In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.

Devjani Mishra discusses the pandemic’s ongoing impact on the workplace revealed by key findings from Littler’s 2024 Annual Employer Survey Report.

Bloomberg Law

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

CNN

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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

Mark Phillis discusses the practice of looking to HR professionals to testify in court and conduct workplace investigations.

Bloomberg BNA Human Resources Report

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As prosecutors and states have ramped up the criminal prosecution of wage theft and other employment law violations, Jacqueline Kalk explains why this isn’t always necessary.

Law360 Employment Authority

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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.

Law360 Employment Authority

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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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A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.

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.

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.

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.

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

Update: On August 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law, reforming the liability guidelines under the Illinois Biometric Information Privacy Act.

CHICAGO (April 11, 2024) – Today, the Illinois Senate passed SB 2979, which would reform the liability guidelines under the state’s Biometric Information Privacy Act (BIPA). The bill marks an important milestone in the broader effort to resolve BIPA’s vague statutory language and courts’ expansive interpretations of the law, which have posed a threat to businesses that capture biometric information.

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.

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.

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 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.

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

Amid election uncertainty, employers face challenges that include a growing skills gap, an increasingly active labor movement, and legal complexity around corporate diversity efforts

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.

Alyesha Asghar and Julian G.G. Wolfson explain “background circumstances,” which are required as evidence in cases of reverse discrimination, and the implications for employers and IE&D.

Wolters Kluwer

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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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(May 8, 2024) – In an election year that could significantly impact the future of employment and labor law, U.S. employers expect heightened regulatory enforcement as they navigate a host of workplace issues, including the disruptive impact of artificial intelligence (AI) and managing divisive political beliefs among employees.

Niloy Ray says employers should be intentional about their generative AI usage, not only with regard to whether they use it at all, but also how, why and when. 

HR Dive

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Stephen Shore discusses a new law in Saskatchewan, Canada, that requires employers to create workplace violence prevention programs and inform employees about other workers who have a history of violent behavior.

International Employment Lawyer

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May 25th marked six years since the General Data Protection Regulation has been in effect.

Since it was implemented, GDPR has been regarded as the gold standard for data protection legislation across the world. The implementation of GDPR signaled the European Union’s firm stance on data privacy and security, demonstrated by the large fines introduced for businesses that violate GDPR standards. The GDPR is retained in the UK’s domestic law as UK GDPR, which sits alongside the Data Protection Act 2018.

Kristy Peters discusses how employment law attorneys can be critical partners for employers to help them identify challenges and opportunities for their business.

InBusiness Phoenix

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Marko Mrkonich says it’s important for companies to establish their AI compliance framework at the beginning, instead of after employees have already gotten used to deploying AI in certain ways.

Corporate Counsel

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Alex MacDonald says a California assembly bill unlawfully targets certain companies or groups of companies.

Law360 Employment Authority

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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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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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Alex MacDonald says the US Labor Department’s ability to use in-house judges to resolve claims may have to be addressed by the US Supreme Court because circuit splits threaten to limit the judges’ power. 

Bloomberg Law

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Michael Lotito, Jorge Lopez, Jim Paretti and Shannon Meade share their outlooks on the biggest changes that could be coming down the pike for HR after Election Day.

HR Executive

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Shannon Meade says wage legislation on the hill has consistently failed and stalled in Congress, so states have been stepping up to fill the void.

Forbes

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