Author Info for Littler

Caroline Baker

Understanding Employment Terminations: A Comparative Analysis of the UK and Poland

Termination of employment contracts is a critical aspect of labor law in both the UK and Poland, ensuring that employers and employees alike are aware of their rights and obligations in the event of contract dissolution. While… more

Appeals, Dismissals, Employee Rights, Employees, Employment Contract

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Joshua Abromovitz

A Tipster’s Refuge: Colorado Significantly Expands Health, Safety, and Fraud Whistleblower Protections

As summer starts to sizzle in Colorado, and the Colorado General Assembly closes its session, employers have seen a flurry of new laws affecting Colorado employees. Among them are now expanded protections for whistleblowers… more

Colorado, Employer Liability Issues, Labor Reform, New Legislation, State Labor Laws

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Melissa Ackie

Texas Governor Signs Host of Bills Impacting Employment

Biennially, the Texas Legislature convenes from mid-January to June, to introduce, debate, and pass new laws impacting Texans across the state. Texas Governor Greg Abbott’s deadline to sign pending bills passed on June 22, 2025,… more

Artificial Intelligence, Employee Rights, Employer Responsibilities, Health Care Providers, Healthcare

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Marielos Acosta

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Shea Adam Miller

Massachusetts Enacts a New Pay Transparency Law

Massachusetts is the latest state to mandate salary transparency in job postings and disclosure of demographic and pay data to the government. On July 31, 2024, Governor Maura Healey signed into law the “Frances Perkins… more

Anti-Retaliation Provisions, Disclosure Requirements, EEO, Hiring & Firing, Job Ads

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Stacy Adams

The Explosion of Paid Sick Leave In New Jersey

The trend of municipalities in New Jersey enacting paid sick leave ordinances continues. Littler previously reported on the enactment of two such laws in Jersey City (effective January 24, 2014) and Newark (effective May 29,… more

Employer Mandates, New Legislation, Paid Leave, Sick Leave

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John Adams, Jr.

Littler Lightbulb – April Employment Appellate Roundup - May 2025

Fifth Circuit Affirms Judgment for Employer on Title IX and Title VII Retaliation Claims - In Lewis v. Board of Supervisors of LSU, __ F.4th __ (5th Cir. Apr. 8, 2025), a former employee of a university football department who… more

Appeals, Arbitration, Arbitration Agreements, Corporate Counsel, Employment Discrimination

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N. Brenda Adimora

Nearly 50 Years Later, the Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims

In its June 29, 2023, unanimous decision in Groff v. DeJoy, the United States Supreme Court upended nearly 50 years of precedent by “clarifying” the undue hardship standard in religious accommodation claims under Title VII of… more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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Daniella Adler

New York District Court Ruling May Provide Relief to Some Companies Facing Claims Over the Accessibility of Their Websites

A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA) that… more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Public Accommodation, Title III

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Natasha Adom

Trump Rolls Back DEI in the US – Should UK Employers Change Course?

Almost immediately after taking the presidential oath of office, President Trump sprang into action, signing multiple executive orders that address diversity, equity and inclusion (DEI) programs and policies. This included two… more

Affirmative Action, Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Employment Discrimination

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Roya Aghanori

Budget Expected to Raise New York’s Minimum Wage

New York Governor Kathy Hochul announced an agreement with legislative leaders for the FY2024 New York State Budget on April 27, 2023. Notably, the deal includes legislation that would increase the state minimum wage rate for… more

Employees, Employer Liability Issues, Labor Reform, Minimum Wage, New York

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Rafael Aguiló-Vélez

Deck the Halls and Pack the Malls: 10 Issues for Seasonal Employee Hiring

The holiday season is nearly upon us, and the shopping frenzy is about to commence. This annual phenomenon brings the hurried engagement of seasonal employees, with thousands of these retail elves helping manage the increased… more

Employment Eligibility Verification, Fair Labor Standards Act (FLSA), Form I-9, Hiring & Firing, Labor Regulations

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Janell Ahnert

Changes to Alabama Tax Laws Impose New Reporting Requirements on Employers

Three new rules will take effect this year that alter the overtime wages subject to Alabama withholding tax and employers’ requirements in reporting those newly exempt wages. On October 31, 2023, the Alabama Department of… more

Alabama, Employees, Employer Liability Issues, Over-Time, Regulatory Reform

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Thelma Akpan

The Pay Transparency Laws to Know in 2025 in the United States and Beyond

It was once considered impolite to discuss salary in the workplace. Now, thanks to shifting workplace standards and social media, open conversations about pay have become the norm worldwide. Employees frequently share their… more

Disclosure Requirements, Employment Policies, Enforcement Actions, Job Ads, Job Applicants

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José Alberto Núñez González

Puerto Rico: A Testing Dilemma in Returning to Work Scenarios and the Governor’s Most Recent Executive Order

In conclusion, employers have multiple CDC-approved approaches to choose from when determining their return-to-work protocols. Employers opting for the test-based strategy are protected under the ADA so long as it is carried out… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Health and Safety, Infectious Diseases

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Francisco Cerda Alemán

Littler Global Guide - Central America - Q2 2019

Costa Rica | Additional Provisions of the Tax Plan Enforceable as of July 1, 2019 - New Legislation Enacted - On July 1, 2019, additional provisions of Law No. 9635, commonly known as the “Fiscal Reform,” came into effect… more

Costa Rica, Economic Downturn, Expatriates, Financial Crisis, Foreign Workers

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Lori Alexander

Connecticut Limits Inquiries into Prospective Employees’ Ages

On June 24, 2021, Governor Lamont signed into law Public Act 21-69, which adds to Connecticut’s Fair Employment Practices Act an explicit ban on Connecticut employers inquiring into the ages of prospective employees “on an… more

Age Discrimination, Corporate Counsel, Disparate Impact, Employer Liability Issues, Hiring & Firing

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Neil Alexander

New Arizona Law Eases Restrictions for Obtaining Occupational Licenses for Those With Criminal Histories

Arizona Governor Doug Ducey recently signed House Bill 2067 into law amending Arizona Revised Statutes (A.R.S.) Section 13-905, to allow persons convicted of certain criminal offenses the opportunity to set aside a prior… more

Criminal Convictions, Criminal Records, Employer Liability Issues, Hiring & Firing, Labor Regulations

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Jenny Allan

UK Government Seeks to Extend Tribunal Claim Limitation Periods from 3 to 6 Months

The Employment Rights Bill, published on October 10, 2024, has been making its way through Parliament and is currently going through the Commons Committee Stage, where a detailed examination of its provisions has been taking… more

Employees, Employer Liability Issues, Employment Litigation, Employment Tribunals, International Labor Laws

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Doug Allen

Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens. In… more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Corporate Counsel, Department of Justice (DOJ)

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William Allen

Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the… more

Amazon Marketplace, Arbitration, Arbitration Agreements, Business Entities, Class Action

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Mikayla Almeida

States Continue to Limit Restrictive Covenants for Health Care Professionals

Following a trend in recent years, state legislatures continue to ban or curtail the use of non-compete provisions and other restrictive covenants in employment agreements with physicians and other healthcare providers. The… more

Health Care Providers, Healthcare, Healthcare Workers, Hospitals, New Legislation

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Anabel Rodríguez-Alonso

Puerto Rico Supreme Court Clarifies National Origin Discrimination

On January 14, 2025, the Supreme Court of Puerto Rico had the opportunity to address the “national origin” protected category under the anti-discrimination provisions of Puerto Rico Act No. 100 of June 30, 1959, as amended (“Act… more

