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Annual California Legislative Employment Law Update




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Wage and Hour Compliance




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Confidentiality and Attorney-Client Privilege Issues When Conducting Internal Investigations and Audits




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California Restricts Employer’s Ability to Make Decisions Based on an Individual’s Criminal History




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Risks in Internal Audits of Compliance Policies

In this edition of his Employment Issues column, Philip Berkowitz writes that if you are internal counsel or a human resources executive, your compliance department may want to review not only policies, but also backup data.

By Philip Berkowitz | July 7, 2021




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Labor of Law: Should Employers Be Liable When Their AI Tools Break the Law?

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.

Law.com

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NYC Pushes Back AI Bias Law's Effective Date To April

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.

Law360 Employment Authority

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Federal regulators urge HR to perform AI bias audits

Jim Paretti offers advice on the EEOC's latest warning about AI bias in hiring, which may prompt employers to conduct AI audits, either done internally or with independent third parties.

TechTarget

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European Employers Navigate New Pressures Around Flexible Work Models, AI Adoption and Divisive Social Issues, Littler Survey Finds

(November 8, 2023) – Littler, the world’s largest employment and labour law practice representing management, has released its sixth annual European Employer Survey Report. Based on responses from 780 human resources (HR) executives, in-house lawyers and business leaders from across Europe, the report explores the myriad ways in which employers are responding to changes in workplace management, policy and culture.




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Littler Attorneys Named in 2024 Best Lawyers™ for Colombia, Portugal, Puerto Rico and Spain

(November 16, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Colombia, Portugal, Puerto Rico and Spain offices have been recognized in the 2024 edition of Best Lawyers®.

The individual attorneys that were recognized include the following:




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Felicia Watson Joins Littler as Senior Counsel in Washington, D.C.

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.




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Littler Associate N. Brenda Adimora Selected as Texas Bar Fellow

HOUSTON (April 2, 2024) – N. Brenda Adimora, an associate in the Houston office of Littler, the world’s largest employment and labor law practice representing management, has been selected as a fellow of the Texas Bar Foundation. Fellows of the Foundation are selected based on outstanding contributions to the legal profession as well as a commitment to their Texas communities.




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Special Counsel Elizabeth Sitgreaves Joins Littler in Growing Nashville Office

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.




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The National Association of State Chambers and Littler’s Workplace Policy Institute Form Coalition and Support Workforce Development Legislation

In a letter sent to Congress today, the Coalition expresses support for legislation that would modernize America’s workforce development and education system




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Littler Welcomes Back Shannon Huygens as Special Counsel in Pittsburgh

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.




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Littler’s D. Porpoise Evans Appointed as Office Managing Shareholder in Miami

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.




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Briana Swift Joins as a Shareholder in Littler’s Seattle Office

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.




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Littler Continues Robust Canadian Expansion with Five New Additions to Toronto Office

New Additions Follow Arrival of Three Partners in Recent Months




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Littler’s Michael Paglialonga Testifies Before New York City Council on Safe Hotels Act Flaws

NEW YORK (October 9, 2024) – Littler attorney Michael Paglialonga testified before the New York City Council’s Committee on Consumer and Worker Protection today on behalf of Littler’s Workplace Policy Institute® (WPI®), the firm’s government relations and public policy arm.




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Write it down: California's Freelance Worker Protection Act imposes new requirements for engaging independent contractors

Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers.

Wolters Kluwer

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Missouri Appears to Have Approved Paid Sick and Safe Time Ballot Measure as Rumors of Potential Challenge Circulate

  • New statewide paid sick and safe time law would take effect on May 1, 2025.
  • Law would allow employers to limit annual use to either 40 or 56 hours, limit carryover to 80 hours, but is silent on accrual caps.
  • Notice obligations would begin before law takes effect.




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New amendments to California bill clarify scope of prohibition on junk fees for restaurant industry

Stacey James and Jamie L. Santos discuss a California amendment that seeks to allow restaurants to support higher wages and benefits while clearly disclosing service fees to consumers upfront.

Wolters Kluwer

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Artificial intelligence risks dominate Davos discussions

Deborah Margolis, Jan-Ove Becker and Stephan Swinkels discuss AI’s impact on the global economy and the workforce.

International Employment Lawyer

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Australia Aims to Give Employees the Right to Disconnect

Australia’s Senate on Thursday, February 8, 2024, passed a bill that would prevent an employer from contacting employees outside of work hours. The bill gives the employee the right to refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of the employee’s working hours without fear of being penalized, unless the employee’s refusal is unreasonable.




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Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

  • The California Court of Appeal’s decision on February 9, 2024 immediately restores the California Privacy Protection Agency’s enforcement power.
  • The decision impacts finalized regulations – which are no longer subject to enforcement delay. 
  • Upcoming and pending regulations are unlikely to face enforcement delay once finalized.




