ration OFCCP's New Registration and Certification Requirements By www.littler.com Published On :: Mon, 24 Jan 2022 22:16:06 +0000 Full Article
ration OFCCP's New Registration and Certification Requirements By www.littler.com Published On :: Wed, 23 Mar 2022 16:18:30 +0000 Full Article
ration What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication? By www.littler.com Published On :: Fri, 09 Aug 2024 19:43:20 +0000 The Supreme Court’s recent decision in SEC v. Jarkesy held that certain Securities and Exchange Commission adjudications must take place in court because defendants are entitled to a jury trial. It will be interesting to see whether the principles of Jarkesy will apply such that complaints initiated by other federal agencies, including those handling immigration compliance, will entitle employers to a trial in federal district court. Full Article
ration The New Normal: Continuing Considerations of Hybrid and Remote Work By www.littler.com Published On :: Wed, 11 Jan 2023 18:45:05 +0000 Full Article
ration New York Legislature Bans Consideration of Most Older Convictions in Employment Decisions By www.littler.com Published On :: Tue, 20 Jun 2023 19:29:51 +0000 UPDATE: Governor Hochul signed this bill on November 16, 2023, which will take effect one year from signing. * * * Full Article
ration New York Bans Consideration of Sealed Convictions in Employment Decisions By www.littler.com Published On :: Mon, 26 Jun 2023 17:55:47 +0000 Michael Paglialonga and Stephen Fuchs discuss New York’s new Clean Slate Act, which will prohibit employers from inquiring about sealed records or discriminating against applicants or employees based on sealed records. SHRM Online View (Subscription required.) Full Article
ration Dear Littler: How should employers revise their releases, separation agreements, and settlement agreements in light of the Speak Out Act? By www.littler.com Published On :: Thu, 15 Dec 2022 21:42:43 +0000 Dear Littler: Considering the recent passage of the federal Speak Out Act limiting the use of pre-dispute nondisclosure and non-disparagement clauses involving sexual assault and sexual harassment claims, what impact will this have on our template releases, separation agreements, and litigation settlement agreements? How do you recommend we revise those documents? —Revising Releases Dear Revising, Full Article
ration Department of Labor and IRS Intensify Cooperation on Worker Misclassification By www.littler.com Published On :: Tue, 27 Dec 2022 21:57:40 +0000 On December 14, 2022, the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) signed and published a Memorandum of Understanding for Employment Tax Referrals (the “MOU”). The MOU establishes a system for referrals from the DOL’s Wage & Hour Division (WHD) to the Small Business/Self Employed Specialty Employment Tax unit (“SB/SE”). Full Article
ration New Legislation and New PAGA in CA, New Administration in DC – How Can Employers Thrive in 2025? By www.littler.com Published On :: Tue, 01 Oct 2024 19:06:12 +0000 Full Article
ration Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable By www.littler.com Published On :: Thu, 27 May 2021 15:30:19 +0000 Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute. Even upon the issuance of the arbitrator’s final decision, however, a court’s intervention may still be necessary. At the very least, the court can actually enforce an arbitration award, whereas the arbitrator cannot. Moreover, the losing party in the arbitration may seek to vacate the arbitrator’s decision on limited grounds, or seek further review of the district court’s decision by filing an appeal with th Full Article
ration EEOC’s Pandemic Operations Get High Marks From Lawyers By www.littler.com Published On :: Thu, 29 Jul 2021 18:11:12 +0000 Jim Paretti offers his opinion on how things have gone in interactions with the U.S. Equal Employment Opportunity Commission during the pandemic. Law360 Employment Authority View (Subscription required.) Full Article
ration Mediator Mark Rudy credits success to preparation, patience, persistence By www.littler.com Published On :: Wed, 27 Oct 2021 14:43:30 +0000 Keith A. Jacoby explains what makes Mark Rudy a good mediator. Daily Journal View (Subscription required.) Full Article
ration Supreme Court of Puerto Rico Validates Implicit Consent for Arbitration Agreements in the Employment Context By www.littler.com Published On :: Fri, 12 Nov 2021 20:12:07 +0000 In Aponte Valentín v. Pfizer Pharmaceuticals, CC-2018-748,1 the Puerto Rico Supreme Court reinforced the strong public policy favoring arbitration agreements in Puerto Rico, validating continued employment as implicit consent for such agreements. Full Article
ration Congress Passes Bipartisan Arbitration Limitation By www.littler.com Published On :: Fri, 11 Feb 2022 23:22:55 +0000 Update: This bill was signed into law on March 3, 2022. Full Article
ration Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies By www.littler.com Published On :: Wed, 27 Apr 2022 14:34:41 +0000 Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this Insight, we provide an overview of key trends in these awards. Full Article
