Paul Bateman and Erin Webber share how Bateman’s new role will encourage Littler’s social justice initiatives.

Law360

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Ole Kristian Olsby and Nina Elisabeth Thjømøe explain Norway’s new Anti-discrimination Tribunal.

International Law Office (ILO)

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Ole Kristian Olsby and Nina Elisabeth Thjømøe clarify how to actively prevent sexual harassment and unwanted attention in the workplace through a recent Supreme Court ruling.

International Law Office (ILO)

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Erin Webber and Zoe Argento discuss the effect the pandemic has had on working mothers and the impact on women in the workforce generally.
 

Jeanine Conley Daves hosts a conversation between Tom Bender and Shin-I Lowe. They discuss the importance of mentorship, what a successful mentorship relationship looks like, and how male mentor influences are equally important to women.
  

One year into a global pandemic, with vaccinations underway, we are eagerly preparing for social “re-entry.” But how do the isolating behaviors that we have now perfected – in the interest of sheer survival – bode for the concept of “inclusion” in a post-pandemic world?

Littler Principal Cindy-Ann Thomas and her guest, Enidio Magel, Managing Director and Founder of the Multicultural Institute, consider:

(March 22, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce new leadership for its ‘Ohana and Reunión affinity groups. Additionally, the firm’s Diversity & Inclusion (D&I) Council added six new members.

Erin Webber shares how inclusion, equity and diversity has positively impacted her legal career at Littler. 

L'Economia

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Jennifer Youpa and Nina Markey discuss the importance of advancing gender equity in the workplace, how access and representation are critical to creating opportunities for women, and how women can help each other achieve their professional goals.
  

Margaret Parnell Hogan interviews Wendy Buckingham and Emily Haigh on how their experience as women in the U.S. military influenced their legal careers, and how their backgrounds shaped their outlook on gender equity in the workplace.
  

Michael Chichester explains how the pandemic has changed what the workforce looks like today and in the future.

Law360

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William Ng shares how he plans to use his president-elect status of the Asian American Bar Association of New York (AABANY) to help Asian Americans advance in the legal profession while combating racism. 

Binghamton University Alumni Connect

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In support of AAPI Heritage Month, this podcast features Danielle Herring (Houston), Emilie Hammerstein (Pittsburgh) and Alan Sims (Downtown Los Angeles) as they explore their biracial identity and how that shapes the way they practice law.
  

In continued celebration of AAPI Heritage Month, Eddie Chyun (Cleveland), Lavanga Wijekoon (Chicago) and Aki Tanaka (Boston) share their stories of moving to the U.S., assimilating and adding to the American culture, and how their worldview, experiences, and background prepared them to practice law.
  

Barry Hartstein explains his view of the EEOC’s vaccination incentives.

HR Dive

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(June 3, 2021) – Littler, the world’s largest employment and labor law practice representing management, has selected Shareholder Jeremy Hawpe (Dallas) as co-chair of its Pride affinity group, joining Shareholder Lauren Schwartzreich (Denver), and succeeding Shareholder Darren Gibson (Austin) who is stepping down to focus on his growing and active practice.

In celebration of Pride Month, Whitney Williams (L.A. – Century City) and Michael Hui (San Francisco) discuss their personal experiences growing up gay in the Black and Asian American communities, what their similar upbringings have taught them about being an attorney, and how the Littler Pride affinity group is an important part of their lives at the firm.
  

Racially offensive symbols, such as Confederate flags, displayed in the workplace can constitute evidence of a racially hostile work environment. In light of this and our ever-increasing efforts to foster harassment-free workplaces, Alyesha Asghar Dotson discusses how employers can prepare for and respond when potentially offensive symbols appear in their workplace.
  

Teresa Trigueros discusses workplace harassment and its protocols.

Confilegal

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(June 22, 2021) – Littler, the world’s largest employment and labor law practice representing management, has been named one of the “Best Law Firms for Women” for the 12th time by Seramount (formerly Working Mother Media). Littler is one of 50 firms recognized for utilizing best practices in the recruitment, retention, promotion and development of women lawyers.