Employment Discrimination, Employment Litigation, Green Cards, Immigrants, Immigration Procedures

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Saba Alvi

Key Recent Developments in Indian Employment Law Impacting Diversity in the Workplace

Four key recent developments in Indian employment law will impact diversity and inclusiveness policies of companies operating in India. The first is the enhancement of maternity leave benefits… more

Anti-Discrimination Policies, Corporate Counsel, Employee's Childcare, Employer Liability Issues, Equal Protection

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Elisabeth Ambrozaitis

Third Circuit Affirms NLRB’s Totality of the Evidence Test in Finding that a Single Employee’s Conduct Constituted Protected Concerted Activity

On June 23, 2025, in Miller Plastic Products Inc. v. National Labor Relations Board, the Third Circuit ruled that substantial evidence supported the Board’s determination that a single employee’s conduct was protected concerted… more

Appeals, Biden Administration, Employment Litigation, Loper Bright Enterprises v Raimondo, NLRA

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Syeeda Amin

Workforce Reductions and Statistics: A Primer and Recommendations

Workforce reductions, whether in the form of hours reductions, furloughs, or layoffs, are often a last resort for employers experiencing financial pressures. Nevertheless, when these actions are necessary, time typically is of… more

Furloughs, Hiring & Firing, Layoffs, OWBPA, Voluntary Reduction in Force

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J. Christopher Anderson

Tennessee’s Latest Guidance on COVID-19 Isolation and Quarantine

The Tennessee Department of Health has released guidelines on the length of isolation necessary for those who have contracted COVID-19 (referred to clinically in the guidance as “a Case”) and the length of quarantine for those… more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Public Health

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McKinley Anderson

COVID-19 Update for Georgia Employers

Over the past month, the state of Georgia has enacted several measures, largely affecting unemployment and business operations, in response to COVID-19. The following provides an update on these statewide developments… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues, Re-Opening Guidelines

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Sofija Anderson

Dear Littler: How Should We Approach an Employee Showing Signs of Cognitive Decline?

Dear Littler: We have an employee who is exhibiting signs of dementia or some other sort of cognitive impairment. He has fallen asleep at work a few times recently and seems confused by tasks that did not pose any problem for… more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Family and Medical Leave Act (FMLA), Mental Health

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Alison Andolena

New Jersey Issues a New Posting Concerning Worker Misclassification

Earlier this year, Governor Murphy signed a package of legislation aimed at tightening worker misclassification enforcement in New Jersey. One of these new measures, Assembly Bill 5843, established a new posting requirement for… more

Employee Definition, Employer Liability Issues, Gig Economy, Independent Contractors, Misclassification

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Detrachia André

New California Law Mandates Corporate Board Diversity

In the midst of national conversations surrounding racial equity and social justice, Governor Gavin Newsom signed AB 979 into law on September 30, 2020. AB 979 is a first-of-its-kind legislation requiring that no later than the… more

Board of Directors, Corporate Counsel, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I)

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Christian Angotti

School’s Out for the Summer: Ensuring Compliance when Employing Minors in Pennsylvania

As summer quickly approaches and businesses in Pennsylvania continue to seek applicants to fill vacancies in their workforce, employers are becoming more reliant on employees under the age of majority, or minors. Many employers,… more

Child Labor, Employer Liability Issues, Hiring & Firing, Job Applicants, Minors

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Gary Ankers

Michigan Legislature Passes Amendment to Elliott-Larsen Civil Rights Act to Protect LGBTQ Rights

On March 8, 2023, the Michigan House of Representatives passed a bill (S.B. 4) expanding the language of the Elliott-Larsen Civil Rights Act (ELCRA)’s protected categories to include sexual orientation and gender identity or… more

Gender Identity, LGBTQ, Sexual Orientation Discrimination, State Legislatures

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Lucy Anthony

Voters Approve Paid Sick Leave Changes in San Diego and San Francisco

After enduring years of drought, California employers find themselves in a phenomenon of equal concern: a cruel summer. In the span of one month, two new local paid sick leave laws were signed and amendments to two existing… more

Local Ordinance, Minimum Wage, Notice Requirements, Paid Leave, Paid Time Off (PTO)

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Paula Anthony

Connecticut Legislature Overrules State Supreme Court on Workers’ Compensation

Heeding outcry by employers, the Connecticut legislature has nullified the state Supreme Court’s interpretation of temporary partial disability provisions of the Workers’ Compensation Act… more

Compensation & Benefits, Connecticut, Employee Benefits, Employer Liability Issues, Judicial Authority

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William Anthony

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral argument… more

#MeToo, Appellate Courts, Corporate Liability, Employer Liability Issues, Employment Litigation

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Kwabena Appenteng

Automated Decisionmaking Technology, Risk Assessments, Cybersecurity and More: Implications of the Proposed CCPA Regulations for Employers

On November 22, 2024, the California Privacy Protection Agency (CPPA) formally proposed new regulations implementing the California Consumer Privacy Act (CCPA). Although the CCPA itself and previous CCPA regulations largely… more

Artificial Intelligence, Automation Systems, California, California Privacy Protection Agency (CPPA), Cybersecurity

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Gavin Appleby

The Continuing Stream of Website Accessibility Claims: A Trial Victory for a Plaintiff and a Dismissal for a Company

Over the past 18 months, the number of claims being filed over website accessibility has increased dramatically. Although courts continue to differ as to whether websites are places of public accommodation covered by Title III… more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, Grocery Stores, Public Accommodation

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Rebecca Aragon

The California Grizzly Elbows Uncle Sam: New California Immigration Requirements For Private Sector Employers

Partly in response to the inaction in Washington on immigration reform, the California Legislature, in the annual session concluded in mid-September, passed several bills which were signed by Governor Brown that either create or… more

Discrimination, Employer Liability Issues, Form I-9, Immigrants, Immigration Reform

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Maria Elisa Echenique-Arana

Puerto Rico Enacts Law Extending Maternity Leave to Mothers Adopting Children Ages Six and Older

On August 8, 2020, Puerto Rico Governor Hon. Wanda Vázquez Garced signed into law House Bill No. 2424 (“Bill No. 2424”), to amend the Puerto Rico Working Mothers Protection Act, otherwise known as Act 3 of March 13, 1942 (“Act… more

Adoption, Employee Rights, Labor Regulations, New Legislation, Parental Leave

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Daniela Arevalo

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Gabriela Arevalo

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Zoe Argento

EEOC Fact Sheet on Wearable Technologies Indicates Growing Concern Over Employee Monitoring

On December 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its new fact sheet, “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws,” which provides… more

Americans with Disabilities Act (ADA), Artificial Intelligence, Data Collection, Employee Monitoring, Employee Privacy Rights

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Marco Esteban Arias

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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María Paula Aristizabal

Littler Global Guide - Colombia - Q3 2019

Pursuant to Decree 1562 of 2019, employees can withdraw unemployment aid savings from the government fund. Historically, this option was available only for housing and educational purposes… more

Colombia, Conflict Resolution, Disability Discrimination, Hiring & Firing, International Labor Laws

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Tania Terrazas Arnaldo

México: Se emite declaratoria de emergencia sanitaria y acciones extraordinarias en virtud del COVID-19

El 30 de marzo de 2020, el Consejo de Salubridad General de México declaró emergencia sanitaria debido a la epidemia generada por el coronavirus (“COVID-19”). El 31 de marzo, la Secretaría de Salud publicó en la edición… more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Mexico, Operators of Essential Services

