How should an employer respond when an employee is accused, charged, or convicted of a crime?

Fortunately, this is not a day-to-day issue that HR teams tend to deal with, but when it does arise, it can raise complex employment law issues and employers may have a PR crisis on their hands.

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) that contains a new, temporary COBRA subsidy.

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) that contains a new, temporary COBRA subsidy. The ARPA COBRA subsidy requires employers to cover 100% of an employee’s cost of continuing group health coverage under COBRA from April 1, 2021 through September 30, 2021 for those who lost their health care coverage on account of a reduction of hours or an involuntary termination.

In late January 2023, the UK Government published a draft Code of Practice on Dismissal and Re-engagement. The trigger for the draft Code was the increased attention on the use of dismissal and re-engagement (also known as “fire and rehire”) by employers during the COVID-19 pandemic.

For In-house Counsel or HR professionals in Asia, what are some key issues to be aware of when implementing a business restructure?

There are some key areas you will want to focus on when restructuring a business operation in the APAC region.

On March 10, 2022, the Department of Labor issued guidance on the use of cryptocurrency in plans governed by ERISA.  The announcement applies to cryptocurrencies as well as digital assets, which include “tokens,” “coins,” “crypto assets” and any derivates thereof.

On October 14, 2022, the Pension Benefit Guaranty Corporation (PBGC), the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the Employee Retirement Income Security Act of 1974 (ERISA), published a proposed rule governing employer withdrawal liability.

Employers offering 401(k) and similar retirement plans should familiarize themselves with a new rule published by the Employee Benefits Security Administration of the U.S. Department of Labor, Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights, which takes effect on January 30, 2023.

Trent Sutton and Thelma Akpan explore key reasons why employers in the APAC region should begin to think about pay equity and wage transparency or prepare to implement their own wage transparency initiatives.
 

On September 24, 2024, the U.S.

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.
  

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 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. 

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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As we start the second quarter of 2024, there are a number of important developments in immigration compliance involving many of the applicable agencies.

The past year has brought sweeping changes to the world of work. Federal agencies finalized rules on minimum wage and overtime exemptions, union representation elections, pregnancy accommodations, OSHA inspections, and non-compete agreements. The Supreme Court scaled back agency rulemaking authority and lowered the bar for bringing discrimination claims. State legislatures expanded the patchwork of employment laws on a host of workplace topics. Meanwhile, the looming presidential election adds another layer of uncertainty to the mix.

Counsel representing banks in employment litigation need to understand the special privileges and rules regarding access to bank records and disclosures to regulators.

By Philip M. Berkowitz | July 13, 2022

Melissa McDonagh said employers should continue to be thoughtful with their approach to noncompete agreements, ensuring compliance with existing state laws and monitoring the status of the FTC noncompete rule as it winds its way through the appellate process.

WorldatWork

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Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business.

Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to impact the workplace in various ways. On the positive side, it can automate repetitive and time-consuming tasks, leading to increased efficiency and productivity. For example, it can assist with data entry, customer service, and content creation. Additionally, it can help businesses to analyze and make sense of large amounts of data, leading to better decision-making.

Eric Compere, William Kim, Melissa Peters, Kennell Sambour and Krystal Weaver provide insight on Cal/OSHA’s new FAQs.

SHRM Online

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The IRS has issued a new fact sheet (FS-2024-22) to address frequently asked questions about educational assistance programs (EAPs), also known as Section 127 plans.¹ EAP plans have been an effective recruitment and retention tool for many employers over the past two decades and remain popular with employees because the payments are tax exempt to employees and tax deductible to employers.

On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015, which had been limited to poultry processing establishments.

Jim Paretti said the EEOC’s new guidance explaining the application of Title VII of the Civil Rights Act of 1964 to automated systems that incorporate artificial intelligence in a range of HR-related uses is a wake-up call to employers.

SHRM Online

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(November 8, 2023) – Littler, the world’s largest employment and labour law practice representing management, has released its sixth annual European Employer Survey Report. Based on responses from 780 human resources (HR) executives, in-house lawyers and business leaders from across Europe, the report explores the myriad ways in which employers are responding to changes in workplace management, policy and culture.

Littler, the world’s largest employment and labour law practice representing management, has released its seventh annual European Employer Survey Report, based on responses from nearly 630 human resources (HR) executives, business leaders, and in-house lawyers from across Europe—57% of whom hold C-suite positions at their organisations.

Stephan Swinkels says some data breaches are inevitable and employers must move quickly to minimize the damage in the event of a breach.

International Employment Lawyer

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Bradford J. Kelley stresses to employers the importance of implementing safeguards when considering adopting AI technologies.

Thomson Reuters

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