j

US biz concerned over crackdown on Xinjiang supply chain, fears backfiring

Stefan Marculewicz weighs in on the possibility of the US government implementing supply chain restrictions amid claims of forced labor in Xinjiang, despite the opposition of the business world. 

Global Times

View 




j

Court finds exclusive arbitral jurisdiction in Manitoba human rights disputes

Rhonda Levy and Douglas Sanderson discuss a recent court decision in Canada that sheds light on how best to deal with accommodation requests.

Human Resources Director Canada

View (Subscription required.)




j

Recent Human Rights Due Diligence Law Developments in the European Union, Switzerland, and Japan

National and supranational legislatures continue to develop laws requiring employers to conduct due diligence of their operations and those of their business partners in order to address human rights risks such as forced labor and child labor.  Recently, the European Union (EU), Switzerland, and Japan have rolled out such laws, described below:

EU’s Corporate Due Diligence and Corporate Accountability Directive




j

Employers Rapidly Implement Japan’s Guidelines on Business & Human Rights

  • Japan is one of the first non-Western countries to adopt a legal framework on business and human rights, which will likely influence other countries in the APAC region, as well as the overall Western focus of BHR developments. 




j

The CSDDD Effect: Assessing the Impact of the EU’s Impending Corporate Sustainability Mandate on Japanese Companies

Lavanga Wijekoon and Aki Tanaka explore the significant impact of the European Union’s expected Corporate Sustainability Due Diligence Directive (CSDDD) on global corporate responsibility, with a specific focus on its implications for Japanese companies.

Institute for Security and Development Policy

View




j

Littler and Prime Policy Group Release Joint Report on the Impact of AI and Automation on the American Workforce

Report Explores the Myriad Issues Related to Technology-Induced Displacement of Employees (TIDE)




j

Some law schools offer tech programs to help students find jobs, but does it work?

Jason Dirkx and Scott Rechtschaffen consider the intersection of technology and law degrees. 

ABA Journal

View Article 

 




j

Ontario, Canada Appeal Court Finds Aggravated Damages Award Can Be Made Without Medical Evidence of Diagnosable Psychological Injury

  • Court of Appeal for Ontario allowed aggravated damages for an employer’s bad-faith conduct during an employee’s dismissal in the absence of medical evidence identifying a diagnosable psychological injury.
  • Court also found medical expert testimony is not required to show an employee is physically incapable of mitigating damages during the reasonable notice period.




j

Labor & Employment Law Developments: Looking Back at 2015 and Ahead to 2016 - San Jose




j

Wrongful dismissal claim ends in Superior Court slap-down – Ontario judge tells employer to pay up

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.) 




j

California Supreme Court Strengthens Enforcement of Jury Trial Waivers

On February 26, 2024, the California Supreme Court issued its opinion in Tricoast Builders, Inc. v. Fonnegra, No. S273368 (Cal. Feb. 26, 2024). For employers, the most important takeaway from this case is that the court held a litigant’s waiver of the right to a jury trial can be conclusive if a party seeking reversal of the waiver cannot demonstrate it caused prejudice to the party. The decision makes it more difficult for a party to convince a court to let it back out of a jury trial waiver in a civil case.

Background




j

4 Questions The Justices' Bias Ruling Leaves To Lower Courts

Alyesha Asghar discusses the potential impact for employers after the Supreme Court’s decision regarding Title VII in Muldrow v. St Louis.

Law360 Employment Authority

View (Subscription required.)




j

SCOTUS’s job transfer ruling raises greater risk of DEI disputes

Philip Berkowitz discusses the Supreme Court’s decision in Muldrow v. City of St. Louis that makes it easier for employees to bring workplace discrimination claims against unwanted job transfers.

International Employment Lawyer

View (Subscription required.)




j

New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019 amendments”).  Since then, litigants in New Jersey have struggled with the effect those amendments have had on their lawsuits.  One of the main points of confusion centered around whether the 2019 amendments applied retroactively to violations prior to August 6, 2019, or whether the changes applied prospectively only.  A significant conflict developed between federal and




j

Judge Dismisses Former UberBlack Drivers' Employment Dispute Following Second Hung Jury

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

The Legal Intelligencer

View (Subscription required) 




j

Philadelphia Expands Protections for Security, Janitorial, Maintenance, Food and Beverage, Hotel, and Health Care Employees Whose Jobs are Outsourced

