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

View

If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be entitled to leave under the Oregon Family Medical Leave Act (“OFLA”), Oregon Sick Time law (“OSTL”), and the federal Family Medical Leave Act (“FMLA”).

Mishell Parreno Taylor and Raquel Zilberman Rotman write about how law firms can use the opportunities created by the pandemic to engage in real conversations about equity and offer steps firms can take to promote authenticity.

Bloomberg Law

View 

The Home Office has updated its guide on right to work (work authorization) checks for employers in the UK.

Changes coming into effect this month include a less flexible approach to late applications to the EU Settlement Scheme (EUSS) for Europeans and their families and a hike in penalties for illegal working.

Right to work changes for EEA citizens

In the Chancellor of the Exchequer’s Autumn Statement, Jeremy Hunt promised that “the government will expand the business Visitor rules to allow businesspeople to engage in a wider range of permitted activities and paid engagements, to take effect from January 2024. The government will also explore further reforms to the business visitor rules during 2024.”

The first of these changes took effect from January 31, 2024. They were not a major reform of the business and other permitted activities that can be carried out on a visit visa, but there are some important changes.

April 1, 2024, will mark the beginning of new changes to USCIS form editions, filing fees, and direct filing addresses for many common immigration applications and petitions.

Of particular note are the upcoming changes to the filing requirements for the Form I-129 and Form I-140. With the H-1B lottery filing window set to open on April 1 for those selected in the FY 2025 H-1B lottery, it is imperative for visa petitioners to be mindful of the upcoming changes to avoid any unnecessary rejections of their potentially time-sensitive filings.

Filing Fees

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.

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

Jesús Lahera offers a detailed analysis of Spain’s Whistleblowing Directive and its impact on employers and employees.

Observatorio de RRHH

View

Dear Littler,

There have been significant recent developments to the rules on annual leave, with a decision from the Supreme Court of the United Kingdom followed by the publication of the draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (the Employment Rights Regulations).

Updated July 31, 2023: The Council’s Modifications to Employment Regulations Regarding Criminal History discussed in this Insight have just been approved by the Office of Administrative Law, and the modified regulations will go into effect on October 1, 2023. Key changes from the initial proposal include:

Rod M. Fliegel and Alice H. Wang discuss the Civil Rights Council of the California Civil Rights Department’s latest revisions to the Fair Employment and Housing Act (FEHA) regulations that govern employers' use and consideration of criminal history in employment decisions.

SHRM Online

View (Subscription required.)

The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring decisions.  On July 24, 2023, the Office of Administrative Law approved the Council’s proposed modifications to the regulations. 

Rod Fliegel co-authors a report that explains negligent hiring, employers’ risks and how they can protect their company. 

Legal Action Center

View

Rod Fliegel says he's seeing an uptick in negligent hiring concerns because of the growth of gig work.

SHRM Online

View (Subscription required.)

Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance.  The ordinance, which imposes obligations well beyond existing federal and state law, and which extends to con

In March, the UK government announced changes to the tax regime surrounding pensions as part of the annual Budget.

In this piece, we take a deep dive into what these changes are, who they affect, what employers should be doing in response and ask: is this really a big deal?

What is changing?

Three new rules will take effect this year that alter the overtime wages subject to Alabama withholding tax and employers’ requirements in reporting those newly exempt wages. On October 31, 2023, the Alabama Department of Revenue’s Income Tax Administration issued three final rules that take effect December 3, 2023, and will cover all tax years beginning after December 31, 2023, and ending prior to June 30, 2025.  Notably, the entirety of overtime wages paid to full-time hourly employees will be excluded from Alabama withholding tax.

Janell Ahnert and Tucker Crain discuss new rules in Alabama that change the overtime pay exemption calculation and impart new reporting requirements on Alabama employers through at least June 30, 2025.

SHRM Online

View (Subscription required.)

All Canadian employers other than those in Quebec¹ are required to:

• Deduct Canada Pension Plan (CPP) contributions from their employees’ pensionable earnings if the employee meets certain conditions;
• Contribute an amount equal to the CPP contributions that were deducted; and
• Remit both amounts.

These obligations end when the employee reaches the maximum contribution for the year.

The new tax year is swiftly approaching, along with new statutory rates, limits and changes to employment law in England and Wales that HR practitioners should be aware of. 

Annual rates and limits increases

The usual annual updates to the statutory rates and limits will come into effect in early April 2024.

Here are the key changes:

Michael Lotito offers insight on the Protecting the Right to Organize Act (or PRO Act), which includes a change to a standard known as “joint employer.”

Entrepreneur

View 

The National Institutes of Health (NIH) requires recipient institutions—i.e., any entity receiving funding from the NIH—to have policies that foster a harassment-free environment.

The U.S. Citizenship and Immigration Services recently announced that it is clarifying the validity period of off-campus employment authorization for international students pursuant to the Special Student Relief (SSR) package.

Name, Image and Likeness (NIL) opportunities have been a hot topic in college sports since the summer of 2021. In July 2021, the NCAA released an Interim NIL Policy. Before then, individual states had passed laws allowing college athletes to enter NIL deals. Florida was one of the earliest states to enact an NIL law. Passed in 2020, it went into effect in July 2021. Recent amendments to Florida’s NIL law will have a substantial impact upon businesses looking to enter NIL deals with athletes at Florida schools and upon Florida schools with intercollegiate athletic programs.

David Goldstein talks about some differences as the Labor Department proposes changes to a Trump-era rule that it says “undermined” how it handles and resolves discrimination claims by federal contractors.

Government Executive

View

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.

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.

NASHVILLE, Tenn. (June 4, 2024) – Bruce Buchanan, an attorney in the Nashville office of Littler, the world’s largest employment and labor law practice representing management, has published the 2024 edition of The I-9 and E-Verify Handbook, along with co-author Greg Siskind of Siskind Susser, PC.

(August 7, 2024) – Littler, the world’s largest employment and labor law practice representing management, has selected Devjani H. Mishra (Shareholder, New York) and Nicole S. LeFave (Shareholder, Austin) to lead its 'Ohana affinity group and SOAR Program, respectively.

(August 15, 2024) – More than 240 lawyers  from Littler, the world’s largest employment and labor law practice representing management, have been included in the 31st edition of The Best Lawyers in America^® guide.

Marko Mrkonich discusses findings in Littler’s AI C-Suite Survey Report that explains why it’s essential for employers to implement workplace generative AI policies.

Corporate Compliance Insights

View

Zoe Argento provides insight into Colorado’s AI law and the risks employers may have if they allow AI tools in the workplace. 

The Sum & Substance

View

Jim Paretti says the actions the EEOC embarked on during the first Trump administration offer clear insights as to what to expect in the second go-round.

Law360

View (Subscription required)

Michael Lotito says it’s possible that Democratic board members get a pink slip from the Trump administration regardless of whether it’s necessary to create the space for a Republican board majority.

Bloomberg Law

View (Subscription required)