ration Key trends in arbitration awards pertaining to mandatory vaccines By www.littler.com Published On :: Thu, 05 May 2022 17:12:53 +0000 Rhonda B. Levy and Barry Kuretzky provide an overview of key trends in arbitration awards in Ontario and British Columbia since fall 2021 that have considered issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. Human Resources Director Canada View (Subscription required.) Full Article
ration Supreme Court Permits Arbitration of Individual PAGA Claims By www.littler.com Published On :: Fri, 17 Jun 2022 13:27:17 +0000 The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act (PAGA).1 This decision, which is a significant win for employers with interests in California, will allow employers to compel arbitration of a PAGA plaintiff’s individual PAGA claims. Full Article
ration Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision By www.littler.com Published On :: Fri, 15 Jul 2022 19:45:07 +0000 On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration. The court concluded that because nothing in the arbitration agreement prohibited the plaintiff from being awarded any relief he might be entitled to under Oregon’s wage and hour statutes, the arbitration provision was not unconscionable and therefore enforceable. Background Full Article
ration Oregon Supreme Court Affirms Enforceability of Arbitration Provision By www.littler.com Published On :: Tue, 26 Jul 2022 16:21:21 +0000 Christine Sargent writes about an Oregon Supreme Court case that affirmed the importance of implementing enforceable arbitration agreements. SHRM Online View (Subscription required.) Full Article
ration Ninth Circuit Eliminates Obstacles to Enforcement of Employment Arbitration Agreements in California By www.littler.com Published On :: Fri, 17 Feb 2023 22:11:33 +0000 Ninth Circuit holds the Federal Arbitration Act (FAA) preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims under the FEHA and the California Labor Code. Arbitration agreements are on an equal footing as other contracts and will be analyzed in the Ninth Circuit in accordance with FAA principles of “equal protection treatment.” Full Article
ration U.S. Immigration Laws and the Peril of Using the United States as a Venue for International Arbitration Proceedings By www.littler.com Published On :: Fri, 24 Mar 2023 21:40:05 +0000 Angel Valverde presents issues for development of international arbitration in the U.S., as there are no visas that specifically allow a foreign national to be employed as an arbitrator, attorney or expert witness in an arbitration proceeding. International Law Quarterly View Full Article
ration California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court By www.littler.com Published On :: Tue, 18 Jul 2023 22:11:01 +0000 The California Supreme Court determined that plaintiffs seeking civil penalties under California’s Private Attorneys General Act (PAGA) retain standing to pursue representative PAGA claims on behalf of other alleged aggrieved employees in court despite being bound to arbitrate their individual PAGA claims. Full Article
ration California Appellate Court Decision Limits Power of Arbitrators to Cure Late Arbitration Payments By www.littler.com Published On :: Mon, 14 Aug 2023 21:16:32 +0000 On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being in material breach of the arbitration agreement. In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee payment. Full Article
ration California's Mandatory Arbitration Ban Is Permanently Halted By www.littler.com Published On :: Wed, 24 Jan 2024 17:14:59 +0000 Alexander MacDonald explains when California employers’ employment agreements are subject to state law and AB 51 may apply. XpertHR View Full Article
ration The ACLU: Champion of Individual Arbitration? By www.littler.com Published On :: Mon, 25 Mar 2024 17:50:35 +0000 Alexander MacDonald discusses a case in which the ACLU, sharp critic of arbitration, is arguing that individual arbitration plays a “fundamental role” in protecting labor rights. The Federalist Society View Full Article
ration U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies By www.littler.com Published On :: Mon, 15 Apr 2024 21:47:00 +0000 On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette v. LePage Bakeries Park St., LLC,1 the Supreme Court unanimously held Section 1 of the FAA exempts classes of workers who are actively engaged in interstate transportation, even if the individuals are not employed by a company in the transportation industry (the “Transportation Exemption”). Full Article
ration Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts By www.littler.com Published On :: Tue, 23 Apr 2024 21:40:41 +0000 Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC,1 that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the transportation industry, the U.S. Court of Appeals for the Ninth Circuit addressed whether the exemption applies to “contracts of employment” between business entities. In Fli-Lo Falcon, LLC v. Full Article