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Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

  • Despite the broad range of artificial intelligence technologies and the flurry of new laws regulating them, virtually all laws regulating how these technologies process data follow the same basic framework.
  • This means employers can follow a relatively straightforward checklist around the world to work through the major data protection issues.
  • This Insight walks through the checklist and identifies significant variations between regions and countries.




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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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California’s SB 1047 establishes stringent requirements for large-scale AI models

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.

Daily Journal

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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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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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Politics in the Workplace and the Risks of Social Media

  • How employers address employees’ use of social media as a forum to engage on political issues entails a range of considerations.
  • Social media’s potential to reach an outsized audience compared to traditional venues for political discourse may increase the negative effects of controversial political speech in the workplace.




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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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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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How A California Intersectionality Law Might Boost Equal Pay

Joy Rosenquist says a new law enshrining the principle of intersectionality in California’s anti-discrimination statutes will have a substantial impact on equal pay litigation.

Law360 Employment Authority

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How The Presidential Election Will Affect Workplace AI Regs

Bradford Kelley, Jim Paretti and Eduardo Reyes Chavez say a new administration could lead to changes in AI compliance requirements for employers nationwide.

Law360

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ETSI Licensed Shared Access specifications for a trial in Portugal to support 5G deployment

ETSI Licensed Shared Access specifications for a trial in Portugal to support 5G deployment

Sophia Antipolis, 27 March 2019

Spectrum usage in the mid-term will tend to focus more on spectrum sharing among the various radiocommunications systems, as a principle rather than as an exception and technological and regulatory solutions need to be found that allow for this implementation. With 5G coming soon, Licensed Shared Access (LSA) gives carriers new spectrum capabilities in the absence of incumbent.

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ETSI Artificial Intelligence Summit puts things into perspective

ETSI Artificial Intelligence Summit puts things into perspective

Sophia Antipolis, 5 April 2019

Luis Jorge Romero, the ETSI Director-General, opened the day’s proceedings by recognizing the quantity of “natural intelligence” attending the ETSI summit on AI. Dirk Weiler, the ETSI Board Chair, launched the debate by asking the provocative question to the audience: “does AI really need standardization?”.

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Developers at MEC Hackathons endorsed by ETSI challenged to trial edge computing for 5G in UK and China

Developers at MEC Hackathons endorsed by ETSI challenged to trial edge computing for 5G in UK and China

Sophia Antipolis, 27 September 2019

The successful second edition of the MEC Hackathons endorsed by ETSI recently ended in two different parts of the world simultaneously on 17-18 September in London (UK) and Shenzhen (China).

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ETSI launches specification group on Securing Artificial Intelligence

ETSI launches specification group on Securing Artificial Intelligence

Sophia Antipolis, 2 October 2019

ETSI is pleased to announce the creation of a new Industry Specification Group on Securing Artificial Intelligence (ISG SAI). The group will develop technical specifications to mitigate threats arising from the deployment of AI throughout multiple ICT-related industries. This includes threats to artificial intelligence systems from both conventional sources and other AIs.

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ETSI's Securing Artificial Intelligence group appoints Chair and Vice Chairs

ETSI's Securing Artificial Intelligence group appoints Chair and Vice Chairs

Sophia Antipolis, 27 January 2020

ETSI's new Industry Specification Group on Securing Artificial Intelligence (ISG SAI) met last week for its second meeting and appointed Alex Leadbeater (BT) as its Chair. Dr Kate Reed (NCSC) was appointed as First Vice Chair and Tieyan Li (Huawei) was appointed as Second Vice Chair. This second meeting, after the launch of the group last October, was also the place to discuss work priorities.

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Artificial Intelligence for networks: understanding it through ETSI ENI use cases and architecture

Artificial Intelligence for networks: understanding it through ETSI ENI use cases and architecture

Sophia Antipolis, 20 April 2020

On 17 April, ETSI officials from the Experiential Network Intelligence group (ISG ENI) gave a webinar entitled Artificial Intelligence for networks: understanding it through ETSI ENI use cases. This webinar attracted more than 150 online attendees including operators, vendors, research institutions, and international standards development organizations.

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ETSI’s new group on COVID-19 tracing apps interoperability moving fast: officials elected and work programme set up

ETSI’s new group on COVID-19 tracing apps interoperability moving fast: officials elected and work programme set up

Sophia Antipolis, 11 June 2020

The ETSI E4P group, “Europe for Privacy-Preserving Pandemic Protection”, launched a month ago has already held two meetings. The work of ISG E4P aims to facilitate the development of backward-compatible and interoperable proximity tracing applications to be used to combat pandemics by helping to break viral transmission chains.