In celebration of Pride Month, Jennifer Youpa (Dallas) interviews Shareholder and Littler Board Member Lee Schreter (Atlanta) about Lee’s experience coming out as a lesbian woman, the challenges and opportunities of intersectionality, and strategies for improved inclusion, equity and diversity across the legal profession.
  

Jim Paretti discusses the rescinding of a controversial EEOC rule that would have required the agency to share more information with employers credibly accused of discrimination during the conciliation process.

Law360 Employment Authority

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In Schachter v. Citigroup, Inc.,¹ the California Supreme Court rejected claims that an incentive plan that conditioned the earning of restricted stock based on continued service was unlawful where the employee voluntarily elected to participate in the plan, and the employee quit before the date on which the incentive was earned. The plan was lawful even though the incentive plan was funded from wages that the employee would have otherwise received in cash.

On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 4173) (the "Act"), which is intended "to promote the financial stability of the United States by improving accountability and transparency in the financial system" and "to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes." While the Act is directed at the financial system, it incorporates broad executive compensation provisions that apply beyond the financial services industry.

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.

The recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") mandates, for publicly traded companies, shareholder advisory votes on compensation packages provided to top executives and on "golden parachute" packages payable in connection with corporate transactions.

The Securities and Exchange Commission (SEC) released proposed rules on March 2, 2011, in connection with provisions of the Dodd-Frank Act that prohibit "covered financial institutions" from providing incentive-based compensation that encourages inappropriate risks, by providing either excessive compensation or incentives that could lead to material financial loss to the institution.

The focus of this 2011 Littler Report is to provide employers with information to prepare and plan for regulations recently passed and those currently making their way through the agency rulemaking process. Part One of this Littler Report will set the stage and define the challenge employers will face in the coming years as the Obama Administration enters the second half of its term.

Section 162(m) of the Internal Revenue Code (the "Code") generally limits the deductibility of compensation paid by a publicly traded corporation to its top executive officers (the "covered employees") to $1 million annually (the "Million Dollar Cap"). However, this limit will not apply to certain amounts that qualify as "performance-based compensation." Compensation attributable to stock options, stock appreciation rights ("SARs") and restricted stock grants may qualify as performance-based compensation if they meet certain requirements.

By now, most lawyers advising international companies on compensation packages for expatriates that include deferred compensation are familiar with section 409A of the United States Internal Revenue Code ("US tax code" or "Code").

The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert qualifications required for the valuation of equity following the termination of the chairman and chief executive officer (CEO) ("executive") of a publicly-traded company, as well as the applicability of Delaware Corporations Law to related change in control (CIC) provisions. 

Background

On August 29, 2014, the Texas Supreme Court in Exxon Mobil Corp. v.

As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs).  The past year has brought to the fore some challenging issues likely to grow in importance in 2015, among them the increasing strength of global unions as well as the ever-growing importance of corporate compliance.  While some of these topics are certainly familiar—data privacy and whistleblower protection, for example—the continuing importance and expansion of these issues highlight their increased complexity and correspondingly in

The Securities and Exchange Commission (SEC) has adopted a final rule requiring publicly traded corporations to disclose, to the SEC and shareholders, the ratio of CEO compensation to the "median compensation" of the corporation's employees (except the CEO).

The Internal Revenue Service recently issued proposed regulations under Section 457 of the Internal Revenue Code (the “Code”) that prescribe rules regarding deferred compensation plans sponsored by state and local governments and tax-exempt organizations.  These regulations relate primarily to the taxes imposed (under Code Section 457(f)) on the organization at the time the individual’s right to compensation vests, without regard to actual time of payment. 

Monica Schiaffino contributed an overview of the primary sources of law that govern or affect executive compensation arrangements or employee benefits in Mexico.

Getting the Deal Through

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Update 2: On March 12, 2021, in Mikelsteins v.

Updates: On November 12, 2020, in James Anthony Manastersky v.