The Philadelphia Protection of Displaced Contract Workers Ordinance offers job protections to workers providing security, janitorial, building maintenance, food and beverage, hotel service, or health care services who are employed by service contractors, and are displaced when the service contract is terminated and awarded to another service contractor.1  A recent amendment to the Ordinance significantly expands its scope to impose obligations on a business that decides to no longer utilize its




j

Radical Expansion of New Jersey WARN Act Nears

Updated June 8, 2021




j

New Jersey Enacts Last-Minute Bill Tying the Hands of Successor Hotels

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.




j

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

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.




j

Ontario, Canada: Availability of Deemed IDEL Ended on July 30, 2022 But Unpaid and Paid IDEL Still Available to Eligible Employees

Deemed IDEL No Longer Available




j

New Jersey Edges Closer to Implementing Landmark WARN Law

A bill advancing in the New Jersey Legislature would expedite the implementation of significant changes to the state’s WARN law. Back in January 2020, Governor Philip D. Murphy signed into law Senate Bill 3170, which radically expanded employers’ advance notice and severance pay obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act—otherwise known as NJ WARN.




j

Signed, Sealed, Delivered: New Jersey Implements Long-Delayed Landmark WARN Law

On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists.

As previously reported, under these amendments:




j

RIFs and Rioja: Let’s W(h)ine About It




j

New Jersey Adopts Changes Affecting Service Employees During Changes in Ownership

Governor Philip D. Murphy recently signed Assembly Bill 4682 / Senate Bill 2389, establishing various employment protections for specific “service employees” during changes of ownership. This bill goes into effect on October 22, 2023—90 days from signing.




j

New Jersey Adopts Law Affecting Service Employees During Changes in Ownership

Amber Spataro and David Ostern examine New Jersey’s new Assembly Bill 4682, which establishes various employment protections for specific "service employees" during changes of ownership.

SHRM Online

View (Subscription required.)




j

Increased Liability for Subcontractor’s Injured Workers

William Foster and Katie Towery share the changes in the legal landscape and how it could result in manufacturers’ increased liability for workplace accidents. 

Industry Today

View 




j

NYC Pay Transparency Changes Poised to Shape Job Ads Nationally

Eli Freedberg explains that there are lots of gray areas for employers in a New York City law that requires them to post pay ranges in their job ads.

Bloomberg Law

View (Subscription required.)




j

Proposed Overtime Rule Now Projected to Come Out in Fall

Lee Schreter comments on the U.S. Department of Labor’s proposed overtime rule, which is tentatively slated to be released in October, and the Fair Labor Standards Act’s independent contractor rule.

SHRM Online

View (Subscription required.)




j

How Connecticut Employers Can Be Ready for Legislation that Became Effective January 1, 2024

With 2023 in the rearview mirror, Connecticut employers may want to confirm they have implemented the necessary changes to address legislative developments that became effective January 1, 2024.

Connecticut Minimum Wage




j

Littler Lightbulb – July Employment Appellate Roundup

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




j

Fourth Circuit Establishes New Standards for Plaintiffs Seeking Unjust Enrichment as an Equitable Remedy under ERISA

  • The Fourth Circuit weighed in on the complex area of equitable relief under ERISA § 502(a)(3), holding that recovery under an unjust enrichment theory may provide claimants with an alternate path to monetary relief under the statute.




j

Pro Bono Week Podcast – National Immigrant Justice Center Asylum Case

Jeronimo Simonovis and Lavanga Wijekoon discuss an asylum case before U.S. immigration authorities that Jeronimo won involving a woman and her 8-year-old son.

Littler attorneys provide pro bono services in a variety of areas, depending on the interests of individual attorneys. The firm values and encourages the community-minded and pro bono efforts of our lawyers and staff.
  




j

Pro Bono Week Podcast – Seeking Justice for a Neurodiverse Individual on Death Row

Emily Linn talks with Breanne Martell about the amicus brief she assisted with to seek justice for a neurodiverse individual, Robert Leslie Roberson, who was convicted of murder based on science that has now been debunked.