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ETSI issues New White Paper on Artificial Intelligence

ETSI issues New White Paper on Artificial Intelligence

Sophia Antipolis, 29 June 2020

ETSI is pleased to unveil a new White Paper on Artificial Intelligence (AI). This White Paper explores key issues of AI that present both huge opportunities and new challenges for information and communication technologies (ICT).

This ETSI White Paper surveys the many technical activities in ETSI that consider AI. They include 5G systems, network optimization, privacy/security, data management, semantic interoperability and testing across all areas. Each area is considering the use of aspects of AI, including Health and Human Factors scenarios. Key references from other bodies are included for global context.

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Fighting pandemic: special edition of Enjoy! now available

Fighting pandemic: special edition of Enjoy! now available

Sophia Antipolis, 7 July 2020

ETSI is pleased to unveil a special edition of its magazine Enjoy! As a global pandemic hit the world at all levels, people and companies had to cope with this crisis each in their own way. Through a variety of interviews and articles, this new issue reflects the challenges and perspectives of our international members.

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World Standards Day 2020: STANDARDS ARE ESSENTIAL TO PROTECT THE PLANET

World Standards Day 2020: STANDARDS ARE ESSENTIAL TO PROTECT THE PLANET

On 14 October 2020, CEN, CENELEC and ETSI, the three official European Standardization Organizations, join the international standardization community in celebrating World Standards Day. By focusing on the environment, this year’s edition aims to raise awareness on the potential of standards to help tackle the climate crisis.

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oneM2M standard has been selected as a national standard in India

oneM2M standard has been selected as a national standard in India

Sophia Antipolis, France, 27 October 2020

oneM2M, the global standards initiative for M2M and IoT technologies of which ETSI is a founding member, is thrilled to announce that its standard has been adopted at a national level in India to develop the 100 smart cities plan of the country.

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Developers at MEC Hackathon challenged to trial edge computing for 5G at the Droidcon virtual event

Developers at MEC Hackathon challenged to trial edge computing for 5G at the Droidcon virtual event

Sophia Antipolis, 10 December 2020

The successful last edition of MEC Hackathons endorsed by ETSI took place on 25 to 26 November and was hosted by Droidcon Italy 2020 as a fully virtual event. The competition was open for developers to test their applications with ETSI MEC APIs (Application Programming Interfaces) in a variety of use cases. The organizing committee received a total of 14 submissions, including several topics, from Augmented Reality for Construction Sector, to consumer, media and entertainment application, to automotive services. Admitted teams were offered remote access to MEC servers and software platforms to develop mobile applications for advanced services in MEC-enabled 5G networks, using ETSI MEC technologies. They were also required to onboard their applications in real-life MEC systems and connect with the MEC APIs to receive simulated in-network data.

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ETSI Report Paves the Way for First World Standards in Securing Artificial Intelligence

ETSI Report Paves the Way for First World Standards in Securing Artificial Intelligence

Sophia Antipolis, 19 January 2021

The ETSI Securing Artificial Intelligence Industry Specification Group (SAI ISG) last month released its first Group Report, ETSI GR SAI 004, which gives an overview of the problem statement regarding the securing of AI. ETSI SAI is the first standardization initiative dedicated to securing AI.

The Report describes the problem of securing AI-based systems and solutions, with a focus on machine learning, and the challenges relating to confidentiality, integrity and availability at each stage of the machine learning lifecycle. It also points out some of the broader challenges of AI systems including bias, ethics and ability to be explained. A number of different attack vectors are outlined, as well as several cases of real-world use and attacks.

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ETSI releases Mitigation Strategy Report on Securing Artificial Intelligence

ETSI releases Mitigation Strategy Report on Securing Artificial Intelligence

Sophia Antipolis, 18 May 2021

ETSI has recently released ETSI GR SAI 005, a report which summarizes and analyses existing and potential mitigation against threats for AI-based systems. Setting a baseline for a common understanding of relevant AI cyber security threats and mitigations will be key for widespread deployment and acceptance of AI systems and applications. This report sheds light on the available methods for securing AI-based systems by mitigating known or potential security threats identified in the recent ENISA threat landscape publication and ETSI GR SAI 004 Problem Statement Report. It also addresses security capabilities, challenges, and limitations when adopting mitigation for AI-based systems in certain potential use cases.

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ETSI releases a White Paper on MEC security, first initiative in this domain

ETSI releases a White Paper on MEC security, first initiative in this domain

Sophia Antipolis, 3 June 2021

ETSI publishes today a White Paper titled MEC security: Status of standards support and future evolutions written by several authors participating in MEC and other related ETSI groups. This White Paper, the very first initiative in this domain, aims to identify aspects of security where the nature of edge computing leaves typical industry approaches to cloud security insufficient. 

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