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Emily Arnett

An Unemployment Insurance Roadmap for New York Employers

During the current COVID-19 crisis, over one million New Yorkers have applied for unemployment insurance (UI) and New York State has paid out over $7 billion in benefits. Despite these numbers, many employers do not understand… more

CARES Act, Coronavirus/COVID-19, Federal Pandemic Unemployment Compensation (FPUC), Pandemic Unemployment Assistance (PUA), Unemployment Benefits

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Julia Arnold

Hit the Pause Button: The Implications of Recording in the Workplace

Workplace recordings have made headlines in recent weeks. For example, Omarosa Manigault-Newman publicly played a recording of a meeting with her then-boss, White House Chief of Staff John Kelly, to bolster her claim that he… more

All-Party Consent, Audio Recording, Employer Liability Issues, Employment Policies, NLRA

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Maggy Athanasious

California Court Rules Teacher Tenure Statutes Unconstitutional

On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures… more

Department of Education, Hiring & Firing, Public Schools, Seniority, Teachers

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Jay Athey

States Continue to Limit Restrictive Covenants for Health Care Professionals

Following a trend in recent years, state legislatures continue to ban or curtail the use of non-compete provisions and other restrictive covenants in employment agreements with physicians and other healthcare providers. The… more

Health Care Providers, Healthcare, Healthcare Workers, Hospitals, New Legislation

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Alejandra Balderas Atilano

México: Incremento al valor de la Unidad de Medida y Actualización (UMA) para el 2020

El 9 de enero de 2020, el Instituto Nacional de Estadística y Geografía (INEGI) publicó los nuevos valores para la Unidad de Medida y Actualización (en adelante “UMA”) que entrará en vigor el 1 de febrero de 2020, de acuerdo a… more

Employee Benefits, Employment Contract, International Labor Laws, Labor Regulations, Mexico

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Milosz Awedyk

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Matthew Badrov

Canada: Ontario Government Introduces Significant Changes to Key Workplace Legislation

On May 28, 2025, the Ontario Government introduced the Working for Workers Seven Act, 2025 (Bill 30). If passed, Bill 30 will amend the Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA), and… more

Canada, Employees, Employer Liability Issues, Employment Policies, Employment Standards Act

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Melani Baines

UK: New ACAS Guidance on Reasonable Adjustments for Mental Health

The Advisory, Conciliation and Arbitration Service (ACAS) recently published new non-statutory guidance, which can be accessed here, to support UK employers and employees when handling reasonable adjustments for mental health at… more

Employees, Employer Liability Issues, Flexible Work Arrangements, International Labor Laws, Mental Health

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Neil Baker

Annual Report On EEOC Developments - Fiscal Year 2021

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC Developments—Fiscal… more

Annual Reports, Corporate Counsel, Diversity, EEO-1, Employer Liability Issues

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Brooke Baledge

11th Circuit Finds Race and Gender-Based Grant Program Likely Unlawful

On June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit granted a preliminary injunction prohibiting a venture capital fund from awarding grants based on race and gender. In reversal of the district court, the… more

Civil Rights Act, Diversity, First Amendment, Grants, Minority-Owned Businesses

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William Balke

Michigan Civil Rights Poster Has Been Updated

The Michigan Department of Civil Rights has updated a poster that employers must post at their Michigan work sites. The poster—Michigan Law Prohibits Discrimination—is a required posting under the Michigan Elliott Larsen Civil… more

Civil Rights Act, Discrimination, Employer Liability Issues, Posting Requirements, Reasonable Accommodation

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Ethan Balsam

District of Columbia Mayor Signs Law Restricting Employers from Using Credit Information in Employment Decisions

On February 15, 2017, District of Columbia Mayor Muriel Bowser signed a bill prohibiting, with limited exceptions, employers’ use of or obtaining a job applicant's or employee's credit information for employment purposes. D.C… more

Corporate Counsel, Credit Checks, Employee Credit Checks, Employer Liability Issues, Hiring & Firing

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Nikki Banwait

Canada: Ontario Government Introduces Significant Changes to Key Workplace Legislation

On May 28, 2025, the Ontario Government introduced the Working for Workers Seven Act, 2025 (Bill 30). If passed, Bill 30 will amend the Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA), and… more

Canada, Employees, Employer Liability Issues, Employment Policies, Employment Standards Act

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Oren Barbalat

Ontario, Canada Appeal Court Dismisses Employer’s Appeal of $1.8 Million Damage Award to Retired VP

In Boyer v. Callidus Capital Corporation, 2025 ONCA 79, the Court of Appeal for Ontario (OCA) dismissed the employer’s appeal of the motion judge’s order in Boyer v. Callidus, 2024 ONSC 20, discussed in detail here. The motion… more

Appeals, Breach of Contract, Canada, Damages, Dismissals

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Elizabeth Barrera

Avoiding Workplace Violence: How Businesses Should React if Customers Become Violent When Asked to Wear a Mask

As businesses begin to reopen at varying rates and capacities, subject to state and federal containment measures, companies will be faced with the challenge of complying with safety standards while accommodating customers and… more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Personal Protective Equipment, Re-Opening Guidelines

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Estee Bartell

Three Proposed Regulations That Should Be on the Hospitality Industry's Radar

The U.S. Department of Labor (“DOL”) has issued three sets of proposed regulations that significantly impact the Hospitality industry… more

Comment Period, Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Maury Baskin

Policy Week in Review – July 2025 #1

“Big Beautiful” Reconciliation Bill Pending Final Passage in the House Earlier this week, the U.S. Senate passed the reconciliation bill by a narrow vote of 51-50, with Vice President JD Vance casting the tie-breaking vote… more

Budget Reconciliation, Department of Labor (DOL), Executive Orders, Federal Labor Laws, Job Creation

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Vincent Bates

Dear Littler: What are the tax implications of office gift-giving and donation matching?

Dear Littler, We’d like to provide gifts to our staff for the holidays but are unsure which types of gifts would trigger tax obligations for our employees. We’d also like to offer donation matching for our employees’… more

Charitable Donations, Employer Liability Issues, Holiday Gifts, Holidays, Internal Revenue Code (IRC)

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John Bauer

Suffolk County Set to Become the Fourth New York Jurisdiction to Ban Salary History Inquiries

Suffolk County, New York has passed a law making it unlawful for employers and employment agencies with four or more employees to inquire about a job applicant’s salary history or otherwise to rely on such information in setting… more

Employer Liability Issues, Employment Discrimination, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing

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Stephen Baumann II

A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating NLRA Section 7-Like Rights and Remedies

On February 26, 2024, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (the “Division”) adopted final rules for the Protections for Public Workers Act (PROPWA). As previously discussed,… more

Collective Bargaining, Colorado, Employees, NLRA, Protected Concerted Activity

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Maya Beauville

European Elections Shakedown: Impact of the Dissolution of the French National Assembly on Employment Law

“The heaviest consequences in the history of the Fifth Republic”—this is how French Finance Minister, Bruno Le Maire, described the early elections planned after French President Emmanuel Macron’s decision to dissolve the… more

Employees, Employer Liability Issues, EU, France, International Labor Laws

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Ian Beck

Denying The Existence of a Bargaining Impasse Doesn’t Make It True, at Least Not in the D.C. Circuit

On June 13, 2025, the D.C. Circuit refused to enforce an “irrational” Board order finding an employer violated its duty to bargain by declaring impasse. By declaring impasse, the employer sought to implement its last, best, and… more

Administrative Law Judge (ALJ), Appeals, Collective Bargaining, Employment Litigation, Federal Labor Laws

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Jan-Ove Becker

2024 European Employer Survey Report - October 2024

Executive Summary- As Europeans across the continent head to the ballot box in a contentious election year, employers are navigating numerous challenges—from potential employment law changes to managing divisive political… more

Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues, EU

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Mathew Beckwith

New Restrictions on Physician Non-Compete Agreements in Connecticut

At the close of the 2023 session, the Connecticut legislature passed Senate Bill 9, “An Act Concerning Health and Wellness for Connecticut Residents.” Buried in this legislation are amendments to the state’s physician… more

Connecticut, Employer Liability Issues, Employment Contract, Healthcare, Healthcare Workers

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Sophia Behnia

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Sarah Belchic

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Christopher Benton

Emergency Paid Sick Leave: U.S. Department of Labor Enforcement Efforts On The Rise

Back in February of this year, when employees were still reporting to work and the COVID-19 pandemic was just starting to gain national attention, there was great concern that infected employees with insufficient sick leave… more

Coronavirus/COVID-19, Department of Labor (DOL), Enforcement Guidance, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Tobias Berdesinski

Gender Discrimination in Company Pension Schemes in Germany: Need for Action and Cost Risks

The EU Pay Transparency Directive imposes a need for companies in the European Union to take action. Employee comparison groups must be established to identify potential gender pay gaps. Employees are granted extensive and… more

Employee Benefits, Employment Discrimination, Equal Pay, EU, Gender Discrimination

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Alex Berg

Virginia’s 2024 Legislative Session Sees Few Employment Bills Passed and Record Vetoes

The 2024 session of the Virginia General Assembly has come to a close, and as with its 2023 session, which saw relatively little action with regard to employment legislation, there were relatively few employment-related bills… more

Age Discrimination, Cannabis Products, Discrimination, Drug Testing, Equal Employment Opportunity Commission (EEOC)

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J. Todd Bergstrom

West Virginia Employers No Longer Allowed to Prohibit Guns in Vehicles in Company Parking Lots

On March 21, 2018, West Virginia Governor Jim Justice signed into law House Bill 4187, referred to as the Business Liability Protection Act, which limits an employer’s ability to prohibit the lawful possession of firearms locked… more

Employer Liability Issues, Employment Policies, Firearms, Gun Laws, Guns-in-Trunks Legislation

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Kaleb Berhe

EEOC Issues Guidance on Mental Health Conditions in the Workplace

On December 12, 2016, the Equal Employment Opportunity Commission (EEOC) published a resource document titled, “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” which summarizes the rights… more

Americans with Disabilities Act (ADA), Disabilities, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Philip Berkowitz

Foreign Language Business Meetings Not Unlawful Discrimination, Court Finds

In a recent decision, a New York federal court rejected a former employee’s claims that permitting employees to speak only Japanese in business meetings, where individuals who do not speak Japanese are present and are without an… more

Corporate Counsel, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Laura Bernstein

Minnesota Amends its Earned Sick and Safe Time Act and Paid Family Leave Law

The Minnesota legislature continues to be busy, amending and clarifying the sweeping paid sick and family leave laws it passed last year. While some of these amendments provide much needed clarification, others add further… more

Employees, Employer Liability Issues, Labor Reform, Paid Family Leave Law, Paid Sick Leave

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Max Bernstein

Third Circuit Finds FAAAA Does Not Preempt New Jersey ABC Test

In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeals held that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting delivery… more

ABC Test, Commercial Truck Drivers, Delivery Drivers, Employer Liability Issues, Employment Litigation

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Erika Berríos - Berríos

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Shannon Berube

New Forms and Final Regulations Issued Under the Massachusetts Paid Family and Medical Leave Law

There has been much activity surrounding the Massachusetts Paid Family and Medical Leave law (PFML), which was enacted last summer as part of the so-called “Grand Bargain” legislation. As we previously reported, Governor Charlie… more

Labor Regulations, Medical Leave, New Regulations, Paid Family Leave Law, Required Forms

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Amardeep (Amy) Bharj

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Courtney Bhatt

Probing in Procurement – Recent Decisions May Prompt Review of Supplier Diversity Programs

A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional. While the court’s decision… more

Business Ownership, Constitutional Challenges, Discrimination, Diversity, Diversity and Inclusion Standards (D&I)

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Shirley Bi

Quarantine Quandaries – How NY, NJ and CT’s Quarantine Period May Impact Employers

New York, New Jersey, and Connecticut issued a joint incoming travel advisory, effective June 25, 2020, requiring all individuals—including Tristate Area residents—to self-quarantine for 14 days when arriving from an “impacted… more

Coronavirus/COVID-19, Corporate Counsel, Emergency Management Plans, Employer Liability Issues, Quarantine

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Steve Biddle

OSHA Renews its National Emphasis Program on Amputations in the Manufacturing Industry

The U.S. Department of Labor’s Occupational Safety and Health Administration renewed its National Emphasis Program on Amputations in Manufacturing Industries (NEP) on June 27, 2025, superseding the prior version. This new NEP… more

Employee Training, Employer Responsibilities, Enforcement Actions, Manufacturers, New Guidance

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Jessica Bieszczak

OFCCP Issues Opinion Letter on Whether Pre-Approved Pay Analysis Groupings Will be Accepted in Future Audits

On July 22, 2019, the Office of Federal Contract Compliance Programs (OFCCP) issued its second Opinion Letter since November 30, 2018, when Directive 2019-03 announced the agency’s intent to begin delivering such guidance to the… more

Audits, Cooperative Compliance Regime, Federal Contractors, Immunity, OFCCP

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Ana María Bigas-Kennerley

Puerto Rico Treasury Again Extends Deadlines to Request Federal Employee Retention Benefit After Hurricanes Irma And María

On May 17, 2019, the Puerto Rico Department of the Treasury (“PR Treasury”) issued Internal Revenue Informative Bulletin No. 19-07, granting an additional extension until June 30, 2019 for employers to request the Federal… more

Compensation & Benefits, Emergency Management Plans, Federal Aid, Hurricane Irma, Hurricane Maria

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Brad Bigos

Washington State Enacts Fair Chance Act

Washington State has joined a number of other jurisdictions, including the Washington cities of Seattle and Spokane, by passing a “ban-the-box” law, known as the Washington Fair Chance Act (HB 1298)… more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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Francis Bingham

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical… more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Derek Bishop

Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory… more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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Richard Black

The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

On January 24, 2020, the Seventh Circuit Court of Appeals became the second federal appellate court to address whether notice of a collective action under the Fair Labor Standards Act (FLSA) may be sent to individuals who… more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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Marlie Blaise

Watch Out New York – New Jersey Wants Its Taxes Too!

