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Veterans Day 2022: Stories from Military Family Members

Emily Haigh, U.S. Army veteran and co-chair of Litter's Veterans Affinity Group, speaks with Littler attorneys William Anthony, Tracy Leidner, and Emily Arnett, who each have a family member currently serving in active duty.
  




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Celebrating AAPI Heritage Month: Sharing Stories of Leadership Through Opportunities in the U.S. Military

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.
  




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Celebrating Black History Month: From Litigation to Literature

As February comes to a close, we end our celebration of Black History Month with a podcast featuring Littler attorneys and authors in honor of this year’s theme “African Americans and the Arts.” Littler attorney Karimah Lamar, has a thought-provoking conversation with fellow Littler attorneys Michael Wilder and Tiffany Obeng, who share their journey to becoming published authors and the influence it has had on their careers.
 




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National Day for Truth and Reconciliation (September 30): What Is it and Where in Canada Is it Observed as a Statutory Holiday?

What is it?

The Truth and Reconciliation Commission of Canada (TRC) was established in 2008 to document the history and legacy of residential schools, which were operated between the late 1800s and the late 1990s by the federal government and Christian churches as part of a federal policy to assimilate Indigenous peoples into Canadian society.




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Longtime Littler Litigator Becomes Its First Diversity Chief

Paul Bateman and Erin Webber share how Bateman’s new role will encourage Littler’s social justice initiatives.

Law360

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Historic ruling on compensation for gender discrimination

Ole Kristian Olsby and Nina Elisabeth Thjømøe explain Norway’s new Anti-discrimination Tribunal.

International Law Office (ILO)

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Conversations with Women: The Mentor-Mentee Relationship

Jeanine Conley Daves hosts a conversation between Tom Bender and Shin-I Lowe. They discuss the importance of mentorship, what a successful mentorship relationship looks like, and how male mentor influences are equally important to women.
  




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Three Littler Attorneys Named to the National Black Lawyers Top Lists

(March 17, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that Shareholder Theodora Lee (San Francisco) has been selected for the National Black Lawyers (NBL) “Top 100” for California. Additionally, associates Ashley Thomas (Houston) and Adama Wiltshire (Philadelphia) have been named to the NBL “Top 40 Under 40” for Texas and Pennsylvania, respectively.




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Littler Attorneys Selected for Diversity Leadership Programs

(March 23, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that several of its attorneys have been selected for the 2021 Leadership Council on Legal Diversity (LCLD) Fellows and Pathfinders programs and the National Employment Law Council (NELC) Academy.




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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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What are you? A Conversation with Littler’s “Other” Attorneys

In support of AAPI Heritage Month, this podcast features Danielle Herring (Houston), Emilie Hammerstein (Pittsburgh) and Alan Sims (Downtown Los Angeles) as they explore their biracial identity and how that shapes the way they practice law.
  




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What is your name? A Conversation with Littler’s Immigrant Attorneys

In continued celebration of AAPI Heritage Month, Eddie Chyun (Cleveland), Lavanga Wijekoon (Chicago) and Aki Tanaka (Boston) share their stories of moving to the U.S., assimilating and adding to the American culture, and how their worldview, experiences, and background prepared them to practice law.
  




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The History and Importance of Juneteenth

Littler's Chief Inclusion, Equity and Diversity Officer Paul Bateman leads a conversation with Shareholders Dionysia Johnson-Massie (Atlanta), LaToi Mayo (Lexington), Lindbergh Porter (San Francisco), and Charles Wilson (Houston) as they discuss the trail to Juneteenth, its importance and how various acts impacted slavery in the U.S.
  




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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 Coming Regulatory Avalanche: Engineering Practical Employment and Labor Law Compliance Solutions

The focus of this 2011 Littler Report is to provide employers with information to prepare and plan for regulations recently passed and those currently making their way through the agency rulemaking process. Part One of this Littler Report will set the stage and define the challenge employers will face in the coming years as the Obama Administration enters the second half of its term.




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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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Regulatory Roundup – Key Developments in UK Financial Services

In this article, we share a round-up of the key developments from a regulatory perspective for HR Professionals in UK financial services firms. This covers expected changes to the SMCR regime, regulatory remuneration requirements and whistleblowing framework. We also look at the increasing focus of the regulator on culture and conduct within financial services firms in the wake of recent sexual harassment allegations within a UK asset manager. 

SMCR




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Supreme Court Determines When the U.S. Government May Dismiss an FCA Action Over a Relator’s Objection

  • According to the Supreme Court, in False Claims Act “qui tam” suits, the federal government can move for dismissal of a case over the relator’s objection even outside of the “seal period.”
  • A key factor considered for government dismissal post-seal period may include burdensome discovery, which means employers facing qui tam actions should strategically consider this and other pressure points in the course of litigation.




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SCOTUS: Retaliatory Intent Not an Element of SOX Retaliation Claim

  • Supreme Court decision clarifies framework for whistleblowers filing claims under the Sarbanes-Oxley Act.
  • Plaintiffs need to prove only that their whistleblower activity was a contributing factor in their termination, but still must ultimately show causation.





