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The Fashion Industry Meets Human Rights Due Diligence: New York’s Proposed “Fashion Sustainability and Social Accountability Act”

In January 2022, the New York State Senate introduced a bill that seeks to impose significant human rights and environmental due diligence and disclosure obligations on fashion retail sellers and manufacturers operating in the state of New York.  As we reported previously, 2021 saw a number of international and regional legislative efforts to impose human rights due diligence and disclosure obligations on multinational employers.




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Do mandatory vaccination policies infringe on Charter of Rights and Freedoms?

Rhonda B. Levy and George Vassos write about a case in which a Canadian judge finally ruled on whether or not COVID laws are in breach of human rights.

Human Resources Director Canada

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Legal decisions on mandatory coronavirus vaccination policies favouring employers

George Vassos says arbitrators have largely favored employers’ vaccination policies, but employers don’t have carte blanche. 

Benefits Canada

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Recent Human Rights Due Diligence Law Developments in the European Union, Switzerland, and Japan

National and supranational legislatures continue to develop laws requiring employers to conduct due diligence of their operations and those of their business partners in order to address human rights risks such as forced labor and child labor.  Recently, the European Union (EU), Switzerland, and Japan have rolled out such laws, described below:

EU’s Corporate Due Diligence and Corporate Accountability Directive




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Dealing with human rights complaints in unionized workplaces

Rhonda B. Levy and Douglas Sanderson examine The Human Rights Tribunal of Ontario preliminary hearing to determine whether allegations made under the Human Rights Code fell within the exclusive jurisdiction of a labour arbitrator, or whether the Tribunal had concurrent jurisdiction over employment-related human rights matters in a unionized workplace. 

Human Resources Director Canada




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New York to Require Human Trafficking Recognition Training for Certain Hospitality Employees

New York State Governor Kathy Hochul recently signed into law eight pieces of legislation designed to combat human trafficking. These laws require many hospitality industry employers to provide specific anti-human-trafficking awareness training to employees. They also require certain hospitality and transportation industry employers to post information regarding services available to human trafficking victims.




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Ontario, Canada Court Addresses Statutory Tort of Human Trafficking in Labour Context

  • Temporary foreign worker made a claim for damages against employer for the statutory tort of human trafficking under the Prevention of and Remedies for Human Trafficking Act.




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Business and Human Rights for Small Companies – What is the Impact of the German Supply Chain Due Diligence Act on the Supplier Side?

  • The new German Supply Chain Due Diligence Act imposes new obligations on larger companies, which must, among other things, check their entire supply chain for violations of human rights and environmental concerns.
  • Companies that are not yet directly covered by the scope of application—i.e., suppliers—are also indirectly affected, as they are subject to comparable obligations.




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Employers Rapidly Implement Japan’s Guidelines on Business & Human Rights

  • Japan is one of the first non-Western countries to adopt a legal framework on business and human rights, which will likely influence other countries in the APAC region, as well as the overall Western focus of BHR developments. 




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The CSDDD Effect: Assessing the Impact of the EU’s Impending Corporate Sustainability Mandate on Japanese Companies

Lavanga Wijekoon and Aki Tanaka explore the significant impact of the European Union’s expected Corporate Sustainability Due Diligence Directive (CSDDD) on global corporate responsibility, with a specific focus on its implications for Japanese companies.

Institute for Security and Development Policy

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South Korea Proposes Mandatory Human Rights Due Diligence Obligations on Employers

  • South Korean lawmakers have proposed a bill imposing mandatory human rights and environmental due diligence obligations on employers.
  • If the bill is enacted, this law will be the first of its kind in Asia.
  • This bill emerges as global employers are currently complying with a patchwork of due diligence laws in Western countries.




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Germany: Update on the European Supply Chain Directive

On March 15, 2024, the EU member states voted in favor of the European Supply Chain Directive (Corporate Sustainability Due Diligence Directive – CSDDD) in the EU Committee of Permanent Representatives (COREPER) after a long back-and-forth. The vote, originally scheduled for February 9, 2024, had been initially canceled and postponed indefinitely. The reason for this was that numerous member states – including Germany – had already announced their abstention from the vote in advance. The final version of the directive is less burdensome for companies compared to the previous draft.




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Are employers required to conduct human rights due diligence in their global operations?