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

Employer Liability Issues, Income Taxes, New Jersey, New Regulations, Non-Resident Income Taxes

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Kathryn Blakey

CMS Issues Broad COVID-19 Vaccine Requirements for Healthcare Employers

On November 4, 2021, the Biden administration and the Centers for Medicare and Medicaid Services (CMS) at the Department of Health and Human Services (HHS) issued an interim final rule requiring healthcare worker vaccinations… more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Essential Workers

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Rocio Blanco Garcia

DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits

On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid… more

Compliance, Department of Labor (DOL), Employee Benefits, Employment Policies, Family and Medical Leave Act (FMLA)

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Linde Blocher

States Continue to Limit Restrictive Covenants for Health Care Professionals

Following a trend in recent years, state legislatures continue to ban or curtail the use of non-compete provisions and other restrictive covenants in employment agreements with physicians and other healthcare providers. The… more

Health Care Providers, Healthcare, Healthcare Workers, Hospitals, New Legislation

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Robert Blumberg

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

On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. The… more

Class Action, Dismissal With Prejudice, Employees, Employer Liability Issues, Employment Litigation

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Daniel Boatright

Fifth Circuit Vacates DOL’s 80/20/30 Rule for Tipped Employees

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Department of Labor’s so-called “80/20/30 Rule” that governed how tipped employees must… more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Wage, Tip Credit, Tipped Employees

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Abby Bochenek

Chicago Phases Out the Tip Credit Starting July 1, 2024

On July 1, 2024, Chicago will take its first step towards eliminating the tip credit. That day, the tip credit amount an employer can claim decreases from 40% to 32% of the applicable minimum wage. Every year thereafter, on July… more

City of Chicago, Employee Rights, Employer Responsibilities, Minimum Wage, Restaurant Industry

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Morgane Bocquet

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Dustin Bodaghi

California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

The California Supreme Court in Adolph v. Uber Technologies, Inc. affirmed the key holding in the U.S. Supreme Court’s landmark decision in Viking River Cruises v. Moriana last year—the FAA requires PAGA plaintiffs to arbitrate… more

Arbitration, Arbitration Agreements, CA Supreme Court, Employment Litigation, Federal Arbitration Act

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Bennet Böhnke

Germany: The skilled worker booster is to come, including for non-academic professions

The German economy is under pressure, and not just because of the energy crisis, inflation and the COVID-19 pandemic. For several years now, companies have identified the shortage of qualified specialists as an obstacle to… more

Foreign Workers, Germany, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Judy Bombino

Florida Enacts Two Sweeping Immigration Enforcement Laws

On February 13, 2025, Florida Governor Ron DeSantis signed into law two immigration-related bills aimed at assisting enforcement of President Trump’s immigration policies. Below are some key aspects of the new laws… more

Department of Homeland Security (DHS), Educational Institutions, Enforcement Actions, Florida, Immigrants

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Anna Bookout

Kansas Law Mandates Reformation and Strengthens Non-Solicitation Covenants

On April 9, 2025, Kansas Governor Laura Kelly signed into law Senate Bill No. 241, which amends Section 50-163 of the Kansas Restraint of Trade Act (the “Act”)1 to clarify what types of business contracts, agreements and… more

Contract Terms, Employee Rights, Employment Contract, Kansas, New Amendments

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Jody Boquist

Illinois Eliminates Subminimum Wages for Disabled Employees

On January 21, 2025, Governor JB Pritzker signed the Dignity in Pay Act (HB793) into law. The Dignity in Pay Act mandates that subminimum wage authorizations otherwise authorized under federal law be phased out and completely… more

Department of Labor (DOL), Disabilities, Employment Policies, Fair Labor Standards Act (FLSA), Illinois

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Rachel Borgel

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Alexis Bosilovic

Annual Report on EEOC Developments - Fiscal Year 2023

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

ADEA, Americans with Disabilities Act (ADA), Annual Reports, Civil Rights Act, Corporate Counsel

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Sharon Bowler

Connecticut Set to Offer Most Generous Paid Family Leave Benefits in the Country

Connecticut continues to add to its roster of employee-friendly laws, leaving businesses throughout the state to figure out how best to address the resulting changes. The legislative session closed on June 5, 2019, with laws… more

Corporate Counsel, Employee Contributions, Employer Liability Issues, Labor Reform, Labor Regulations

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Jorge Boyoli

México: Nuevos lineamientos en Materia de Democracia Sindical

El pasado 26 de julio, La Junta de Gobierno del Centro Federal de Conciliación y Registro Laboral (CFCRL) aprobó por unanimidad los Lineamientos Generales para los Procedimientos de Democracia Sindical, los cuales homologan… more

Collective Bargaining, Employees, Labor Reform, Labor Relations, Mexico

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Jessica Bradley

Minneapolis Wins the Battle over Sick and Safe Time Ordinance

On June 10, 2020, the Minnesota Supreme Court held state law does not preempt the Minneapolis Sick and Safe Time Ordinance (SST Ordinance), and the ordinance can apply to employers located outside Minneapolis… more

Labor Law Violations, Local Ordinance, MN Supreme Court, Preemption, Safe Leave

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Taylor Brailey

Pittsburgh, Pennsylvania Joins the Over-40 Club for Paid Sick Leave

On June 12, 2025, Mayor Ed Gainey signed into law an amendment to the Pittsburgh, Pennsylvania’s Paid Sick Days Act (PSDA) that changes the accrual requirements and amount of paid sick leave that must be provided under the Act… more

Compensation & Benefits, Employee Benefits, Employee Rights, Employer Responsibilities, New Legislation

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Cassandra Branch

Suffolk County, NY Bans Hairstyle and Religious Garment Discrimination

Effective July 23, 2020, Suffolk County, New York amended its Human Rights Law to ban race and religious discrimination based on hairstyle, hair texture, and religious garments as components of “group identity” under the… more

Dress Codes, Employer Liability Issues, Employment Discrimination, Employment Policies, Hairstyle Discrimination

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Jason Branciforte

President Trump Decreases Minimum Wage for Federal Contractors

On March 14, 2025, President Trump issued an executive order ending the obligation to pay individuals working on or in connection with certain federal contracts or subcontracts a minimum wage currently set at $17.75 per hour. In… more

Biden Administration, Department of Labor (DOL), Executive Orders, Fair Labor Standards Act (FLSA), Federal Contractors

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Z. Kathryn Branson

Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information… more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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Dónall Breen

UK Employment Law Wrapped 2024

Was 2024 a great year for the UK economy? No. Do UK businesses at least now have greater clarity regarding the details of the upcoming changes in employment law? Also no… more

Discrimination, Employee Rights, Employees, Employer Liability Issues, Equal Pay

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Megan Brennan

OFCCP Identifies 3,500 Contractor Establishments to be Audited Beginning in May—Are You Ready?

On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2019 Corporate Scheduling Announcement List (CSAL)… more

Audits, Contractor Audits, Cooperative Compliance Regime, CSALs, Federal Contractors

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Kate Bresner

Canada Passes Modern Slavery Act

On May 11, 2023, Canada passed An Act to enact Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (the “Act”). As we reported previously, the Act will create supply chain… more

Canada, Child Labor, Corporate Counsel, Corporate Social Responsibility, Forced Labor

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Michael Brewer

San Francisco Ordinance Imposes New Burdens on 'Formula' Retail Employers

In addition to federal and state laws, San Francisco currently has ten labor and employment laws that apply only to employees working within the City. On December 5, 2014, the eleventh San Francisco-specific employment law was… more

Employee Rights, Local Ordinance, Retailers, San Francisco, Wage and Hour

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Lauren Bridenbaugh

Virginia’s New “Vulnerable Victim” Law Increases Employers’ Potential for Vicarious Liability in Personal Injury and Wrongful Death Suits Against Employees

A new Virginia law, effective July 1, 2025, adds Section 8.01-42.6 to the Virginia Code to address employers’ vicarious liability for their employees’ tortious conduct in personal injury and wrongful death lawsuits brought by a… more

Bodily Injury, Employees, Employer Liability Issues, Employer Responsibilities, Employment Litigation

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Michelle Briers

Belgium: Checklist ✔ Required Data When Employing Third-Country Nationals Through Subcontracting

To tackle illegal employment through subcontracting more effectively, the Flemish government improved chain liability, and introduced a duty of care. According to this duty of care, companies working with subcontractors in the… more

Belgium, Data Management, Duty of Care, Foreign Nationals, Foreign Workers

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David K. Broderick

Dear Littler: Do We Have to Accommodate A Religious Objection to the Flu Shot?

