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NLRB General Counsel Suggests How Colleges and Universities Can Satisfy NLRA Disclosure Obligations Without Violating FERPA

Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about student-employees who seek to unionize, as required by the National Labor Relations Act (NLRA).

On August 6, 2024, the National Labor Relations Board’s general counsel issued a memorandum with her advice about how higher education institutions should handle this dilemma.




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NLRB Reaffirms that Graduate Students Are Statutory Employees under NLRA

On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers was an appropriate bargaining unit. The Board found that RAND’s request raised no substantial issue warranting review.




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NLRB and OSHA Announce MOU to Strengthen Health and Safety

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




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Supreme Court of Canada Confirms “Owners” of Construction Projects Are “Employers” Under OHSA

  • Supreme Court of Canada lets stand decision finding an “owner” of a construction project can be considered an “employer” within the meaning of the Occupational Health and Safety Act (OHSA).
  • This decision has significant implications for the construction sector, as a project owner can now be liable for OHSA violations of its contractor, subject to a due diligence defence.  




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No April Foolin’ – OSHA Updates its Worker Walkaround Representative Regulation

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.




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What Unionized and Non-Unionized Employers Need to Know About OSHA's Worker Walkaround Rule




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Phoenix City Council Requires Heat Safety Plans from City Contractors

On March 26, 2024, the Phoenix (Arizona) City Council unanimously passed an ordinance requiring all city contractors and subcontractors to develop and maintain a written heat safety plan to prevent heat-related illnesses and injuries in the workplace. Outdoor workers in Phoenix may be susceptible to heat-related illness and injury due to the extreme Arizona temperatures.




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Compliance Countdown To New Calif. Workplace Safety Rules

Adam Fiss, Alka Ramchandani-Raj and David Dixon discuss California Labor Code Section 6401.9, which will implement the first general industry workplace violence prevention safety requirements in the U.S. 

Law360

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OSHA Unveils Text of Unprecedented Federal Heat Standard

  • OSHA has issued its proposed workplace heat exposure standard, which would apply to nearly all employers.
  • The proposed standard would require employers to develop a Heat Injury and Illness Prevention Plan with site-specific information to identify, monitor, and control heat hazards in their workplace, and to develop a heat emergency response plan. 




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DOL Announces New FLSA Overtime Salary Threshold




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Are You Ready for the June 18th PWFA Rule?




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Labor Unions and Campus Protests: A Moderated Legal Discussion




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Predictably Unpredictable – Navigating Fair Workweek Laws Across the United States




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Understanding the NLRB’s Healthcare Rule in Light of Recent Union Organizing Trends and Board Decisions




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Virtual Hospitality Roundtable




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Child Labor in the United States and Beyond: A Legal, Moral, and PR Nightmare for Employers




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The New Jersey Wage Hub Unpacked: A 60-day Review of the New Jersey Wage Hub and What Comes Next




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Companies Seeking Stimulus Funds Should Expect a More Aggressive OFCCP

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.




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IRS to Launch Employment Taxes Audit of 5,000 Employers – Is Your Company Ready?

The Internal Revenue Services (IRS) has announced that beginning in November 2009 it will launch its latest National Research Program (NRP). This NRP will be focused on conducting detailed employment taxes examinations. Approximately 5,000 or more employers are to be randomly selected for audit. In addition to potential "assessments," these audits will provide the IRS with the statistical sample of overall employment taxes compliance. The audit program will be conducted over a three year period with at least 2,000 employment tax audits conducted per year.




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IRS Delays Launching Employment Taxes Audit Until February 2010. IRS Plans to Target 6,000 Employers Over 3-Year Period – Is Your Company Ready?

The Internal Revenue Services (IRS) has announced a delay in beginning a comprehensive employment tax audit program originally scheduled for November 2009 but now scheduled to begin February 2010. In February, the IRS will launch its latest National Research Program (NRP). This NRP will be focused on conducting detailed employment taxes examinations. Approximately 6,000 employers are to be randomly selected for audit. In addition to potential "assessments," these audits will provide the IRS with the statistical sample of overall employment taxes compliance.




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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 Receives 15th Consecutive Perfect Score in the Human Rights Campaign Foundation's 2023-2024 Corporate Equality Index

(December 1, 2023) – Littler, the world’s largest employment and labor law practice representing management, earned the top score of 100 on the Human Rights Campaign Foundation’s 2023-2024 Corporate Equality Index (CEI) for the 15th consecutive year. The firm joins the ranks of 545 major U.S. businesses who also earned top marks in this year’s benchmarking survey and report, which measures corporate policies and practices related to LGBTQ+ workplace equality.




