Rhonda Levy comments on an Ontario Supreme Court ruling in which the court struck down a claim made by a temporary foreign worker seeking damages against his employer for the statutory tort of human trafficking.

Law Times

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Zev Eigen authored an article covering the data science revolution in HR, as well as tools readily available to employers.

The Lawyer's Daily

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Aaron Crews suggests how data could change business law.

Law.com

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Asha Santos, Shareholder in Littler’s Boston office, explains the purpose of bystander intervention training and the value of diversity and inclusion sessions in today's workplace.
 

On March 20, 2023, Ontario introduced Bill 79, Working for Workers Act, 2023 for First Reading.

On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent and came into force. The statutes amended by Bill 79 include the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA) and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA).

ESA Amendments

Bill 79 made the following amendments to the ESA:

(November 3, 2022) – Littler, the world’s largest employment and labor law practice representing management, has earned “Law Firm of the Year” status in the category of Employment Law – Management on the 2023 U.S. News – Best Lawyers^® “Best Law Firms” list. The firm also received “National Tier 1” rankings for the 13th consecutive year in the following practice areas:

Littler, the world’s largest employment and labor law practice representing management, was named “Law Firm of the Year” for Labor Law - Management in the 14th edition of Best Law Firms^®, ranked by Best Lawyers^®. The firm also earned “National Tier 1” rankings for the 14th consecutive year in the following practice areas:

Golf is one of the most significant informal business networks and approximately half of all women feel like their exclusion from these gateways is among the key challenges to reaching the highest echelons of corporate leadership. As a prelude to the 2022 edition of the “Masters Season,” Littler Principal Cindy-Ann Thomas explores how enduring barriers in recreational golf impact meaningful access and equity gains for women in corporate America.

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.
  

Littler Principal Cindy-Ann Thomas and her special guest, author and Professor of Sociology at Washington University in St. Louis, Adia Harvey Wingfield, explore:

An employer pays its managers an annual salary and in addition provides monthly advances based on an estimate of the incentive bonus the employee appears likely to have earned by the end of the year. However, if the employee's performance declines over time so that the earned bonus ends up being less than the amounts advanced over the course of the year, it seems obvious that the employer should be able to deduct the overpayments from future paychecks.

Laura Jousselin, Raoul Parekh and Stephan Swinkels discuss how European employers are responding to workplace changes, including AI and remote workplace demands from employees.

International Employment Lawyer

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Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

Download full Q3 2022 Global Guide Quarterly

Court of Appeal Confirms that Conduct of a Whistleblower is Separable from the Fact of Making a Protected Disclosure

Precedential Decision by Judiciary or Regulatory Agency

We’re thinking about rolling out some IE&D initiatives – is that the same thing as an Affirmative Action Plan?

The short answer is no, and there is often confusion between an Affirmative Action Plan, or AAP, and more general and voluntary IE&D initiatives.

Michael Lotito says the U.S. Supreme Court’s decision to nix Chevron deference sends a message to federal agencies that the days of administrative overreach are over.

Law360 Employment Authority

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Raoul Parekh talks about current workplace issues reflected in Littler’s 2023 European Employer Survey Report, including remote work and a four-day work week.

Law360

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Natasha Adom discusses proposals from the FCA, PRA and Bank of England that would require financial services firms to provide more detailed monitoring and report of diversity and inclusion. 

IFA Magazine

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Attorneys Colette Kopon and August Johannsen join Pro Bono Committee Member Lavanga Wijekoon in discussing their participation in Littler’s pro bono clinic, held in collaboration with the National Immigrant Justice Center, focused on assisting migrant families seeking asylum in the U.S.

Three years have already passed since the European Union agreed upon Directive 2019/1152 of June 20, 2019, addressing transparent and predictable working conditions in the EU in the area of civil law (Working Conditions Directive).

Two noteworthy developments have occurred since the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws on March 15, 2022 that relate to the nascent law surrounding the use of artificial intelligence, machine learning, and other data-driven statistical processes to automate decision-making in the employment context.  

On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA) in federal court. The Eighth Circuit’s opinion in Schumacher v. SC Data Center, Inc. deepens the split between the circuit courts on standing and increases the chances that the U.S. Supreme Court eventually will have to weigh in on the issue again.

Background: Spokeo and Ramirez

Effective October 1, 2021, the New Jersey Division of Taxation (the “NJDT”) ended the temporary relief period with regard to employers’ obligation to withhold income taxes for teleworking employees who work in New Jersey.¹  Employers must therefore stop basing their obligation to withhold and remit income taxes on the employer’s jurisdiction, and instead should do so based on where the employee’s service or employment is performed. If that location is New Jersey, employers should withhold New Jersey taxes from such wages.

George Vassos explains new rules that broaden and clarify British Columbia’s ability to investigate employment compliance matters and tighten rules for hiring children younger than 16 years old.

SHRM Online

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UPDATE: On March 21, 2024, Ontario’s Bill 149 - Working for Workers Four Act, 2024 received Royal Assent. The amendments to the ESA made by Bill 149 came into force on the day it received Royal Assent, with the following exceptions:

Rhonda B. Levy and Monty Verlint explain Ontario's Bill 79, Working for Workers Act, 2023.

SHRM Online

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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.

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.

(November 7, 2024) – For the 15th consecutive year Littler, the world’s largest employment and labor law practice representing management, has achieved “National Tier 1” rankings for the following practice areas in the 15th edition of Best Law Firms^®, ranked by Best Lawyers^®: