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Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable.




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More than one million fit notes issued for mental ill-health last year – what can HR do to help?

Sophie Vanhegan says employers must continue to shift culture and workplace dynamics to encourage greater awareness of and support for mental health matters. 

People Management

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UK: The King’s Speech and What it Means for Employment Law

  • The King’s Speech was delivered on July 17, setting forth the UK Government’s legislative agenda for the next Parliamentary Session.  
  • Highlights include the introduction of an Employment Rights Bill within the first 100 days, publication of a Draft Equality (Race and Disability) Bill, and a living wage that accounts for the current cost of living and eliminates age bands.




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UK Legislation Round-up: What Was Passed in the Parliamentary Wash-up?

After the UK general election was announced, the following legislation was approved by Parliament during what is known as 'the wash-up' period towards the end of May 2024. Some of these require further regulations to bring them into force, and when (or if) they will be brought into force will be largely dependent upon the new government’s priorities and policies. 

Paternity Leave (Bereavement) Act 2024




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National Day for Truth and Reconciliation (September 30): What Is it and Where in Canada Is it Observed as a Statutory Holiday?

What is it?

The Truth and Reconciliation Commission of Canada (TRC) was established in 2008 to document the history and legacy of residential schools, which were operated between the late 1800s and the late 1990s by the federal government and Christian churches as part of a federal policy to assimilate Indigenous peoples into Canadian society.




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Ontario, Canada Human Rights Tribunal Establishes That Employers’ Duty to Accommodate Family Status with Shift Changes Is not Unlimited

  • Human Rights Tribunal of Ontario clarified that an employer’s duty to accommodate an employee’s family status with shift changes is not unlimited.
  • Employees must co-operate in the accommodation process and cannot reject an employer’s offer of accommodation that is reasonable in the circumstances.




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AdvisorHub Culture Study Part 5: What Makes an “A” Culture Firm

Cindy-Ann Thomas shares her experience of training companies on improving their diversity and inclusion in the workplace.  

AdvisorHub

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Pink quotas, inclusion and conciliation: what 11 women at the top think

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

L'Economia

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What are you? A Conversation with Littler’s “Other” Attorneys

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.
  




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What is your name? A Conversation with Littler’s Immigrant Attorneys

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.
  




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What To Know About EEOC Conciliation Regs' Coming Demise

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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Ontario, Canada: What Is an Employee’s Entitlement to Incentive Plan Compensation during the Notice Period?

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




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Scrapping the UK Banker Bonus Cap — What Next for Financial Services Pay?

Financial services firms regulated in the UK by both the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have long caused confusion, particularly in international financial services groups, with their complex regulatory pay structures and infamous bonus cap.




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March 2024 UK Immigration Statement of Changes: What Employers Need to Know

Introducing the latest UK Immigration Rules Statement of Changes, Legal Immigration Minister Tom Pursglove announced that they will “deliver the biggest ever cut to migration over the course of this year.”

The Statement of Changes HC590 will have serious consequences for employers from April 4, 2024, as well as for British citizens and settled residents bringing partners to live with them in the UK from April 11.




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What Has Been Happening at OCAHO in 2023-2024?

  • The Office of the Chief Administrative Hearing Officer (OCAHO) has issued four decisions since February 2023 addressing the amount penalties imposed on employers for Form I-9 violations.
  • On average, OCAHO reduced such penalties by 24.36%




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What Immigration Changes Can UK Employers Expect from the Labour Government?

Under the previous UK Home Secretary, James Cleverly, minimum salary thresholds for Skilled Worker visas were raised significantly and the 20% discount for shortage occupations were eliminated.

Both the Conservative and Labour manifestos vowed to lower immigration each year, leaving employers wondering what changes are on the horizon.

Review of IT and engineering roles




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SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law

  • Recent SEC cease-and-desist Orders indicate how publicly traded and other SEC-regulated employers should be on alert to the agency’s ongoing attention to enforcement actions under Rule 21F-17.
  • The SEC has been examining whether non-disclosure agreements and other confidential business information provisions could impede whistleblowers from communicating with the SEC.




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The Biden Labor Agenda: What Lies Ahead




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

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.




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The Supreme Court overruled affirmative action. What’s next?

David Christlieb talks about the Supreme Court striking down affirmative action, as well as its decision in siding with an employee who refused to work.

WGN Radio

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What employers can expect following the end of Chevron deference

Alexander MacDonald says that in the wake of Chevron, existing regulations will not be thrown out, but there will be closer scrutiny over regulations, and there may be fewer of them to come.

HR Dive

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What's Next After NLRB Ruling On Overbroad Noncompetes

Kathryn Siegel, Rachel Satinsky and Dru Selden assess the current landscape of restrictive covenants and the trend of federal agencies and states toward limiting noncompete provisions.

Law360

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What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?

  • 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.




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What employers need to know now that the 80/20 tip credit rule has been overturned

Dan Boatright discusses the Fifth Circuit Court of Appeal’s decision to strike down the 80/20 labor rule and what that decision means for employers. 

Nation’s Restaurant News

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Sponsoring a Group Health Plan for Employees? What Employers Need to Know About the Consolidated Appropriations Act

  • Employers sponsoring group health plans must understand and comply with new requirements imposed by the Consolidated Appropriations Act.
  • On the plus side, the new compliance requirements can provide sponsors with valuable insights into the operation of their group health plans.
  • To avoid potential liabilities, however, sponsors should act proactively to avoid allegations of imprudent fiduciary processes.   




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Illinois Federal Court Holds that a Pension Rehabilitation Plan Fund Used an Improper High-Contribution Rate in Withdrawal Liability Calculations

  • In a matter of first impression for federal courts, the Northern District of Illinois found that a pension fund cannot use post-2014 contribution rate increases made pursuant to a rehabilitation plan to calculate an employer’s withdrawal liability payment amount.
  • This decision represents a major victory for employers faced with inflated withdrawal liability demands.




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What’s New on the Employment Law Front for In-House Leaders




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What is unlimited Paid Time Off or PTO, and is it right for your business?




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Biden's DOL Pick Walsh In The Hot Seat: What To Watch For

Michael Lotito shares his predictions for workplace training and labor management under Marty Walsh’s leadership.

Law360

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Internal Disclosures from Compliance Audits –What Could Go Wrong?

Compliance or internal audit departments frequently carry out audits intended to assure that business partners in an organization, such as human resources or legal departments, have in place policies and procedures that are effective for maintaining corporate compliance and consistent with the myriad laws with which the organization must comply, including employment, whistleblower, and anti-bribery and corruption.  These reviews are often not confined to policies but may also seek review of actual compliance events and sensitive contemporaneous records.  For example, in the case of an inte




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Navigating New Nevada Laws: What to Know and How to Prepare




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What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?




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NLRB General Counsel Explains What Remedies She Wants for Non-Competes She Considers Illegal and Promises Crack-Down on “Stay-or-Pay” Agreements

  • NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA.
  • The Memorandum also alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.




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Dallas Cowboys Cheerleaders and Equal Pay: What the Hit Netflix Show Tells UK Employers

The latest binge watch for many of us at GQ|Littler was the Netflix hit, “America’s Sweethearts: Dallas Cowboys Cheerleaders,” which follows a year in the life of NFL’s Dallas Cowboys cheerleading team.




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USCIS Has Introduced E-Verify+ — What Is It?

  • E-Verify+ is a new voluntary employee verification process that allows employees to complete their Forms I-9 through E-Verify.
  • The process has benefits and detriments, so employers invited to participate in the program should discuss E-Verify+ with their immigration counsel to determine whether it is right for their organization.




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What to do about "Global COVID Nomads" and Other Wandering Workers Who Telecommute from Abroad for Personal Reasons

Technology facilitates remote work in ways that, years ago, just were not possible. Take telecommuting. These days, all kinds of jobs that had to be performed at an employer site are now performed remotely. Some call center workers, for example, now work from home using home telephones no brick-and-mortar call center needed. Some secretaries now telecommute using laptops and the internet. Some teachers now teach remotely using laptops and video links.




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Minding the Pay Gap: What Employers Need to Know as Pay Equity Protections Widen

The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and the public are increasingly expecting more from organizations surrounding diversity, equity, and inclusion, the stakes for employers regarding pay equity continue to rise. Politicians have also taken note.




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County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal and California Law

  • New Los Angeles County ordinance goes into effect September 3, 2024.
  • The ordinance, which has a private right of action, requires significant changes to job postings, conditional offer letters, procedures for adjudicating criminal history, and related notifications for the unincorporated areas of Los Angeles County.
  • The ordinance purports to cover relationships beyond traditional employment relationships, such as contract and freelance work.




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Dear Littler: What is so Taxing about our Wandering Workers?

Dear Littler: You alerted us to some wage & hour and leaves & benefits issues stemming from our “wandering workers” who have scattered across the country during the pandemic, yet continue to work for our Texas-based company.




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This is what you should know about the proof of tax situation of the SAT

In Mexico, the fiscal authority has dramatically strengthened all the strategies that allow for better control and collection of employment taxes, and Jorge Sales Boyoli explains what that means for employers.

Forbes Mexico

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The Key Laws That Will Impact Kentucky Businesses and Workplaces in 2023

LaToi Mayo, Kellan Coffey and Amanda Combs discuss the new Kentucky laws that focus on measures to attract businesses, increase workforce participation and increase economic growth.

The Lane Report

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Third Circuit's 'Johnson v. NCAA' Opinion: What It Means for College Athletics and Beyond

Andrea M. Kirshenbaum discusses how Johnson v. NCAA is noteworthy beyond the realm of college athletics for its expansive discussion of the FLSA.

The Legal Intelligencer

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What's Next For Calif. Employers After AI Bias Bill's Failure

Joy Rosenquist discusses what California employers should watch for after the state’s AI bias bill failed and its Civil Rights Department continues work on proposed regulations that could be game-changing.

Law360 Employment Authority

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California Limits the Discretion Employers Have to Insist on a Driver’s License Even for Jobs that Require Driving for Work

Starting in January 2025, California’s Fair Employment & Housing Act (FEHA) will prohibit employers from including a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license unless the employer “reasonably” anticipates driving to be an essential job function that cannot be comparably performed by alternative means. The stated purpose of the new FEHA amendment is to help facilitate employment for non-drivers who rely on ride hails, public transportation, biking, and walking as their primary means of transportation.




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Politics In California Workplaces: What Employers Must Know

Bradford Kelley and Britney Torres predict politics in the workplace will remain an issue beyond the election and so California employers need a long-term plan measures for issues that include voter intimidation and discrimination and employees taking time off to vote.

Law360

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What We Learned from Whistleblowers and Their Complaints in 2022 and What to Watch Out for in 2023




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What's Contributing to the Decline in SF Superior Civil Filings?

Theodora Lee said overall case filings in the San Francisco state trial court have been down significantly compared to pre-pandemic levels, but she’s seeing an uptick in labor and employment law cases.

The Recorder

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Denver Mandates That All Public-Sector and Certain Private-Sector Employees Be Vaccinated for COVID-19

On August 2, 2021, Denver, Colorado Mayor Michael B. Hancock announced that all city employees, as well as private-sector workers in certain “high-risk” settings, must be fully vaccinated against COVID-19 by September 30, 2021. After September 30, unvaccinated individuals covered by this mandate will not be permitted to work onsite or in the field. In order to meet this September 30 deadline, employees covered by this requirement must receive their final doses of the vaccine by September 15.

Who is Affected by the Vaccine Mandate?




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U.S. Supreme Court Strikes Down Race-Conscious Admissions – What Does it Mean for Employers?

  • On June 29, 2023, the U.S. Supreme Court found that Harvard’s and UNC’s race-conscious admissions practices are unconstitutional.




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The Summer’s death knell for affirmative action has passed - Now what?

Jim Thelen says the Supreme Court’s Harvard/UNC decision does not directly impact employment law but may impact the way the public, employees, the judiciary, government agencies and opposition groups looking for ways to legally challenge such programs and evaluate them going forward.

University Business

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