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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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The Safer Federal Workforce Task Force Publishes Additional Federal Contractor and Subcontractor Guidance

On September 9, 2021, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“Order”), which directed the executive agencies to begin amending federal contracts to require federal contractors to take specific actions to combat COVID-19 and to, in turn, require covered subcontractors to take the same actions (the federal contractor COVID-19 workplace




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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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Down the Rabbit Hole: A Trip through the OFCCP’s New Contractor Portal

It was all very well to say ‘Drink me,’ but the wise little Alice was not going to do that in a hurry. ‘No, I’ll look first,’ she said, ‘and see whether it’s marked “poison” or not’; for […] she had never forgotten that, if you drink much from a bottle marked ‘poison,’ it is almost certain to disagree with you, sooner or later.

                                           —Lewis Carroll, Alice in Wonderland, Chapter 1, Down the Rabbit Hole




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OFCCP’s First Webinar on its New Contractor Portal Leaves Most Questions Unanswered

On February 1, 2022, the Office of Federal Contract Compliance Programs (OFCCP) presented a webinar on its new contractor portal through which covered contractors are being asked to certify whether they are meeting their requirement to develop and maintain annual affirmative action programs.




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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 Revises Compensation Analysis Directive But Leaves Questions About Documentation Created Under Attorney-Client Privilege

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised version of its Directive 2022-01 - Advancing Pay Equity Through Compensation Analysis, which was originally issued on March 15, 2022.




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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 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 Preparing to Scrutinize Federal Contractors’ Use of AI Hiring Tools and Other Technology-based Selection Procedures

On August 24, 2023, the Office of Management and Budget approved a request from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to revise the “Itemized Listing” that OFCCP uses to collect information from federal contractors that are selected for supply or service audits. Among the changes that have been approved is a new requirement that audited 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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Regulatory Compliance in a Post-Chevron World: Fasten Your Seatbelts

Alex MacDonald says the Supreme Court’s decision to overturn Chevron will likely impact regulatory bodies and the employers they oversee.

Corporate Compliance Insights

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Expert Insights – Minnesota Now Recognizes Claims for Negligent Selection of Independent Contractors

Ben Sandahl discusses a Minnesota case that raises several issues for companies working with independent contractors.

Westlaw Today

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Are Non-compete Agreements Dead? A Discussion with Attorney Shawn Matthew Clark

Shawn Matthew Clark discusses the basics of noncompetes and what employers need to consider regarding noncompetes, as well as why the FTC wants to ban them and how recent SCOTUS decisions may affect the FTC’s rule.

New York County Lawyers Association

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Salary History Ban Coming to Federal Employers and Contractors

Joy Rosenquist talks about the impact of an executive order banning the use of salary history in hiring by federal agencies and contractors.

WorldatWork

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Statutory paternity pay uptake falls amid financial pressures, stats show

Mark Callaghan says the new UK government should increase Statutory Paternity Pay “in excess of inflation,” because it would benefit businesses and families alike.

People Management

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Oregon Employment Law Update: Legislators Debate Big New Changes




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FCA and PRA proposals for more intensive monitoring and public reporting of diversity are ground breaking

Natasha Adom discusses proposals from the FCA, PRA and Bank of England that would require financial services firms to provide more detailed monitoring and report of diversity and inclusion. 

IFA Magazine

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When Does Tough Talk Rise to an Ethical Violation or Even Extortion?




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What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?




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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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Atlanta Amends Anti-Discrimination Ordinance to Include Protections for Gender Expression and Criminal Histories

The City Council of Atlanta, Georgia recently passed an ordinance that amends its existing anti-discrimination law to include protection on the basis of “criminal history status” as well as “gender expression.”  The ordinance is effective immediately.

With regard to gender expression, the law simply amends existing law to include “gender expression” as an additional protected characteristic.




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Atlanta Amends Anti-Discrimination Ordinance to Include Protections for Gender Expression and Criminal Histories

Rachel P. Kaercher, Wendy Buckingham and William J. Simmons examine a new ordinance passed by the Atlanta City Council that amends its existing anti-discrimination law to include protections on the basis of criminal history status and gender expression.

SHRM Online

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Gainesville First City in Florida to Pass Fair Chance Hiring Law Restricting Private Employers’ Use of Criminal History

  • The city of Gainesville has passed a Fair Chance Hiring law governing an employer’s use and consideration of a job applicant’s criminal history in making employment decisions.
  • In light of these changes, covered employers with operations in Gainesville that use criminal records to vet candidates should consider a privileged review of their policies, procedures, and other documents related to the screening process.




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The Bar Has Been Lowered – Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories

  • FY 2023 National Defense Authorization Act loosens restrictions on hiring those with criminal records at FDIC-member banks and NCUA-insured credit unions.
  • Sections 19 of the Federal Deposit Insurance Act and 205(d) of the Federal Credit Union Act should no longer be relied upon as a basis to automatically disqualify applicants convicted of certain offenses.




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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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California Seeks to Ban Criminal Background Checks for Most Private Sector Employers

  • Lawmakers in Sacramento seek to outright ban criminal background checks by most private sector employers in California in a bill that would scrap California’s existing fair chance law and replace it with the most restrictive fair chance law in the United States.
  • While the sweeping bill’s future is uncertain, employers should be mindful of the bill’s progress given the drastic impact even a narrower version of the bill would have if enacted into law.




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California Bill Would Limit Use of Criminal History Information

Rod Fliegel discusses California’s proposed Fair Chance Act of 2023, which would further restrict how employers can use information about the criminal histories of job seekers and employees, and offers tips for complying with the current Fair Chance Act.

SHRM Online

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