ration A Look at the Proliferation of New Legislation Addressing IE&D Across the Country By www.littler.com Published On :: Thu, 25 Apr 2024 20:22:54 +0000 There has been an explosion of inclusion, equity and diversity-based legislation over the last two years. Since 2023, dozens of “anti-IE&D” bills have been introduced and 12 have become law, attempting to restrict IE&D-related activities. At the same time, several jurisdictions have recently sought to introduce “pro-IE&D” bills that would require IE&D training and other IE&D-related activities. Full Article
ration Considerations for Compliance with FTC Noncompete Rule By www.littler.com Published On :: Mon, 05 Aug 2024 16:07:25 +0000 Full Article
ration The Presidential Elections and the Immigration Consequences By www.littler.com Published On :: Wed, 25 Sep 2024 16:46:00 +0000 Full Article
ration Return-to-Office Policies: Key Employer Considerations By www.littler.com Published On :: Wed, 23 Oct 2024 14:44:48 +0000 Full Article
ration Cybersecurity Considerations for Employers Sponsoring ERISA Plans By www.littler.com Published On :: Tue, 12 Nov 2024 14:18:02 +0000 Cyber-criminals often steal funds and personal data from employee benefit plans. Employers face increasing liability for failures in cybersecurity of the employee benefit plans they sponsor, including for the security of plan assets and data managed by service providers. The DOL has updated its detailed guidance on cybersecurity for ERISA-covered benefit plans. Full Article
ration 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 By www.littler.com Published On :: Tue, 22 Oct 2024 21:01:27 +0000 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 Listen Full Article
ration Prized H-1B Worker Visas Threatened Amid Trump Immigration Plans By www.littler.com Published On :: Tue, 12 Nov 2024 21:51:03 +0000 Jorge R. Lopez says the Trump administration’s regulatory agenda was stymied by legal battles and a slow transition the first time around, but could move much quicker to implement its immigration priorities in his second administration. Bloomberg Law View (Subscription required) Full Article
ration 22nd Global Standards Collaboration meeting convenes world’s leading standards bodies in Montreux, Switzerland By www.etsi.org Published On :: Tue, 02 Jul 2019 08:29:51 GMT 22nd Global Standards Collaboration meeting convenes world’s leading standards bodies in Montreux, Switzerland Sophia Antipolis, 28 March 2019 The 22nd meeting of the Global Standards Collaboration (GSC), a high-level gathering of the world’s leading information and communication technologies (ICT) standards organizations, took place from 26-27 March 2019, hosted by IEC (International Electrotechnical Commission) and ISO (International Organization for Standardization) in Montreux, Switzerland. GSC members shared their priorities and focused on Smart Sustainable Cities and AI (Artificial Intelligence). Read More... Full Article
ration ETSI and the Linux Foundation sign Memorandum of Understanding enabling industry standards and Open Source collaboration By www.etsi.org Published On :: Thu, 28 Apr 2022 13:57:05 GMT ETSI and the Linux Foundation sign Memorandum of Understanding enabling industry standards and Open Source collaboration San Francisco, US, and Sophia Antipolis, France, 26 April 2019 Today, the Linux Foundation, the nonprofit organization enabling mass innovation through sustainable open source, signed a Memorandum of Understanding with ETSI, the independent organization providing global standards for ICT services across all sectors of industry, to bring open source and standards closer and foster synergies between them. Read More... Full Article
ration COAI and ETSI sign MoU to foster a closer co-operation on Telecom Standardization By www.etsi.org Published On :: Tue, 02 Jul 2019 07:17:19 GMT COAI and ETSI sign MoU to foster a closer co-operation on Telecom Standardization New Delhi & Sophia Antipolis, 13 May 2019 Acknowledging the role of standards, especially in the context of emerging technologies and technologies of the future and the need to collaborate and work in partnership with different types of organizations around the world, COAI, the apex industry association representing leading Telecom, Internet, Technology and Digital Services companies and ETSI, a leading standardization organization for Information and Communication Technology (ICT) standards fulfilling European and global market needs announced to come together once again to work and collaborate on areas of mutual interest. Read More... Full Article
