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Belgium: New Rules Apply in the Brussels Capital Region Regarding International Mobility

The rules on the employment of third-country nationals (which apply regionally) were recently amended in the Brussels Capital Region by an ordinance issued on February 1, 2024, and its implementing decree on May 16, 2024. The following is a summary of these new rules.




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Littler Global Guide - Germany - Q2 2022

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 Q2 2022 Global Guide Quarterly

Significant Tightening of the German Law on the Provision of Evidence

New Legislation Enacted

Author: Lioba Lamers, Associate – vangard | Littler




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Confidentiality and Privilege Issues Facing Banks in Employment Cases

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




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Littler Global Guide - United Kingdom - Q3 2022

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




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Littler World Cup Matchups Part 5: Whistleblower Protections

Welcome back to our World Cup series, where we compare various aspects of labor and employment law in some of the participating countries.1  We kicked off Parts One and Two of this series with vacation and sick leave entitlements.




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Littler Global Guide - Italy - Q1 2023

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 Q1 2023 Global Guide Quarterly

Extensions of Laws

New Legislation Enacted

Authors: Carlo Majer, Partner, and Caterina Colombano, Associate – Littler Italy




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Littler Global Guide - Netherlands - Q1 2023

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 Q1 2023 Global Guide Quarterly

Whistleblower Protection Act Has Entered into Force

New Legislation Enacted

Authors: Dennis Veldhuizen, Partner, and Eric van Dam, Partner – Clint | Littler




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Littler Global Guide - Germany - Q2 2023

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 Q2 2023 Global Guide Quarterly

German Whistleblower Protection Act

New Legislation Enacted

Author: Matthias Pallentin, Partner – vangard | Littler




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Littler Global Guide - Hungary - Q2 2023

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 Q2 2023 Global Guide Quarterly

New Whistleblowing Act

New Legislation Enacted

Author: Zoltán Csernus, Attorney-at-Law – VJT & Partners Law Firm




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Littler Global Guide - Spain - Q2 2023

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 Q2 2023 Global Guide Quarterly

Deadline for the Implementation of the Whistleblowing Reporting System

New Legislation Enacted

Authors: Sonia Cortés, Partner, and Isabel Herrero, Attorney-at-Law – Abdón Pedrajas | Littler




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Dear Littler: Do We Oust the Grousers?

Dear Littler,




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Dear Littler: How should we handle anonymous complaints?

Dear Littler,




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Littler Lightbulb: February Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court




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Employers Have Until July 25, 2023 to Implement New OFCCP Disability Self-Identification Form

On April 25, 2023, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form prospective and current employees must use to voluntarily self-identify as an individual with a disability.  The form is applicable to federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act, which requires contractors to invite applicants to self-identify as disabled at the pre-offer stage, and to invi




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Affirmative Action Ruling Could Spawn 'Years Of Litigation'

Alyesha Dotson and David Goldstein said the U.S. Supreme Court's ruling striking down affirmative action admissions policies at Harvard and the University of North Carolina offers an opportunity for employers to review their DEI programs and possibly establish more robust ones to help offset any effects of the ruling.

Law360

View (Subscription required.)




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Littler Lightbulb: June Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court




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Littler Lightbulb: July Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.




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A Regression to Politics? Recent Court Decisions Could Give Partisanship Even More Influence at the NLRB

Alex MacDonald discusses recent court decisions that criticized the way the NLRB operates and that could transform American labor law.

Washington Legal Foundation

View




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Third Circuit Holds Multiemployer Pension Fund Claim Cannot Be Enforced due to Unreasonable Delay in Providing Notice of Withdrawal Liability Assessment

In July, the Third Circuit upheld a District of New Jersey decision to throw out a withdrawal liability assessment, finding the multiemployer pension fund was barred from pursuing its claim because the fund unreasonably delayed notification of a withdrawal liability assessment for 12 years.

Withdrawal Liability Assessments Under ERISA




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USERRA Short-term Paid Military Leave Class Action Revived by Federal Appeals Court

On August 22, 2024, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Synoracki v. Alaska Airlines, Inc., reviving a class action under the Uniformed Services Employment and Reemployment Rights Act (USERRA).1 The case was brought by pilots who served in the Air Force Reserves who were seeking from their civilian employer sick leave and vacation accruals during periods of military leave.