Dear Littler: I work in a health care setting in New Jersey. As flu season is approaching, we emailed all of our patient care employees (nurses, physical therapists, intake staff, etc.) to remind them that an immunization is… more

Americans with Disabilities Act (ADA), Civil Rights Act, Discrimination, Employer Liability Issues, Employment Policies

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Taylor Brodsky

“It Ends with Us” Employment Litigation: Lessons for Hollywood Employers

Actor Blake Lively’s December 31, 2024, lawsuit against Wayfarer Studios, LLC, director and producer Justin Baldoni, and several others associated with the movie It Ends with Us has cast a spotlight on evolving employment law… more

Employee Misconduct, Employer Responsibilities, Employment Litigation, Entertainment Industry, Ethics

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JoAnna Brooks

Dear Littler: Do We Need to Make Employee Restrooms Available to Customers?

Dear Littler: Our retail clothing chain has stores in 10 major cities across the country. We recently had an issue in our Seattle, Washington location. A customer claiming to have a medical condition wanted to use our private… more

Customers, Discrimination, Employee Restrooms, Public Access Laws, Reasonable Accommodation

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Allison Brown

Pittsburgh City Council Approves Amended Paid Sick Leave Bill

On August 3, 2015, less than one month after the introduction of the original bill, the Pittsburgh City Council passed an amended bill requiring virtually all employers within the city to provide paid sick leave. Pittsburgh is… more

Employee Benefits, Paid Time Off (PTO), Recordkeeping Requirements, Sick Leave, Wage and Hour

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Craig Brown

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical… more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Gregory Brown

Reversing Course, NLRB Holds Employers Have No Pre-disciplinary Bargaining Obligation

On June 23, 2020, the National Labor Relations Board issued its decision in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109 (2020), holding that employers have no duty to bargain over… more

Collective Bargaining Agreements (CBA), Corporate Counsel, Disciplinary Proceedings, NLRB, Unions

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Harrison Brown

Canada: How to Manage Unresponsive Employees on Leave

Canadian law clearly requires employers to accommodate employees with disabilities unless it causes an undue hardship. But how are employers to deal with employees on medical leave who do not communicate with the employer? At… more

Disability Discrimination, Duty to Communicate, Employer Liability Issues, Leave of Absence, Medical Leave

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Jessica Brown

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical… more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Justin Brown

Oregon Enacts Law Requiring Employers to Disclose Detailed Explanation of Payroll Codes, Itemized Deductions, and Pay Rates to Employees Upon Hire

Oregon has added another detailed payroll documentation requirement for employers. Oregon law has long required employers to provide employees with detailed written wage statements, including pay rates, pay basis (e.g., hourly,… more

Disclosure Requirements, Employee Rights, New Legislation, Oregon, Payroll Deductions

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Matthew Brown

South Carolina Supreme Court Opens Door to Holding Drug-Testing Companies Liable for Negligence

On March 21, 2019, the South Carolina Supreme Court answered a certified question that will impact third-party vendors under contract with South Carolina employers to conduct employee drug testing… more

Drug Testing, Negligence, SC Supreme Court, Third-Party Liability

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Sean Brown

DOL Fiduciary Rule Still a Go for June 9, but its Future Remains Uncertain

United States Department of Labor (“DOL”) Secretary Alexander Acosta recently announced that the final DOL fiduciary regulations (the “Fiduciary Rule”) will go into effect on June 9, 2017. In an op-ed in the Wall Street… more

Best Interest Contract Exemptions, Conflicts of Interest, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Jared Bruff

DOL Clarifies the Exempt Nature of Participation in the Department of Defense’s Skill Bridge Program

In 2013 the United States Department of Defense founded Skill Bridge, a program that partners the U.S. Armed Forces with private employers to provide internships to active duty service members during their last six months of… more

Active Duty, Davis-Bacon Act, Department of Defense (DOD), Department of Labor (DOL), Fair Labor Standards Act (FLSA)

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James Bryton

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Kyra Buch

California Creates Bereavement Leave Requirement

On September 29, 2022, Governor Newsom signed AB 1949, which creates protected bereavement leave under the California Family Rights Act (CFRA). As of January 1, 2023, AB 1949 makes it unlawful for an employer to refuse to grant… more

Bereavement Leave, California, California Family Rights Act (CFRA), Employee Benefits, Employer Liability Issues

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Bruce Buchanan

DHS Issues Notices of Termination for the CHNV Parole Program

On June 12, 2025, the Department of Homeland Security (DHS) began sending termination notices, by email, to approximately 530,000 individuals who entered the United States under a recent parole program for Cubans, Haitians,… more

Department of Homeland Security (DHS), E-Verify, Employment Authorization Documents (EAD), Foreign Workers, Immigration Enforcement

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Wendy Buckingham

Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations. The ordinance… more

Criminal Records, Deadlines, Disability Discrimination, Employees, Employer Liability Issues

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Laura Helena Buriticá

Women’s World Cup 2023 – Equal Pay for Women in and Out of Sports

This year’s Women’s World Cup, which kicked off on July 20, 2023, has been drawing record viewers both in person and on television. As viewers watch these teams compete, many wonder whether these athletes receive pay equal to… more

Athletes, Employees, Employer Liability Issues, Equal Pay, Gender Discrimination

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Kaitlyn Burke

Supreme Court Confirms Class Arbitration May Not Proceed Unless Expressly Permitted by the Arbitration Agreement

On April 24, 2019, in a 5-4 opinion written by Chief Justice Roberts, the U.S. Supreme Court held that even if an arbitration agreement is ambiguous as to whether classwide arbitration is permitted, that is insufficient to find… more

Ambiguous, Appeals, Arbitration, Arbitration Agreements, Class Arbitration

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Kevin Burke

Act Fast: National Labor Relations Board Guidance Memorandum Serves as a Reminder of Shortened Election Timeframe

On December 8, 2023, National Labor Relations Board (the “Board”) General Counsel Jennifer Abruzzo issued a Guidance Memorandum (“GC 24-02”) describing the practical impact of the 2023 final rule amending federal regulations… more

Corporate Counsel, Federal Labor Laws, Final Rules, New Guidance, NLRA

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Pedro Busó-García

U.S.-Mexico Border Crossing Restrictions Amid the COVID-19 Crisis

Given the outbreak and continued transmission and spread of COVID-19, the United States and Mexico will suspend normal border crossing operations and processes for those who are not engaged in essential travel… more

Coronavirus/COVID-19, Cross-Border, Cross-Border Transactions, International Trade, Mexico

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Alice Van Buylaere

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Jason Byrd

How Does the New York State Fashion Workers Act Affect Industry Employers and Models?