Are employers required to conduct human rights due diligence in their global operations?

The scope and scale of many employers’ global operations and their global supply chains are expanding. This expansion has led to a greater focus on the risk of corporate human rights abuses such as forced labor, child labor, and other forms of modern slavery.




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The E.U. Advances a Watered-Down but Nonetheless Landmark Human Rights Draft Law – What This Means for Global Employers

  • The E.U. significantly advanced draft legislation requiring certain global employers to engage in wide-ranging human rights due diligence.
  • The scope of the law covers both E.U. and non-E.U. companies.
  • The draft law is expected to pass this summer, triggering E.U. Member States’ obligations to transpose it into local law. 




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Solving HR's Midlife Crisis: Using Human Skills to Lead Change

Aaron Crews is quoted regarding technology’s role in HR. 

HR Dive

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Good Data Is The Foundation For Data-Driven People Management

Aaron Crews authored this article on how planning can help HR leverage big data and analytics to improve hiring, training and retention.

HR Technologist

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The Future of Knowledge Management in Law Firms - The Answer is Out There

Scott Rechtschaffen authored this article on the future of knowledge management in law firms.

CIO Review

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Enhancing the “Human” in “Human Resources” – How AI Can Unlock Talent and Eliminate Bias

In this podcast, Aaron Crews, Littler’s Chief Data Analytics Officer, discusses potential uses for AI in supporting HR decisionmaking with Athena Karp, the CEO and cofounder of HiredScore. They explore ways that technology – such as explainable algorithms – can serve employers by improving the effectiveness and transparency of processes for companies and other stakeholders, including candidates. They also address how organizations can structure, validate and verify their data and data training to prevent bias from sneaking into AI-driven analysis.
 




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Cross-Border Legal Perspectives: Comparing the UK and Germany's Approaches to Unfair Dismissal

Welcome to our new bi-monthly series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with these issues every day.

The first article in our series compares the new UK Government’s proposed changes to unfair dismissal protection with the law in Germany to see if there are any lessons that can be learned for UK employers from Continental Europe.

What’s to come in the UK?




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California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

  • California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the PAGA.
  • Class action manageability requirement cannot be superimposed onto PAGA claims.
  • The Court did not decide whether an employer may strike an unmanageable PAGA claim on the ground that the claim violates an employer’s due process rights.




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Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human Rights Tribunal




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Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes, and Clarifies AI Use in Employment Decisions

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases proceeding through state courts and agencies.

Longer Statute of Limitations Period




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As employers consider strategies for adapting the size of their workforces to meet changing business demands and technologies, what guidance should be top-of-mind?




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Littler Continues Run on Lateral Market with Kaiser Permanente Attorney in San Francisco

Melissa Cee and Erin Webber discuss hiring the sixth shareholder at Littler – Noah Garber – since July as part of Littler’s new talent strategy that the firm began developing last year. 

The Recorder

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San Francisco Mandates Paid Military Leave

Sebastian Chilco and Wendy Buckingham discuss a new San Francisco law that aims to increase income and employment security for private-sector employees when they perform military service.

SHRM Online

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Maneuvers to rake the salary of employees

Teresa Trigueros talks about formulas companies can use to balance wage increases, as long as they do not cross certain insurmountable limits or requirements that are conventionally or legally established.

El Pais

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Reverse Bullying: When Managers Feel Intimidated by Their Subordinates

Jeff Nowak discusses the problems that negative favoritism in a department can cause if it is not corrected.

SHRM Online

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Pittsburgh Ordinance Bans Tests for Many Prospective and Current Employees Who Use Medical Marijuana

On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it effective immediately.




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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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Managing Unfair Competition: Critical Practices for the Employer in Asia




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IMS Insights Podcast: Episode 24 - Helene Wasserman on The Impact of Mentors

Helene Wasserman shares her view on how mentorships can positively impact career paths.

The National Law Review

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Emergency Act Leaves Many Unanswered Questions

Law360.com

In this attorney-authored article, Steven Friedman of Littler's New York office and Ellen Sueda of Littler's San Francisco office discuss the ambiguities in the Emergency Economic Stabilization Act of 2008 and the changes that financial institutions must make to their current compensation practices in light of the current legislative language.