Our Littler attorneys demonstrate their pro bono commitment by providing significant pro bono efforts to community organizations. These services cover a variety of areas, depending on the interests of individual attorneys. Overall, the firm values, encourages and respects the community-minded and pro bono efforts of our lawyers and staff.
  





j

Pittsburgh Ordinance Bans Tests for Many Prospective and Current Employees Who Use Medical Marijuana

On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it effective immediately.




j

In Advance of July 1 Compliance Deadlines, Chicago Agency Posts Updated Guidance and Notices for the City’s Minimum Wages, Paid Leave, Fair Workweek Thresholds, and Required Notices

The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently posted updates to its website regarding minimum wage obligations, paid leave and paid sick and safe leave, new fair work week thresholds, and updated required labor notices. The compliance deadline for these obligations is July 1, 2024.




j

Doesn’t the Pregnant Workers Fairness Act just require employers to treat pregnant employees just like they treat employees with disabilities?




j

2024 Summer Olympics Series: Japan




j

Women Leaders, Junior Attys On Gender Equity Battles Ahead

Erin Webber shares her experience of being a woman in the legal profession and how her firm, Littler, is a leader in gender diversity.

Law360 Pulse

View Article (Subscription required.) 




j

Littler Names Jeremy Hawpe as Pride Affinity Group Co-Chair

(June 3, 2021) – Littler, the world’s largest employment and labor law practice representing management, has selected Shareholder Jeremy Hawpe (Dallas) as co-chair of its Pride affinity group, joining Shareholder Lauren Schwartzreich (Denver), and succeeding Shareholder Darren Gibson (Austin) who is stepping down to focus on his growing and active practice.




j

The History and Importance of Juneteenth

Littler's Chief Inclusion, Equity and Diversity Officer Paul Bateman leads a conversation with Shareholders Dionysia Johnson-Massie (Atlanta), LaToi Mayo (Lexington), Lindbergh Porter (San Francisco), and Charles Wilson (Houston) as they discuss the trail to Juneteenth, its importance and how various acts impacted slavery in the U.S.
  




j

Allied Behavior: Perceptions about Race (Juneteenth Edition)

Kimberly Doud of Littler’s Orlando office, Chelsea Lewis of Littler's Miami office and Kameron Miller of Littler's Charleston office present episode two of the Allied Behavior podcast series. Allied Behavior is focused on cultivating conscious conversations about inclusion, equity, diversity, and allyship in a corporate environment. In this episode, Kimberly, Chelsea and Kameron discuss Juneteenth, the factors shaping our perceptions about race, and how to foster meaningful interactions in the workplace.
  




j

Is it a good idea to link DE&I objectives to executive compensation?




j

GC Agenda: January 2023

Cindy-Ann Thomas says employers should be aware of the increase in associational discrimination claims and offers suggestions for avoiding them.

Practical Law - The Journal

View (Subscription required.)




j

Supreme Court Determines When the U.S. Government May Dismiss an FCA Action Over a Relator’s Objection

  • According to the Supreme Court, in False Claims Act “qui tam” suits, the federal government can move for dismissal of a case over the relator’s objection even outside of the “seal period.”
  • A key factor considered for government dismissal post-seal period may include burdensome discovery, which means employers facing qui tam actions should strategically consider this and other pressure points in the course of litigation.




j

Joint Employment and the Cat’s Paw: Oregon Court of Appeals Sets Precedent

  • The Oregon Court of Appeals, for the first time, applied the “cat’s paw” theory of imputed liability between joint employers in a whistleblower case regardless of whether the alleged biased individual was subordinate to the co-employer’s decisionmaker or employed by the same entity.
  • This case could impact Oregon employers using staffing arrangements, contingent workers, and work-sharing agreements.




j

DOJ Announces New Program to Garner Employee Cooperation in Anti-Corruption Investigations

D. Porpoise Evans examines a new DOJ whistleblower program that will complement last year’s focus on corporate voluntary disclosure programs and offers whistleblower awards to motivate employees to report misconduct.

HR Daily Advisor

View 




j

White House Extends Deadline for Employers Covered by the Federal Contractor Vaccine Mandate to January 4

The White House on November 4 announced that the deadline for employers covered by the federal contractor vaccine requirement to comply with the vaccine mandate will be extended from December 8, 2021 to January 4, 2022.




j

OFCCP Identifies 400 Supply & Service Contractor Establishments to be Audited Beginning in June

On May 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2022 Corporate Scheduling Announcement List (CSAL) for supply and service contractors. OFCCP has stated that it will immediately begin to send out scheduling letters to some of the contractors on the new list.  This is a change from the past when OFCCP would wait at least 45 days from publication of the list before beginning audits.  See U.S.




j

OFCCP Extends Deadline for Objecting to Proposed Disclosures of EEO-1 Data

As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR).  Employers were given until September 19, 2022, to file their objections. On September 15, 2022, OFCCP extended the deadline for filing objections to October 19, 2022.