With the passage of the New York State Fashion Workers Act, New York is set to regulate the working conditions of fashion industry professionals and the conduct of employers in the fashion, entertainment, and retail industries… more

Employees, Employment Contract, Fashion Industry, Labor Reform, Modeling

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Ariadna Cabello

Littler Global Guide - Spain - Q4 2021

Labor Reform - New Legislation Enacted - Law 32/2021 of December 28, published on December 30, 2021, provides urgency measures for labor reform, the guarantee of employment stability, and the transformation of the labor… more

Employee Benefits, Employer Liability Issues, EU, International Labor Laws, Labor Reform

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María Cáceres-Boneau

A Return to Work Roadmap for New York Employers

After weeks or months of remote work or closed operations, businesses are understandably eager to resume normal operations and bring employees back to the workplace. Employers must be mindful, however, of currently… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements

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Whitney Caldwell

SEC Report Indicates Whistleblower Program Going Strong

Compliance professionals and attorneys received confirmation on Tuesday of what many have long expected: the U.S. Securities and Exchange Commission whistleblower program is steadily growing in scope and impact, and the SEC is… more

Anti-Retaliation Provisions, Compliance, Dodd-Frank, Popular, Securities and Exchange Commission (SEC)

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Mark Callaghan

2024 Summer Olympics Series: United Kingdom

London has hosted the Olympics on three occasions: in 1908, then again in 1948 and most recently in 2012. During that time, the world of employment law has changed dramatically. Each London Olympics has taken place against an… more

Employees, Employer Liability Issues, Hiring & Firing, International Labor Laws, UK

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Marco Durante Calvo

Costa Rica: IVM Contributions to Increase as of July 1, 2017

On June 6, 2017, the Board of Directors of the Department of Social Security (this agency is also known as “CCSS”, for its acronym in Spanish) increased the pension contributions first by .5% effective July 1, 2017, and by an… more

Costa Rica, Employee Contributions, Pensions, Social Security

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Philip Cameron

UK Employment Rights Bill: What Employers Need to Know About Increased Trade Union Access and Recognition

The Labour Government's Employment Rights Bill (ERB) will introduce the most far-reaching changes to UK employment law in a generation. A key part of those reforms aims to modernize trade union laws and strengthen collective… more

Collective Bargaining, Employee Rights, Employees, Employer Responsibilities, UK

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Betsy Cammarata

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Brenda Canale

Littler WPI’s Election Report: How Voters Have Shaped Workplace Policy

Although the 2020 presidential election is technically behind us, razor-thin and contested elections for the presidency and Congress remain, potentially drawing out the uncertainty through the new year. As of the date of… more

Equal Pay, Federal Labor Laws, Independent Contractors, Joe Biden, Joint Employers

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Jaime Solis Canjura

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Paige Cantrell

Case-by-Case Analysis for the Creative Professional Exemption Applies to All Journalists, Regardless of Employer Size

On January 19, 2021, the U.S. Department of Labor (DOL) released an opinion letter analyzing the application of the Fair Labor Standards Act (FLSA) creative professional exemption to journalists… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Journalists, Minimum Salary

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Matthew Capobianco

New York Enacts Sweeping Changes to Independent Contractor Arrangements

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not be… more

Compensation & Benefits, Employee Definition, Employer Liability Issues, Exempt-Employees, Freelance Workers

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Emily Carapella

Newly Unveiled HEROES Act Includes Grant Program for Employers to Provide Premium Pay to Essential Workers

In addition to numerous provisions expanding paid leave and unemployment benefits, the newly introduced Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act would create a program enabling employers to provide… more

Coronavirus/COVID-19, Essential Workers, Federal Grants, Legislative Agendas, Popular

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Emily Cardenas

New Laws Postpone Washington Cares Act Employee Premiums to July 1, 2023, and Require Employers to Refund any Premiums Already Collected

On January 27, 2022, Washington Governor Jay Inslee signed House Bills 1732 and 1733, delaying and amending the Washington Cares Act (WA Cares). Notably, for employers, the bills delay the obligation to withhold WA Cares… more

Compensation & Benefits, Employee Benefits, Long Term Disability Insurance, Premiums, Washington

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Kelly Cardin

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”… more

Class Action, Damages, Employer Liability Issues, Employment Litigation, Labor Reform

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Edward Carlier

Littler World Cup Matchups Part 2: Short-Term Sick Pay

The World Cup is fast approaching! Over the course of the tournament, we will be publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. In Part I of this… more

Compensation & Benefits, Employee Benefits, Employer Liability Issues, International Labor Laws, Sick Leave

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Jonathan Carrillo

New Jersey Court Imposes Limits on State Law’s Near-Limitless Definition of Disability

Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of “disability”… more

Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Employees, Employer Liability Issues

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Thomas Carroll

Colorado Brings Significant Changes to Noncompete Agreements with Healthcare Providers and Minority-Interest Business Owners

Colorado recently enacted Senate Bill 25-083, significantly revising the rules governing noncompete and nonsolicit agreements in the state for those involved in the practice of medicine and other healthcare professions, as well… more

Colorado, Employment Contract, Healthcare, Minority-Owned Businesses, New Legislation

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Arthur Carter

Dear Littler: What Do We Do If We Cannot Bring Our Employees Back From Furlough?

Dear Littler: At the start of the pandemic, our company—like countless others—had to furlough a number of our employees. We thought we’d be able to fully resume operations by the summer. Unfortunately, COVID-19 is still… more

Business Continuity Plans, Coronavirus/COVID-19, Employer Liability Issues, Furloughs, Infectious Diseases

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Elizabeth Carter

Federal District Court Reverses Removal of NLRB Member Gwynne Wilcox

A federal district court has held that Gwynne Wilcox, a member of the National Labor Relations Board, was “illegally” fired from her job. The court ordered the Board’s current chair to restore her access to the Board and let her… more

Corporate Counsel, Department of Labor (DOL), Employment Litigation, Executive Orders, Hiring & Firing

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Cristin Casey

Untangling the Oregon Leave Quagmire – Answers to Common Compliance Questions in Light of Recent Legislative Changes

If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be… more

Compliance, Employee Benefits, Employee Rights, Employer Liability Issues, Employer Responsibilities

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David Casey

Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization Act… more

Aviation Industry, Delivery Drivers, Federal Aviation Administration Authorization Act of 1994 (FAAAA), Hiring & Firing, Independent Contractors

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Pablo Castellanos

Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

See all updates »

Randolf Castellanos

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Melinda Caterine

Maine Adopts Final Rules for Paid Family and Medical Leave Program

After multiple rounds of rulemaking that saw more than 1,600 comments submitted by nearly 600 individuals and businesses, the Maine Department of Labor, on December 4, 2024, approved and published the final rules for Maine’s… more

Employee Benefits, Employee Rights, Employer Responsibilities, Full-Time Employees, Medical Leave

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Cyle Catlett

BIPA’s Devastating Effects on Illinois Businesses

As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the… more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employee Privacy Rights

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John Cerilli

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent… more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Jolien Ceulemans

Coronavirus (COVID-19): Belgium

Belgium has so far been spared from coronavirus (COVID-19) outbreaks. Now that many people have returned from holidays (February 22 – March 1), however, this might change. This article provides practical guidance on employer’s… more

Belgium, Best Practices, Business Continuity Plans, China, Coronavirus/COVID-19

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Kai-Ching Cha

DOT Preempts California Meal and Rest Breaks Laws Under Federal Hazmat Regulations

California requires an employer to provide employees who works more than five hours with a 30-minute uninterrupted, off-duty meal break (and another meal break if they work more than 10 hours)… more

Department of Transportation (DOT), Employer Liability Issues, Hazardous Substances, Motor Vehicles, PHMSA

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James Champness

UK: Employee Unfairly Dismissed for Failure to Install App on Personal Phone

A recent employment tribunal case, Alsnih v. Al Quds Al-Arabi Publishing & Advertising, ruled that a journalist was unfairly dismissed for refusing to install a work-related app on her personal phone. The app was considered… more

Employees, Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing

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Garrick Chan

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v… more

California, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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Russell Chapman

Federal Court Strikes Down Dallas Paid Sick Leave Ordinance

The U.S. District Court for the Eastern District of Texas has permanently enjoined a controversial Dallas ordinance requiring employers to provide paid sick leave benefits to certain employees. The permanent injunction took… more

Employee Benefits, Employer Liability Issues, Labor Regulations, Motion To Enjoin, Preliminary Injunctions

