On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the agencies’ partnership to promote safe and healthy workplaces through protecting worker voice.”  The

As many Washington residents are aware, wildfires, and wildfire smoke, are becoming an increasingly regular occurrence. The increase in wildfires has often led to days—or even weeks—of smoky air throughout the state.

On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia’s Workers Compensation Act, received Royal Assent. Effective January 1, 2024, Bill 41 imposes certain duties on employers and employees following a workplace injury.

Update: On June 20, 2024, the Cal/OSHA Standards Board unanimously approved an amended version of the proposed indoor heat illness prevention regulation which specifically excluded the government entities (mainly correctional facilities) whose inclusion had led to the earlier rejection by the Director Finance. The Board also requested that the Office of Administrative Law (OAL) expedite their review and allow the regulation to become effective immediately upon OAL approval.

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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.

Alka Ramchandani-Raj talks to employers about OSHA-recommended accommodations when altering employees’ working hours due to heat-related conditions.

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Alka Ramchandani-Raj says the Supreme Court’s Jarkesy decision could mean at least one type of OSHA case could see a change in venue in the future. 

Safety+Health

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Commenting on a SCOTUS decision, Alka Ramchandani-Raj said a type of OSHA matter that could see a future change in venue may be those involving certain General Duty Clause citations. 

Safety+Health

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On June 28, 2024, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, overturned its four-decade long Chevron doctrine announced by the Court in its landmark decision of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.

Jamie Spataro discusses what’s next for OSHA rulemaking and interpretive authority after SCOTUS overturned “Chevron deference.”

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On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015, which had been limited to poultry processing establishments.

As part of the Obama administration's commitment to accountability in spending under the American Recovery and Reinvestment Act (ARRA), the federal Office of Federal Contract Compliance Programs (OFCCP) will be tracking its ARRA-related and non-ARRA-related enforcement activities separately and aggressively auditing recipients of ARRA funds.

On July 7, 2009, OFCCP released a new directive that explains the different procedures that will apply in scheduling and conducting compliance evaluations for ARRA-funded contractors versus other federal contractors.

The advent of Health Care Reform has not lessened the importance of complying with existing Employee Retirement Income Security Act (ERISA) and Internal Revenue Code requirements for employer-provided group health plans, such as COBRA, which requires covered health plans to provide certain notices and the opportunity to elect continued coverage to covered persons (qualified beneficiaries) who would otherwise lose coverage because of certain "qualifying events" such as termination of employment, loss of dependent status, and others.

IRS Updated COBRA Audit Guidelines

On October 1, 2013, the Department of Labor's Wage and Hour Division (DOL) published a final rule in the Federal Register eliminating the Fair Labor Standard Act's (FLSA) minimum wage and overtime exemption for home care workers employed by home care agencies and other companies.  The new regulations also significantly narrow the exemption for home care workers employed directly by the individuals or families receiving home care services. 

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

Jim Paretti talks about submitting workforce data correctly on EEO-1 reports.

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Jim Paretti weighs in on the many legal questions raised by a new law in New York City that will ban employers from using AI tools in hiring unless they're annually audited.

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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.

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(January 2, 2024) – Littler, the world’s largest employment and labor law practice representing management, is ringing in the new year with a new shareholder class. The firm elevated 26 attorneys to shareholder across its U.S., Mexico and Singapore offices, effective January 1, 2024.

NEW HAVEN, Conn. (January 4, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed Paula Anthony as office managing shareholder (OMS) of the firm’s New Haven, Connecticut office, effective January 1, 2024. Anthony succeeds Lori Alexander who will be stepping down to continue to focus on her full-time litigation and advice practice.

(January 10, 2024) – Littler, the world’s largest employment and labor law practice representing management, has released its Inclusion, Equity and Diversity (IE&D) C-Suite Survey Report, completed by more than 320 C-suite executives across the United States.

PORTLAND, Ore. (January 9, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Lisa P. Shevlin as a shareholder in its Portland, Oregon office. Shevlin joins from Lewis Brisbois Bisgaard & Smith LLP with wide-ranging experience as an employment law advisor and litigator.

