As previously discussed, in March the European Parliament approved the EU Artificial Intelligence Act (the “Act”), creating the world’s first comprehensive set of rules for artificial intelligence. On July 12, 2024, the Act was published in the European Union Official Journal, which is the final step in the EU legislative process.

Michael Lotito says OLMS’s exploration of ‘split income reporting’ should begin with a review of the SCOTUS decision reversing Chevron.

Bloomberg Law

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Stefan Marculewicz weighs in on the possibility of the US government implementing supply chain restrictions amid claims of forced labor in Xinjiang, despite the opposition of the business world. 

Global Times

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Barry Hartstein discusses the findings of Littler’s Delta Variant Update report and what they reveal about employers’ current thinking surrounding vaccine mandates.

Corporate Counsel

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Karolina Schiffter discusses whether Ukrainian citizens who claim refugee status can work in Poland.

Gazeta Prawna

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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.

On Wednesday, April 24, 2024, the EU member states in the EU Parliament voted in favor of the European Supply Chain Directive (Corporate Sustainability Due Diligence Directive – CSDDD). This is one of the final steps in a long legislative process. The vote had been delayed several times at the beginning of the year because some EU member states—including Germany—had announced that they would vote against the directive. The planned liability regime of the directive was a particular point of contention.

Content and scope

Aaron Crews describes the various duties of legal technologists.

Legaltech News

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Mickey Chichester and Natalie Pierce examine how companies may turn to AI and robotics to mitigate disruption and some of the employment implications of such initiatives.

Supply Chain Toolbox

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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?

On November 30, 2023, the Colorado Court of Appeals in Tender Care v.

Jeff Nowak says this case will test when workers can take federal job-protected leave prior to a baby’s arrival and won’t drastically change life as we know it because employers are overwhelmingly supportive of their employees’ FMLA rights.

Bloomberg Law

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On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019 amendments”).  Since then, litigants in New Jersey have struggled with the effect those amendments have had on their lawsuits.  One of the main points of confusion centered around whether the 2019 amendments applied retroactively to violations prior to August 6, 2019, or whether the changes applied prospectively only.  A significant conflict developed between federal and

In Pham v.

On November 25, 2023, O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT made under the Employment Standards Act, 2000 (ESA) (Regulation), amending O. Reg.

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

The U.S. Supreme Court declined to review the Second Circuit’s decision in Laurent v. PricewaterhouseCoopers LLP, which held that retirees could receive money damages in the form of recalculated benefits in a class action over how the company’s cash balance pension plan calculated lump-sum benefits.

A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations. The decision also serves as a reminder for plan administrators to review their claims review procedures to ensure compliance with the current requirements for a “full and fair review” benefits appeal process.

The Claims Review Regulations

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

In continued celebration of AAPI Heritage Month, Littler's Jennifer Maguire, Sarah Sorensen, and Daniel Kim discuss how their individual experiences in the U.S. Military – as a JAG officer, a military spouse, and an officer – shaped them as leaders, ultimately leading to careers in labor and employment law.
  

On September 10, 2024, the Puerto Rico Secretary of Labor issued an Opinion (No. 2024-02) to clarify and provide additional information about the application of Act No. 27-2024, known as the "Act to Facilitate the Implementation of Remote Work in the Private Sector and to Incentivize the Establishment of Airline Bases in Puerto Rico.” Act No. 27-2024 exempts from certain employment law coverage domiciled and non-domiciled employees working remotely from Puerto Rico for out-of-state employers with no business nexus to Puerto Rico, and certain unionized airline employees.  

On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees stemming from an earlier opinion.

Jeff Nowak says it is better for companies to add flexibility to employees’ existing leave, rather than create standalone categories and risk creating an atmosphere of exclusion for some employees with different life situations.

SHRM Online

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Jeff Nowak says it may be better for companies to add flexibility to existing leave of absence and disability accommodations for employees, rather than create standalone categories.

SHRM

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(March 22, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce new leadership for its ‘Ohana and Reunión affinity groups. Additionally, the firm’s Diversity & Inclusion (D&I) Council added six new members.

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

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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.

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

Financial services firms regulated in the UK by both the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have long caused confusion, particularly in international financial services groups, with their complex regulatory pay structures and infamous bonus cap.

Johane Severin discusses the growing practice of “stay-or-pay” contracts, which some argue force workers to pay if they resign ahead of a stipulated date.

International Employment Lawyer

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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.

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

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.

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.

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.

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.

Michael Lotito says the Supreme Court’s decision to curb the SEC’s in-house courts may result in challenges for state labor agencies that use a similarly modeled in-house enforcement and appeals process.

Bloomberg Law

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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