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Littler Welcomes Senior Counsel Tara Porterfield in Austin

AUSTIN, Texas (January 16, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Tara Porterfield as senior counsel in its Austin office. Porterfield joins from Vinson & Elkins and brings more than 20 years of employment litigation experience.




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Littler’s Tyler Sims Testifies Before Congress on Effects of Student-Athletes’ Employment Status, Unionization Efforts

WASHINGTON, D.C. (March 12, 2024) – Littler shareholder Tyler A. Sims testified today before the U.S. House of Representatives Committee on Education and the Workforce at a joint hearing of the Subcommittee on Higher Education and Workforce Development and the Subcommittee on Health, Employment, Labor, and Pensions on “Safeguarding Student-Athletes from NLRB Misclassification.”




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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 Welcomes Shareholder John Nordlund in San Diego

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.




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Three Littler Attorneys Selected for 2024 Leadership Council on Legal Diversity Programs

(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.




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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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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 Recognized Among the “Best Law Firms for Women and Diversity” by Seramount

(May 30, 2024) – Littler, the world’s largest employment and labor law practice representing management, has been selected as one of the “Best Law Firms for Women and Diversity” for the 15th time by Seramount, a professional services and research firm dedicated to advancing inclusion, equity and diversity (IE&D) in the workplace for over four decades. Seramount annually surveys law firms to assess how they utilize best practices to recruit, retain, develop and advance lawyers who are women, people of color and those from underrepresented groups.




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Littler Attorneys in Four European Countries Recognized in the 2025 Editions of Best Lawyers™

(June 21, 2024) – Littler, the world’s largest employment and labor law practice representing management, and its attorneys have been featured in the 2025 editions of Best Lawyers® in France, Germany, Italy and the United Kingdom.

The individual attorneys that were listed include the following:




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Littler Adds Unfair Competition and Trade Secrets Litigator Phillip Antablin in Los Angeles

LOS ANGELES (August 19, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Phillip Antablin as a shareholder in its Century City office in Los Angeles. Antablin previously served as Senior Counsel at Epstein Becker Green.




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Leading Business Coalition Urges Supreme Court Review in Key Case on Government-Forced Union Representation

Littler’s Workplace Policy Institute files brief for the Coalition for a Democratic Workplace urging court to grant review of Goldstein v. Professional Staff Congress and reaffirm Constitutional protections against compulsory union representation




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C-Suite Executives Are Advancing Workplace Generative AI Policies as Risks Mount, Littler Survey Finds

Survey also reveals significant misalignment among top executives, posing challenges for effective AI risk management

Littler, the world’s largest employment and labor law practice representing management, has released its 2024 AI C-Suite Survey Report, completed by more than 330 C-suite executives across the United States.




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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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Understanding Argentina under Milei's Revolutionary Changes




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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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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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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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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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EHRC race discrimination fund supported 27 cases in 2022/23

In light of news that the EHRC legal support scheme funded only 27 race discrimination cases during 2022-23, Philip Cameron and Lisa Cameron say it’s important that legal support schemes continue to support litigants in employment discrimination cases.

Personnel Today

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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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Day 1 Unfair Dismissal Right Risks Diversity And Justice Aims

Ben Smith discusses a UK proposal to abolish the two-year qualifying period for employees to bring an unfair dismissal claim against their employer.

Law 360

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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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Punching In: Su's Future at Labor Unclear Even if Harris Wins

Jim Paretti says resignations in the Labor Department are coming no matter who wins the 2024 election.

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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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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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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The White House Will Be Shedding Its Union Label

Lee Schreter and Michael Lotito discuss ways that the new administration is likely to change the labor landscape in workplaces around the country.

The New York Times

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ETSI releases cybersecurity specification to secure sensitive functions in a virtualized environment

ETSI releases cybersecurity specification to secure sensitive functions in a virtualized environment

Sophia Antipolis, 6 February 2019

The ETSI Technical Committee on Cybersecurity (TC CYBER) has just released ETSI TS 103 457, that tackles the challenge of secure storage - where organizations want to protect customer data whilst still using a cloud that is not under their direct control.

Read More...