ration ETSI NFV Release 4 empowers orchestration and cloud enabled deployments By www.etsi.org Published On :: Thu, 28 Apr 2022 13:56:35 GMT ETSI NFV Release 4 empowers orchestration and cloud enabled deployments Offers increased support for automation Sophia Antipolis, 8 October 2019 The ETSI Industry Specification Group (ISG) for Network Functions Virtualisation (NFV) has started working on its next specification release, known as Release 4. While NFV-based deployments are expanding worldwide and show the benefits of network function virtualization, new technologies are expected to be leveraged and features are being added in support of 5G and novel fixed access network deployments that are emerging in many countries. The release 4 work programme will provide the right setting to further enhance the NFV framework by considering recent technological advances, as well as ways to simplify its usage, that are aligned with the current trends in the industry towards network transformation. Read More... Full Article
ration ETSI issues two major standards for emergency calls: Next Generation 112 and Advanced Mobile Location By www.etsi.org Published On :: Thu, 28 Apr 2022 14:18:35 GMT ETSI issues two major standards for emergency calls: Next Generation 112 and Advanced Mobile Location Sophia Antipolis, 20 January 2020 ETSI’s Emergency Communication Special Committee has recently released two major specifications, ETSI TS 103 479, for NG112, the next generation of European emergency services and ETSI TS 103 625, for the specific Advanced Mobile Location function. AML is already implemented in 22 countries worldwide following the publication of the first ETSI technical report TR 103 393. Read More... Full Article
ration ETSI launches new group on 5th generation Fixed Network shifting the paradigm from Fibre to the Home to Fiber to Everything Everywhere By www.etsi.org Published On :: Thu, 28 Apr 2022 08:03:02 GMT ETSI launches new group on 5th generation Fixed Network shifting the paradigm from Fibre to the Home to Fiber to Everything Everywhere Sophia Antipolis, 26 February 2020 ETSI announces today the launch of a new group dedicated to specifying the fifth generation of Fixed Network (ETSI ISG F5G). In a launch via an online press and industry briefing yesterday, various speakers expressed their view on the need for standardization in this area. Read More... Full Article
ration ETSI increases outreach to the research community to accelerate innovation and standards cooperation By www.etsi.org Published On :: Tue, 16 Jun 2020 08:28:47 GMT ETSI increases outreach to the research community to accelerate innovation and standards cooperation Sophia Antipolis, 16 June 2020 Engaging with Standards at the appropriate stages of research and innovation cycles is crucial to the development of new and evolved technologies. Identifying research topics for standardization at an early stage ensures that the requisite standards will be available to the industry when they are needed to support the relevant new technologies and products as they go to market. Currently ETSI’s research and academic membership includes over 120 organizations, including public and private research institutes and universities from Europe and beyond. ETSI seeks to expand the existing research and academic community as well as reinforce the links with European research projects and platforms in order to build an active community of research and industrial partners, working towards a shared goal. Read More... Full Article
ration ETSI releases migration strategies and recommendations for Quantum-Safe schemes By www.etsi.org Published On :: Thu, 28 Apr 2022 14:21:53 GMT ETSI releases migration strategies and recommendations for Quantum-Safe schemes Sophia Antipolis, 11 August 2020 The ETSI Quantum-Safe Cryptography (QSC) working group is pleased to announce the release of Technical Report TR 103 619 defining migration strategies and recommendations for Quantum-Safe schemes, and enhancing cryptography awareness across all business sectors. Read More... Full Article
ration ETSI Fifth Generation Fixed Network White Paper paves the way for Fibre to Everywhere and Everything By www.etsi.org Published On :: Thu, 28 Apr 2022 06:25:14 GMT ETSI Fifth Generation Fixed Network White Paper paves the way for Fibre to Everywhere and Everything Sophia Antipolis, 30 September 2020 The ETSI ISG F5G (Fifth Generation Fixed Network) has released a White Paper that sets the scene for the evolution of on-premise, fixed access, and aggregation networks. In this White Paper, ETSI presents the vision, value, use cases, features, and technologies of F5G, aiming to foster a global effort to realize its full potential. Read More... Full Article
ration ETSI announces MEC 5G Integration Report and extension of ISG MEC By www.etsi.org Published On :: Thu, 28 Apr 2022 07:58:46 GMT ETSI announces MEC 5G Integration Report and extension of ISG MEC Sophia Antipolis, 7 December 2020 The ETSI Multi-access Edge Computing group (ETSI ISG MEC) has recently released the Group Report ETSI GR MEC 031 that describes the key issues, solution proposals and recommendations for MEC integration into 3GPP 5G systems. ETSI ISG MEC started their endeavour with the 3GPP 5G system specification when working on their White Paper published in June 2018. This White Paper confirmed the great synergies between the 3GPP 5G and MEC systems and how they both complemented each other in serving the edge computing demands of the 5G era. The Paper also highlighted main topics for further study, which provided the motivation for the creation of the ETSI GR MEC 031 MEC 5G Integration Report. Read More... Full Article