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Littler Lightbulb: August Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

Fifth Circuit Vacates DOL Tip Credit Rule




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Hybrid Working 'Here To Stay,' Littler Survey Shows

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

View (Subscription required.)




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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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Avoid litigation, loss of trade secrets when employees leave

Joon Hwang advises employers to review and scope the terms of their restrictive covenants and confidentiality agreements to ensure they are well defined to meet their business interests.

Pit & Quarry

View 




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Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel.




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New Developments on the Enforceability of Releases in Brazil

In 2017, companies in Brazil welcomed changes to its labor code that introduced the option for securing enforceable releases to employment law claims. The changes to the labor code included allowing parties to seek a ratification of a private settlement with the labor courts. The rationale behind the new law was to permit parties to settle matters in an amicable way, thereby reducing judicial disputes.




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Littler Lightbulb: September Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs to Treat Anxiety and Muscle Spasms




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Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving Failure to Mitigate

  • Ontario’s Superior Court of Justice held that because a termination for cause provision in an employment contract defined “cause” more broadly than does the Employment Standards Act, 2000 it was unenforceable.
  • Court also held the employer failed to prove the employee did not mitigate her damages.




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Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental Health Condition

Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because of a mental health condition (i.e., stress and depression) allegedly arising out of his termination. He claimed a 26-month notice period. The employer sought an independent medical examination (IME) of the employee pursuant to s.




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Littler's 2019 European Employer Survey Report

European companies are navigating a variety of social and equality-related issues impacting their workplaces and, according to Littler’s second annual European Employer Survey, are increasingly channeling their concerns into concrete actions.




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Littler COVID-19 Flash Survey Report

The novel coronavirus (COVID-19) has created a host of challenges for employers while accelerating fundamental shifts already underway in the workplace. As the pandemic’s many lasting implications for the workplace and the way we work begin to emerge, Littler surveyed more than 900 employers, based in North America and with operations around the world, on their concerns and the actions they have taken in response.




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The Littler COVID-19 Return to Work Survey Report

With stay-at-home orders across the country being lifted, employers are navigating a host of legal and operational issues in bringing employees back to the workplace in the wake of COVID-19.

In Littler’s survey of more than 1,000 in-house counsel, HR professionals and C-suite executives, we gathered insights about when employers will reopen their workplaces (if at all), how they plan on doing so safely, what accommodations they will make for remote work, and their top liability concerns.




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The Littler European Employer COVID-19 Survey Report

Government-ordered office closures that swept much of Europe early in 2020 appear to have helped convince employers across the continent that workers could be just as productive remotely as they could while gathered in offices.




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The Littler Employer Pulse Survey Report

With COVID-19 cases surging and the changing tides in Washington, D.C., employers have a lot on their minds going into 2021. Littler’s latest survey of nearly 1,100 in-house counsel, HR professionals and C-suite executives finds employers focused on the implications of the extended remote work environment and the workplace policy changes ahead under a new presidential administration.




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The Littler COVID-19 Vaccine Employer Survey Report

The COVID-19 vaccine breakthroughs in late 2020 brought hope that the pandemic’s end could be in sight, but a return to normalcy will require widespread inoculation, raising an urgent question: Should employers mandate COVID-19 vaccinations for their workers?




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Inaugural Report of Littler’s Global Workplace Transformation Initiative

The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment.  COVID-19 will eventually pass, but transformative issues laid bare by the pandemic—which were already in motion—will remain, likely at an accelerated pace.




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COVID-19 Vaccination: A Littler Global Guide on Legal & Practical Implications in the Workplace (January 2022 Update)

The Firm’s International Practice Group has once again updated its COVID-19 Vaccination: A Littler Global Guide on Legal & Practical Implications in the Workplace. Two years into the pandemic, experts agree that – in the absence of newly emerging and highly transmissible variants – COVID-19 might lose its pandemic status before the end of 2022 due to the development of various COVID-19 vaccines and increasing global vaccination rates.




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The Littler Annual Employer Survey 2021

Employers transitioning to a post-pandemic workplace face a host of novel challenges.

High on that list is navigating hybrid work models and what a return to physical workplaces looks like – especially when, as our survey reveals, the percentage of employees who prefer remote or hybrid work is higher than the percentage of employers who plan to offer it. The survey also finds employers taking a cautious approach to asking about employees’ COVID-19 vaccination status and making a range of changes to their physical workplaces.