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Steven Friedman Explains Effects of Obama's Cap on Executive Salaries

"How Obama's Cap on Exec Salaries Could Cause as Many Problems as it Solves," The National Law Journal




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Littler Strengthens Employee Benefits Practice with Addition of Warren E. Fusfeld and Melissa B. Kurtzman to the Firm's Philadelphia Office

Philadelphia, PA/ March 20, 2009 -- Littler Mendelson (Littler), the nation's largest employment and labor law firm representing management, is pleased to announce the arrival of shareholders Warren E. Fusfeld and Melissa B. Kurtzman to the firm’s Philadelphia office, both formerly of WolfBlock LLP.




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Mandatory Shareholder Approval of Executive Compensation: SEC Releases Final Rules on "Say on Pay"

The recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") mandates, for publicly traded companies, shareholder advisory votes on compensation packages provided to top executives and on "golden parachute" packages payable in connection with corporate transactions.




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The Virginia Supreme Court on Damages, Equity Valuation, and the Significance of Delaware Corporations Law in the Termination and Removal of a Chairman and CEO

The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert qualifications required for the valuation of equity following the termination of the chairman and chief executive officer (CEO) ("executive") of a publicly-traded company, as well as the applicability of Delaware Corporations Law to related change in control (CIC) provisions. 

Background




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Heightened Standards and Bank Human Resources

A little more than a year ago, I wrote in this space about the "Heightened Standards" issued in 2014 by the Office of the Comptroller of the Currency for certain banks with $50 billion and more in assets.

It is essential for counsel and human resources executives advising banks to become familiar with these in more than a passing way.




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Election Talk Implicated in Mandatory Workplace Meeting Bans

Michael Lotito says captive audience meeting bans passed by more than half a dozen states are “intrusive” and “against fundamental First Amendment principles.”

Bloomberg Law

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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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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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Affirmative Action Program Verification Interface Approved by Office of Management and Budget

On August 31, 2021, the Office of Management and Budget (OMB) approved the Affirmative Action Program Verification Interface (AAVI) proposed by the Office of Federal Contract Compliance Programs (OFCCP) for the verification and upload of federal contractor affirmative action plans.




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White House Extends Deadline for Employers Covered by the Federal Contractor Vaccine Mandate to January 4

The White House on November 4 announced that the deadline for employers covered by the federal contractor vaccine requirement to comply with the vaccine mandate will be extended from December 8, 2021 to January 4, 2022.




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Europe and Canada Seek to Mandate Human Rights Due Diligence and Transparency Obligations on Companies and Their Global Partners

This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers. 




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Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

  • HRTO dismissed a volunteer’s claim that he experienced discrimination because of his sexual orientation, gender identity and gender expression when he was asked to remove 2SLGBTQ2 symbol from his name badge, because the organization’s Dress Code applied to all volunteers and to any and all alterations to name badges. 




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Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance?

Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Accessibility for Ontarians with Disabilities Act, 2005, the Pay Equity Act, and the Smoke-Free Ontario Act, 2017.  To make this information conveniently available, the Littler Toronto office assembled these requirements in a single publication. 




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Ontario: Requirements for Mandatory Policies, Training and Postings

Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Accessibility for Ontarians with Disabilities Act, 2005, the Pay Equity Act, and the Smoke-Free Ontario Act, 2017.  To make this information conveniently available, the Littler Toronto office assembled these requirements in a single publication. 




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Ontario, Canada: Requirements for Mandatory Policies, Training and Postings

Employers subject to provincial legislation (i.e., not federal employers) that have employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training, postings, and information sheets under the Employment Standards Act, 2000, the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Accessibility for Ontarians with Disabilities Act, 2005, the Pay Equity Act, the Smoke-Free Ontario Act, 2017, the Working for Workers Act, 2021, a




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Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

Updated March 24, 2023: The CFPB has edited its updated Summary of Rights document to include the correct contact number. 

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Treasury Department’s Greenbook Discusses Tax Treatment of On-Demand Pay

The U.S. Department of the Treasury has released a document to explain the revenue proposals included in President Biden’s FY 2023 proposed Budget.




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Robert F. Millman

Robert F. Millman has been representing employers in collective bargaining and regulatory
proceedings with unions for 46 years. Daily Journal talks about a few of his big wins.

Daily Journal

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