ration ETSI enables intercontinental testing for next-generation emergency communications By www.etsi.org Published On :: Fri, 04 Jun 2021 16:07:00 GMT ETSI enables intercontinental testing for next-generation emergency communications Sophia Antipolis, 23 March 2021 ETSI has successfully completed its international emergency communications interoperability testing event. 285 test pairings, with 87% demonstrating interoperability, were run from 22 February to 5 March 2021, both in Europe and across the Atlantic to assess the compatibility of products for mission-critical public safety services. This remote event was a cooperation between ETSI, EENA, the European Emergency Number Association and for the first time NENA, the 9-1-1 Association. Read More... Full Article
ration ETSI releases the first Group Report on Encrypted Traffic Integration, protecting end users from malicious attacks By www.etsi.org Published On :: Wed, 01 Sep 2021 08:43:38 GMT ETSI releases the first Group Report on Encrypted Traffic Integration, protecting end users from malicious attacks Sophia Antipolis, 1 September 2021 ETSI’s Industry Specification Group on Encrypted Traffic Integration (ISG ETI) has concluded the early part of its work, by identifying problems arising from pervasive encrypted traffic in communications networks. Read More... Full Article
ration ETSI launches first specification for the 5th Generation Fixed Network, F5G technology landscape By www.etsi.org Published On :: Thu, 23 Sep 2021 10:02:40 GMT ETSI launches first specification for the 5th Generation Fixed Network, F5G technology landscape Sophia Antipolis, 23 September 2021 ETSI's 5th Generation Fixed Network group (F5G ISG) has just released its first specification, ETSI GS F5G 003, entitled F5G Technology Landscape. In this specification, the ISG studies the technical requirements, existing standards and gaps for 10 different new use cases, for home, enterprises or industrial needs. ETSI GS F5G 003 use cases include PON (passive optical network) on-premises and passive optical LAN. In this case, a PON system could connect end devices (like HDTV, HD surveillance cameras and VR/AR helmets) and provide higher data rate, better coordination and controlled latency than current Ethernet and Wi-Fi mesh. Read More... Full Article
ration ETSI launches new education programme for the next generation of ICT standards professionals By www.etsi.org Published On :: Tue, 08 Feb 2022 09:15:29 GMT ETSI launches new education programme for the next generation of ICT standards professionals Sophia Antipolis, 8 February 2022 ICT standardization plays an important role for interoperability and innovation and its practice remains a topic that is not easily accessible. To try to remedy this situation and prepare the next generation of standards professionals, ETSI has developed comprehensive teaching materials on education about ICT standardization. With this programme ETSI leads ICT standardization education, bringing the expertise of its global membership from various sectors. Read More... Full Article
ration ETSI releases first specification on 5th Generation Fixed Network (F5G) architecture By www.etsi.org Published On :: Thu, 12 May 2022 12:09:30 GMT ETSI releases first specification on 5th Generation Fixed Network (F5G) architecture Sophia Antipolis, 12 May 2022 ETSI's 5th Generation Fixed Network group (ISG F5G) has released its first specification for F5G Network Architecture ETSI GS F5G 004. This architecture will deliver a variety of services to residential and business customers over a single physical network with guaranteed SLAs (service level agreements). Read More... Full Article
ration ETSI and MIPI Alliance Announce Incorporation of MIPI I3C Basic into ETSI Smart Secure Platform By www.etsi.org Published On :: Thu, 30 Jun 2022 08:50:40 GMT ETSI and MIPI Alliance Announce Incorporation of MIPI I3C Basic into ETSI Smart Secure Platform I3C Interface for SSP provides higher data rate and improved integration flexibility with decreased power consumption Piscataway, N.J. and Sophia Antipolis, France 30 June, 2022 The MIPI Alliance, an international organization that develops interface specifications for mobile and mobile-influenced industries, and ETSI Technical Committee Secure Element Technologies (TC SET) today announced the adoption of the I3C Interface for SSP (ETSI TS 103 818) specification, allowing the MIPI I3C Basic specification to serve as a physical and logical link layer for the ETSI Smart Secure Platform (SSP). The I3C Interface for SSP joins the family of specifications that underpin the ETSI SSP, the next-generation platform for Universal Subscriber Identity Module (USIM) and Secure Elements to meet new market requirements driven by emerging Internet of Things (IoT), 5G and other security-sensitive applications. Read More... Full Article
