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Celebrating Disability Pride Month: Image of Inclusion – Advocating for Inclusive Visual Representation

Littler’s Anna Curry Gualano is joined by her father, Ashley Curry, to discuss their advocacy work in Alabama to update the traditional accessibility symbol to one that is more inclusive and empowering.
  




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Texas Court Sets Aside the FTC’s Non-Compete Rule with Nationwide Effect

Employers that rely on non-compete agreements to protect their trade secrets and other legitimate business interests got some welcome news on August 20.




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New York Enacts Law Requiring Retail Employers to Implement Workplace Violence Prevention Training and Policies and Provide Panic Buttons

New York Governor Kathy Hochul signed a bill on September 4, 2024 that requires retail employers to develop and implement workplace violence prevention training and policies, among other measures.  The law becomes effective 180 days after her signature, or March 3, 2025.




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Maryland WARN Act Does Not Provide a Private Right of Action to Workers Terminated in Violation of the Law

On August 26, 2024, the U.S. District Court for the District of Maryland decided in Teamsters Local Union No. 355 v. Total Distribution Services, Inc., that the Maryland Economic Stabilization Act (“Maryland WARN Act” or “Act”) does not provide individuals with the right to file suit in their personal capacity to enforce a legal claim under the Act. The Maryland WARN Act still may be enforced by the Maryland Department of Labor.  The Act is based, in part, on its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act, with important differences. 




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Supreme Court's ruling on workplace sexual harassment provides clarification

Ole Kristian Olsby and Nina Elisabeth Thjømøe clarify how to actively prevent sexual harassment and unwanted attention in the workplace through a recent Supreme Court ruling.

International Law Office (ILO)

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Littler’s William Ng Named President-Elect of the Asian American Bar Association of New York

LONG ISLAND, N.Y. (February 25, 2021) – William Ng, a shareholder in the Long Island office of Littler, the world’s largest employment and labor law practice representing management, has been named president-elect of the Asian American Bar Association of New York (AABANY) effective April 1, 2021.




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Littler Names Jeremy Hawpe as Pride Affinity Group Co-Chair

(June 3, 2021) – Littler, the world’s largest employment and labor law practice representing management, has selected Shareholder Jeremy Hawpe (Dallas) as co-chair of its Pride affinity group, joining Shareholder Lauren Schwartzreich (Denver), and succeeding Shareholder Darren Gibson (Austin) who is stepping down to focus on his growing and active practice.




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Ontario, Canada: Appellate Court Decides Employee Rights to Shares on Termination Governed by Shareholders’ Agreement

Update 2: On March 12, 2021, in Mikelsteins v.




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Reopening and Rehiring During the COVID-19 Pandemic – Critical Employee Benefits and Executive Compensation Considerations

As many employers are on the way to normalizing their business practices and re-engaging their employees, they should not overlook the many potential pitfalls in the administration of their retirement, health and welfare plans and their executive compensation arrangements. The risks of missteps are high, and include loss of tax-qualification of retirement plans, penalty taxes in connection with the Affordable Care Act’s (ACA) employer mandate rules, other IRS penalties, employee lawsuits and Department of Labor enforcement actions.




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Littler Ranked in Chambers USA Guide 2021

(May 27, 2021) – Littler, the world’s largest employment and labor law practice representing management, has once again been recognized by Chambers and Partners in its Chambers USA 2021 guide.

In addition to the firm’s overall Band 2 ranking for labor and employment law, Chambers USA named 68 Littler attorneys as leaders in the field, as well as 47 regional offices, with the Alabama, Georgia, Minnesota, New York, Tennessee and Texas offices earning a Band 1 designation.

The Littler attorneys ranked in the labor and employment practice area include:




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Is it a good idea to link DE&I objectives to executive compensation?




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Employment Law And Geopolitics: Key Considerations For The C-Suite

Stephan Swinkels and Michael Lotito discuss the intersection of employment and geopolitics and offer key considerations for the C-suite of global companies. 

Chief Executive

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New Executive Action to Provide Protections for Certain Noncitizen Spouses

The Department of Homeland Security (DHS) announced that the agency will establish a new process to consider, on a case-by-case basis, requests from eligible noncitizen spouses of U.S. citizens for parole-in-place status.  Parole-in-place allows noncitizens who entered the United States without the authorization of an immigration officer to remain in the United States for a certain period.  If paroled, eligible noncitizen spouses will be able to apply for permanent residence without having to leave the United States to be processed for an Immigrant Visa at a U.S.




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The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions

Alexander Thomas MacDonald explains how, through a century of trial and error, labor law has been wildly successful in giving us the most peaceful labor market in history. 

The Federalist Society

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How Union Tactics Sideline Businesses and Workers

Alex MacDonald discusses how a new study reveals how some union practices prioritize maintaining their political influence over delivering benefits.

U.S. Chamber of Commerce

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Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't)

Alexander T. MacDonald says predistributional labor policies do none of the things they’re supposed to do and, in fact, amplify the problems they’re supposed to solve.

The Federalist Society

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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 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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The Biden Labor Agenda: What Lies Ahead




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Guide to Federal Contractor Obligations under Recent COVID-19 Executive Orders

Update: The vaccination deadline for covered federal contractors has been extended until January 18, 2022.

The federal government’s complicated multi-pronged approach to implementing COVID-19 safeguards related to federal contractors has left many confused.  We offer this brief guide to help contractors understand their obligations and the timelines for implementation.




