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.

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.

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.

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?

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.

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?

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.

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?

As part of an employer’s EEO compliance efforts, minimizing the risk of harassment claims should be a top priority. Recent statistics issued by the Equal Employment Opportunity Commission (EEOC) indicate that the number of harassment charges has continued to spike upward over the past several years, including the monetary recovery for such claims.

On May 15, 2024, the EEOC issued its annual statistics on charge activity, which indicated the following:

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. 

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.

Devjani Mishra discusses Littler’s Executive Employer survey, which found that most employers are planning to implement a hybrid work model.

Reuters

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Effective October 1, 2021, the New Jersey Division of Taxation (the “NJDT”) ended the temporary relief period with regard to employers’ obligation to withhold income taxes for teleworking employees who work in New Jersey.¹  Employers must therefore stop basing their obligation to withhold and remit income taxes on the employer’s jurisdiction, and instead should do so based on where the employee’s service or employment is performed. If that location is New Jersey, employers should withhold New Jersey taxes from such wages.

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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On July 21, 2023, New Jersey Governor Phil Murphy signed Assembly Bill No. S3128/A4694 into law,¹ which implements an aggressive tax treatment of nonresidents who work for New Jersey employers.

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:

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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New Jersey is the latest state to advance pay transparency requirements.  On September 26, 2024, the New Jersey state legislature passed Senate Bill 2310, which if signed and enacted by Governor Murphy (as is expected), would mandate that certain New Jersey employers disclose wage or salary ranges and general benefits information in each job posting/advertisement. The bill would also require that employers take “reasonable” steps to make opportunities for promotions known to current employees.

Applicability

Adam Fiss and Sebastian Chilco review updates to California’s paid leave law.

Wolters Kluwer

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Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this Insight, we provide an overview of key trends in these awards.

Rhonda B. Levy and Barry Kuretzky provide an overview of key trends in arbitration awards in Ontario and British Columbia since fall 2021 that have considered issues relating to mandatory COVID-19 vaccination policies in the unionized workplace.

Human Resources Director Canada

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Tyler Sims discusses the potential wage-and-hour implications of Dartmouth College’s men’s basketball team voting to form what may become the NCAA’s first-ever athlete labor union.

HR Dive

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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.

(November 16, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Colombia, Portugal, Puerto Rico and Spain offices have been recognized in the 2024 edition of Best Lawyers^®.

The individual attorneys that were recognized include the following:

MEXICO (December 7, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Mexico offices have been recognized in the 2024 edition of Best Lawyers^®.

The individual attorneys that were acknowledged include:

(January 2, 2024) – Littler, the world’s largest employment and labor law practice representing management, is ringing in the new year with a new shareholder class. The firm elevated 26 attorneys to shareholder across its U.S., Mexico and Singapore offices, effective January 1, 2024.

(January 10, 2024) – Littler, the world’s largest employment and labor law practice representing management, has released its Inclusion, Equity and Diversity (IE&D) C-Suite Survey Report, completed by more than 320 C-suite executives across the United States.

(April 3, 2024) – Three attorneys from Littler, the world’s largest employment and labor law practice representing management, have been selected for the 2024 Leadership Council on Legal Diversity (LCLD) Fellows and Pathfinders programs. Shareholder Karimah J. Lamar (San Diego) will serve in the 2024 LCLD fellows class, and Associates Warsame Y.

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.

(June 21, 2024) – Littler, the world’s largest employment and labor law practice representing management, and its attorneys have been featured in the 2025 editions of Best Lawyers^® in France, Germany, Italy and the United Kingdom.

The individual attorneys that were listed include the following:

(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.

Littler’s Workplace Policy Institute files brief for the Coalition for a Democratic Workplace urging court to grant review of Goldstein v. Professional Staff Congress and reaffirm Constitutional protections against compulsory union representation

Survey also reveals significant misalignment among top executives, posing challenges for effective AI risk management

Littler, the world’s largest employment and labor law practice representing management, has released its 2024 AI C-Suite Survey Report, completed by more than 330 C-suite executives across the United States.

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.

Paul Weiner, Denise Backhouse and Gretchen Marty explain how the legal and technical matters of e-discovery are prominent in lawsuits and in the legal industry as a whole.

Law360

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2024 promises to be a consequential year for employers. The U.S. is preparing for an election that could significantly impact the future of employment and labor law. At the same time, businesses continue to wrestle with cultural changes stemming from the pandemic and are confronting newer challenges such as the disruptive impact of artificial intelligence (AI).

(May 8, 2024) – In an election year that could significantly impact the future of employment and labor law, U.S. employers expect heightened regulatory enforcement as they navigate a host of workplace issues, including the disruptive impact of artificial intelligence (AI) and managing divisive political beliefs among employees.

Marko Mrkonich says it’s important for companies to establish their AI compliance framework at the beginning, instead of after employees have already gotten used to deploying AI in certain ways.

Corporate Counsel

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