MIAMI (March 25, 2024) – Emily Selig, an associate in the Miami office of Littler, the world’s largest employment and labor law practice representing management, has been selected as a 2024 fellow for The Leadership Academy, a South Florida-based program dedicated to advancing women in the legal profession.

“On behalf of the firm, I congratulate Emily on her selection as a Leadership Academy fellow,” said Lori Brown, Miami office managing shareholder. “Emily is an incredible talent, and we are proud to have her represent Littler.”

WASHINGTON, D.C. (March 29, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Felicia Watson as senior counsel in its Washington, D.C., office. Watson joins from the National Association of Home Builders, where she served as assistant vice president of construction liability and research.

SAN DIEGO (April 1, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added John Nordlund as its newest shareholder in its San Diego office. Nordlund joins the firm from Jackson Lewis P.C.

(April 3, 2024) – Three attorneys from Littler, the world’s largest employment and labor law practice representing management, have been selected for the 2024 Leadership Council on Legal Diversity (LCLD) Fellows and Pathfinders programs. Shareholder Karimah J. Lamar (San Diego) will serve in the 2024 LCLD fellows class, and Associates Warsame Y.

NASHVILLE, Tenn. (April 8, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Elizabeth Sitgreaves as special counsel in its Nashville office. Sitgreaves joins from The Law Offices of John Day, P.C. and brings over 15 years of litigation experience.

MILWAUKEE (April 8, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added John D. (J.D.) Tripoli as a shareholder in its Milwaukee office. Tripoli joins from Eimer Stahl LLP and focuses his practice on employment-related litigation.

PITTSBURGH (April 15, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Shannon Huygens as special counsel in its Pittsburgh office. Huygens, who was an associate at Littler from 2004 to 2013, rejoins the firm after serving as associate general counsel at the University of Pittsburgh for more than a decade.

TORONTO (April 15, 2024) – Littler, the world’s largest employment and labour law practice representing management, has added Stephen Shore as a partner in its Toronto office. Shore joins from Ogletree Deakins and represents employers across all areas of employment and labour law.

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.

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).

SEATTLE (May 28, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Briana M. Swift as a shareholder in its Seattle office. She joins the firm from K&L Gates and focuses her practice on employee benefits and executive compensation. Swift is the sixth attorney to join Littler at the shareholder level since the beginning of April.

NEW YORK (May 28, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Kelly M. Cardin as a shareholder in its New York City office. Cardin – who joins the firm from Ogletree Deakins, where she was co-chair of the Pay Equity practice group – marks Littler’s fifth shareholder level addition since the beginning of April.

New arrival comes as Stephen Shore is appointed Littler’s Toronto Office Managing Partner

TORONTO (June 3, 2024) – Littler, the world’s largest employment and labour law practice representing management, has added Shana French as a partner in its Toronto office. Her arrival comes as Stephen Shore, who joined Littler in April, is named Office Managing Partner in Toronto. French joins from Sherrard Kuzz and marks Littler’s seventh partner level addition since the beginning of April.

NASHVILLE, Tenn. (June 4, 2024) – Bruce Buchanan, an attorney in the Nashville office of Littler, the world’s largest employment and labor law practice representing management, has published the 2024 edition of The I-9 and E-Verify Handbook, along with co-author Greg Siskind of Siskind Susser, PC.

(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.

SAN FRANCISCO (October 7, 2024) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce the addition of Amit Shah as the firm’s Chief Digital Innovation Officer (CDIO). He joins Littler from Excelitas Technologies, where he served as Executive Vice President and Chief Information Officer for Information Technology.

FRESNO, Calif. (November 4, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Seth G. Mehrten as a shareholder in its Fresno office. Mehrten joins the firm from Barsamian & Moody.

Niloy Ray talks about the proposed AI regulations from the California Privacy Protection Agency and what all HR professionals should consider about AI and compliance. 

HR Brew

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As we look ahead to 2024, it is clear that both data protection and AI will continue to take center stage in the UK, as it will in many other countries.

In this article we look ahead to the developments that are expected to impact UK employers in the coming year.

Niloy Ray and Alice H. Wang say California’s Senate Bill 1047 represents another significant step forward in the state’s wide-ranging efforts to regulate the development and use of AI.

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