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OFCCP Identifies 400 Supply & Service Contractor Establishments to be Audited Beginning in June

On May 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2022 Corporate Scheduling Announcement List (CSAL) for supply and service contractors. OFCCP has stated that it will immediately begin to send out scheduling letters to some of the contractors on the new list.  This is a change from the past when OFCCP would wait at least 45 days from publication of the list before beginning audits.  See U.S.




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OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential information that is protected from disclosure pursuant to a statutory exemption.




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OFCCP Identifies 500 Compliance Evaluations for Supply & Service Contractors

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2023 Corporate Scheduling Announcement List (CSAL) for supply and service contractors. The CSAL includes 452 establishment reviews, 24 Corporate Management Compliance Evaluation reviews, and 24 Functional Affirmative Action Program (FAAP) reviews.




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OFCCP Provides Employers with Five Business Days to Submit Objections to the Disclosure of Confidential Data

OFCCP issued yet another notice today regarding its handling of a FOIA request for production of all federal contractors’ EEO-1 Type 2 data from 2016 through 2020.

The request keeps in place a February 17, 2023, deadline for submitting objections, but expands the grounds upon which employers may object, but only if the contractor includes an explanation as to why it did not object “in response to previous notices that we have issued, and why there is good cause for us to accept the objection at this point.”




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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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OFCCP Identifies 250 Federal and Federally Assisted Construction Contractors for Compliance Reviews

On June 5, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2023 Construction Corporate Scheduling Announcement List (CSAL). The CSAL includes 250 employers that OFCCP has identified as federal or federally assisted construction contractors.




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OFCCP Identifies 500 Compliance Evaluations for Supply & Service Contractors

On June 7, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2024 Corporate Scheduling Announcement List (CSAL) for Supply and Service Contractors. The CSAL is a courtesy notification, and the review will start once the establishment receives OFCCP’s Office of Management and Budget (OMB) approved scheduling letter.




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Judge Issues Nationwide Injunction on FTC Noncompete Final Rule

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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Maryland WARN Act does not Provide a Private Right of Action to Workers Terminated in Violation of the Law

Kerry Notestine, Chad Kaldor, Shawn Matthew Clark and Garrick Josephs discuss a court’s decision that the Maryland WARN Act does not give individuals the right to file suit in their personal capacity to enforce a legal claim under the Act.

Wolters Kluwer

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Massachusetts Considers Incentivizing the Four-Day Workweek

Stephen T. Melnick talks about a new bill that proposes to give a tax credit to businesses in Massachusetts that join a pilot program to explore the possible benefits of a shorter workweek.

WorldatWork

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Supreme Court Will Decide if Former Employees Can Sue Over Post-Employment Benefits

Ellen Donovan McCann says post-employment benefits are often the first to be amended when businesses experience budget challenges, but employers may have to take more care in changing them if SCOTUS decides that former employees can sue over those benefits.

SHRM

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Biden's DOL Pick Walsh In The Hot Seat: What To Watch For

Michael Lotito shares his predictions for workplace training and labor management under Marty Walsh’s leadership.

Law360

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Election Impact: Upcoming Policies to Consider




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How to Identify Forced Labor in Supply Chains

Donald Dowling says abusive labor practices are a huge problem around the world, and often the smaller local manufacturers, miners and growers within countries that are committing labor abuses are bigger problems than the multinational firms.

SHRM Online

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The New Normal: Continuing Considerations of Hybrid and Remote Work




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The Global Guide Quarterly (Quarter 3, 2024)

The Global Guide Quarterly (GGQ) is a newsletter published by Littler on a quarterly basis to provide high-level and concise coverage of global labor and employment (L&E) law developments in key countries across the Americas, the Asia-Pacific (APAC) region, and Europe, the Middle East, and Africa (EMEA).




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Bracing for Impact if California Voters Approve Statewide Minimum Wage Increase

At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation.




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NLRB General Counsel Explains What Remedies She Wants for Non-Competes She Considers Illegal and Promises Crack-Down on “Stay-or-Pay” Agreements

  • NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA.
  • The Memorandum also alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.




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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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The Impact of the Presidential Election on Artificial Intelligence Regulations in the Workplace

As artificial intelligence (AI) continues to transform the workplace, lawmakers and agencies are grappling with how to regulate its use in employment settings, from hiring practices to employee monitoring. The next administration’s approach to AI regulation will help shape the balance between innovation and worker protection, with each political party offering distinct views on the role of government oversight. A shift in power could lead to changes in how the U.S. Department of Labor (DOL), the U.S.




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COVID-19: The New Normal – International Guide Supplement

Due to the effects of the COVID-19 pandemic, governments across the world have implemented various measures to slow the spread of the virus, protect workers’ health and safety, and assist employers to recover from the economic crisis, among other programs.




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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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EMEA: COVID-19 Follow-up Vaccination Guide – Vaccination Incentive

While the national vaccination campaigns have made considerable progress lately, there are still many people who have not yet been vaccinated, some of whom are hesitant to receive the vaccine at all. At the same time, discussions emerge whether and when a follow-up vaccination of already vaccinated people might be required.




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EU Working Conditions Directive: Local Implementation At-A-Glance Guide

Three years have already passed since the European Union agreed upon Directive 2019/1152 of June 20, 2019, addressing transparent and predictable working conditions in the EU in the area of civil law (Working Conditions Directive).