription required.)

Barry Kuretzky discusses a recent Ontario Superior Court decision that punished an employer for trying to intimidate an employee through what the judge determined was a meritless counter claim.

Human Resources Director Canada

View (Subscription required.) 

The U.S. Court of Appeals for the Eleventh Circuit has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases.

Alyesha Asghar said the Supreme Court’s decision in Muldrow v. St. Louis, which will make it easier for employees to pursue discrimination claims over job transfers, does not mean an end to IE&D.

The Washington Post

View (Subscription required.)

Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action, relating to unlawful discriminatory practices, harassment or violence under the New York City Human Rights Law, Admin. Code § 8-101, et seq. (NYCHRL).

Jim Paretti comments on a recent boost in EEOC commissioner charges.

Bloomberg Law

View (Subscription required.) 

Alexander MacDonald says overtime exemptions are about to get more expensive as the salary necessary to qualify for the FLSA’s “white collar” exemptions will rise in July and again in January 2025.

The Federalist Society

Marlene Muraco, Angela Rafoth and Emily Mertes discuss reforms to California's Private Attorneys General Act that address challenges and ambiguities faced by both courts and employers in the 20-year-old law.

Westlaw Today

View (Subscription required.)

Robert W. Pritchard comments on the dismissal of a longstanding dispute between Uber and its former drivers.

The Legal Intelligencer

View (Subscription required) 

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases proceeding through state courts and agencies.

Longer Statute of Limitations Period

In addition to the information and consultation obligations linked to their general responsibilities,¹ Social and Economic Committees (“Comité Social et Economique” or "CSE") in French workplaces, which replace and merge all the employee representative bodies, staff representatives, works council, and health, safety and working conditions committee, must be informed and consulted in the event of a “restructuring and downsizing.”² What is their scope of intervention?

Cases Requiring Consultation

On January 18, 2022, Governor Philip D. Murphy signed NJ A6246 / S4295, which significantly restricts the business discretion of successor hotels. The New Jersey Senate and General Assembly passed this bill by an overwhelming majority on the final day of the previous legislative session.

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate reorganization. In Segarra Rivera vs. International Shipping Agency, 2022 T.S.P.R. 33, 208 D.P.R. ____ (Mar.

In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of mass layoffs and plant closures under the WARN Act. The court also opined that the natural-disaster exception requires proof of proximate causation, not but-for causation.¹

In late January 2023, the UK Government published a draft Code of Practice on Dismissal and Re-engagement. The trigger for the draft Code was the increased attention on the use of dismissal and re-engagement (also known as “fire and rehire”) by employers during the COVID-19 pandemic.

Survey of more than 450 employers reveals critical insights on layoffs, hiring practices and more

(March 8, 2023) – Littler, the world’s largest employment and labor law practice representing management, has released the results of its latest Employer Pulse Survey Report: 2023 Economic Outlook, based on responses from more than 450 in-house lawyers, C-suite executives and human resources professionals across the United States.

In Pham v.

On November 25, 2023, O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT made under the Employment Standards Act, 2000 (ESA) (Regulation), amending O. Reg.

As many states are raising the minimum wage for state employees, Shannon Meade explains that minimum wage increases will differ based on where the employees are located.

Law360 Employment Authority

View (Subscription required.)

Shannon Meade talks about how the pandemic has upended the labor market, pushing employees to realize the benefits of higher pay and forcing employers to offer better pay and flexibility.

Law360 Employment Authority

View (Subscription required.)

Jeanine Conley Daves discusses the fact that women still, in the year 2022, are rarely compensated on par with their male counterparts and suggests solutions for workplace parity.

Philadelphia Business Journal

View (Subscription required.)

Rhonda Levy and George Vassos discuss a recent British Columbia Supreme Court case that directed an employee’s CERB payment to be deducted from wrongful dismissal damage awards.

Human Resources Director Canada

View (Subscription required.) 

Lee Schreter and Justin Brown suggest four practical recommendations for companies that opt to issue crypto outright in connection with employees’ wages.

The Fashion Law

View