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Social and Political Issues and the Workplace – Implications for Employers

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




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Littler COVID-19 Vaccine Employer Survey Report: Delta Variant Update

After more than a year of a crushing global pandemic, the early summer brought hope for a long-anticipated return to normal business operations, at least in the United States. But those plans were derailed by the rapid spread of the highly contagious delta variant and mounting COVID-19 infections. The abrupt change left companies – many of which had just updated plans with an eye toward a post-pandemic future – scrambling to adjust policies on such pressing issues as vaccination, return-to-office timing and mask wearing.




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The Littler 2021 European Employer Survey Report

Despite all that remains uncertain for European employers – involving the trajectory of the COVID-19 pandemic, new working models or any number of other emergent workforce issues – one area has come into greater focus: Most companies are planning a return to the office in some form.

That much is clear from Littler’s fourth annual European Employer Survey. It’s less clear, however, whether companies’ plans for balancing remote and in-person work align with employee preferences – setting the stage for some very real workplace tensions in the critical months to come.




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The Littler Annual Employer Survey 2022

No one said adjusting to the “new normal” would be easy.

That sentiment is hitting home for employers as workers increasingly return to offices in the midst of a historically tight labor market and after more than two years of a global pandemic. Issues and initiatives that have consumed the corporate world’s attention – from vaccine policies to hybrid work models to evolving regulations and emerging technologies – are now entering a pivotal phase, posing new challenges and opportunities alike.




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The Littler 2022 European Employer Survey Report

Just how far can companies go in requiring in-person work?

That is one of the critical questions facing European employers today, according to Littler’s fifth annual European Employer Survey. Drawing on insights from nearly 700 human resources executives, in-house attorneys, and business leaders, this year’s survey finds employers pulled in different directions as their desire to increase in-person work may conflict with the flexibility needed to attract and retain talent.




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Littler Employer Pulse Survey Report: 2023 Economic Outlook

The economy has been awash with mixed messages in recent months – throwing a wrench into many employers’ workforce planning.

This complex picture raises a host of important questions for companies: Do they continue hiring as normal? Prepare for a downturn? Implement reductions in force (RIFs) or layoffs?




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The Littler Annual Employer Survey 2023

Widespread economic uncertainty. Evolving workforce expectations. Accelerating adoption of artificial intelligence (AI) tools. A growing patchwork of local, state and federal regulations.

Numerous headwinds are colliding in 2023 – and presenting employers with a litany of tough decisions.




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Littler AI in the Workplace Survey Report 2023

Employers are increasingly looking to reap benefits from both generative and predictive artificial intelligence (AI) technologies, including in human resources (HR) functions. Yet an evolving patchwork of AI regulation and the rampant pace of technological change place many at a crossroads.

How will the growing use of AI impact workforce decisions and expose new vulnerabilities?




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The Littler 2023 European Employer Survey Report

Under pressure to provide increasingly flexible work arrangements, leverage artificial intelligence (AI) tools, and wade into contentious social issues, how are European employers responding?

Littler’s sixth annual European Employer Survey – completed by 780 human resources executives, in-house attorneys and business leaders – investigates this critical question, exploring how today’s employers are responding to widespread shifts in workplace management, policy and culture.




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Littler’s Inclusion, Equity and Diversity C-Suite Survey Report

Employers face numerous legal and workplace complexities in managing their inclusion, equity and diversity (IE&D) programs, from the repercussions of the U.S. Supreme Court’s affirmative action decisions to new anti-IE&D state laws and mounting calls for corporate leaders to take a stance on social issues.

How are employers responding to this critically important – and increasingly embattled – workplace issue?




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Littler’s 2024 AI C-Suite Survey Report

Balancing Risk and Opportunity in AI Decision-Making

As the adoption of artificial intelligence (AI) spreads across corporate America, the risks are growing in kind. The question on every business leader’s mind, then, is how to seize the opportunities created by AI – without exposing their organizations to new vulnerabilities. 




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The Littler 2024 European Employer Survey Report

European businesses are navigating numerous changes impacting their workplaces, driven by factors that range from national election outcomes and the rapid adoption of AI to ESG initiatives and emerging compliance challenges.

Littler’s seventh annual European Employer Survey – completed by nearly 630 business leaders, in-house lawyers, and HR executives (57% of whom hold C-suite positions) – offers an in-depth look at how business leaders are responding to these issues and steps they are taking to prepare for what’s to come.