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Karen Charlson

Downsizing’s Next Target – NIOSH

On April 2, 2025, most of the leadership and research scientists at the National Institute for Occupational Safety and Health (NIOSH) were terminated from employment. The termination resulted in a reduction of at least… more

Budget Cuts, Department of Health and Human Services (HHS), Employees, Government Agencies, Health and Safety

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Alex Charlton-Jones

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

Welcome back to our “cross-border perspectives” 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… more

Employee Rights, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Francisco Salas Chaves

Littler Lightbulb: Highlighting Five Recent Developments in Latin America

Littler’s International Employment Law Practice Group includes experienced practitioners who help employers tackle local and multinational legal issues across borders. Here we shine a light on pivotal legal developments in… more

Collective Bargaining Agreements (CBA), Colombia, Contribution Limits, Domestic Partnership, Economic Downturn

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Nelly Chavez

What’s New in 2022? Laws and Regulations Taking Effect in the New Year

2021 saw state and local legislatures shifting their focus away from COVID-19 measures back to traditional employment law matters. Although two states and the District of Columbia have COVID-19 related legislation going into… more

Coronavirus/COVID-19, Corporate Counsel, Disability Discrimination, Employee Benefits, Employer Liability Issues

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Nicolas Chavrier

Michael Chichester Jr.

Michigan’s 11th-Hour Changes to Minimum Wage, Tip, and Paid Sick Leave Standards

On February 21, 2025, Governor Gretchen Whitmer signed Senate Bill 8 and House Bill 4002, which, effective immediately, revise minimum wage, tip, and paid sick leave standards Michigan employers were expecting to take effect… more

Employee Benefits, Employment Policies, Governor Whitmer, Labor Reform, Minimum Wage

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Sebastian Chilco

Missouri Governor Signs Bill Repealing Paid Sick Leave Law and Revising Minimum Wage Update Schedule – What Now?

On July 10, 2025, Missouri Governor Mike Kehoe signed into law HB 567, which repeals the statewide paid sick leave law voters approved at the November 2024 election that took effect on May 1, 2025, and eliminates the… more

Employee Benefits, Employer Responsibilities, Legislative Agendas, Minimum Wage, New Legislation

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Rachel Childers

Alabama Joins Pushback on Vaccine Mandates

Alabama joined other states in pushing back against federal workplace vaccine mandates. On November 5, 2021, Alabama Governor Kay Ivey signed into law Senate Bill 9 that places new limits on Alabama employers’ ability to… more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates

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Joy Cho

Delaware Issues its WARN Act Regulations

Five years after enacting its Worker Adjustment and Retraining Notification (WARN) Act, Delaware has issued its first set of WARN Act regulations. The regulations generally mirror federal WARN Act regulations, but there are… more

Delaware, Employees, Employer Responsibilities, Notice Requirements, Unemployment Insurance

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C. Esther Choi

Recent Developments in South Korea’s Anti-Discrimination Laws

In the past several years, South Korea has taken significant steps towards strengthening its employment anti-discrimination law. Although no comprehensive anti-discrimination law has yet passed, employers in Korea must take… more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Confidential Information, Damages, Fines

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Yuri Choy

DOL Opinion Letter Offers Additional Insight Regarding Regular Rate Treatment of Expense Reimbursement Payments

On November 8, 2024, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2024-01. This letter provides additional clarity about whether daily expense reimbursement payments can be excluded from an employee’s regular… more

Corporate Counsel, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Over-Time, Rate of Pay

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Corey Christensen

Circuit Courts Endorse Limiting Jurisdiction in FLSA Collective Actions

In two decisions issued on the same day, the Sixth and Eighth Circuits recently joined many district courts across the country in holding that federal courts cannot exercise jurisdiction over Fair Labor Standards Act (FLSA)… more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Employment Litigation, Fair Labor Standards Act (FLSA), Forum

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Kelly Chu

California Court of Appeals Awards Attorneys' Fees to Defendant For Misappropriation of Trade Secrets Claim Brought in Bad Faith

A California appellate court recently affirmed the trial court’s ruling in Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc. that the defendant (“Maxim”) was entitled to attorney’s fees under California Civil… more

Appeals, Attorney's Fees, Bad Faith, Civil Code, Dismissals

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Edward Chyun

Ohio Adopts Provisions of the FLSA to Eliminate Hybrid Actions and to Clarify Compensable Time

Ohio Governor Mike DeWine signed Senate Bill 47 (SB 47) into law on April 6, 2022. SB 47 goes into effect on July 6, 2022 and includes new Ohio Revised Code § 4111.031, which limits an employer’s obligation to pay overtime for… more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Labor Reform, New Legislation, Opt-In

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Jennifer Ciralsky

Wisconsin Employers Can Insist Upon Unpaid Lunch Breaks, Seventh Circuit Rules

The U.S. Court of Appeals for the Seventh Circuit recently ruled that Wisconsin wage and hours laws concerning the compensability of meal periods empower employers to require that such breaks be unpaid. In Wirth v. RLJ… more

Employer Liability Issues, Employment Litigation, Rest and Meal Break, State Labor Laws, Wage and Hour

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Paul Cirner

Oregon Enacts Landmark Law Making Owners and Contractors Liable for Subcontractor Wage Theft

On June 9, 2025, Oregon enacted Senate Bill 426, a significant new law aimed at protecting construction workers from wage theft by imposing strict joint and several liability on both property owners and direct contractors for… more

Construction Contracts, Construction Industry, Employer Liability Issues, Joint and Several Liability, New Legislation

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Andrew Clark

Nevada OSHA to Begin Enforcing Heat Illness Prevention Regulation on April 29, 2025

The Nevada Division of Industrial Relations (DIR), the principal regulatory agency responsible for workplace safety in Nevada, will begin enforcement of a recently adopted heat illness prevention regulation on April 29, 2025… more

Employee Training, Employer Responsibilities, Enforcement Actions, Heat Exposure, Nevada

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Michelle Ann Clark

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to… more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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Shawn Matthew Clark

Washington Enacts Mini-WARN Act Requiring Notice Before Certain Layoffs and Closures

Washington will soon join the growing list of states that require employers to give 60 days’ advance notice to employees, unions, and the state for certain mass layoffs and business closures. On May 13, 2025, Governor Bob… more

Corporate Counsel, Damages, Employee Benefits, Employee Rights, Employment Policies

See all updates »

Ariel Clarke

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

See all updates »

Lauren Clements

The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board, as… more

Corporate Counsel, Employment Contract, Federal Trade Commission (FTC), Former Employee, Intellectual Property Protection

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María Luisa Riu Cobo

2024 Summer Olympics Series: Spain

The 2024 Summer Olympic Games began Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their… more

Collective Bargaining, Economic Development, Employment Policies, EU, Fixed-Term Labor Contracts

See all updates »

Karin M. Cogbill

California Supreme Court Determines How Flat Sum Bonuses Factor into Overtime Calculation

The California Supreme Court recently decided the question of how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period… more

Bonuses, CA Supreme Court, Compensation & Benefits, Employer Liability Issues, Employment Litigation

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Mel Cole

California Supreme Court Reaffirms that ABC Test is Retroactive

On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior… more

ABC Test, CA Supreme Court, Dynamex, Employee Definition, Employer Liability Issues

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Lisa Coleman

UK Tribunal Overturns Dismissal for Prank at Work: A Win for Workplace Banter?

A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing… more

Employee Misconduct, Employees, Employment Tribunals, Hiring & Firing, Termination

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H. Devon Collins

Annual Report on EEOC Developments – Fiscal Year 2019

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Civil Rights Act, EEO-1, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

See all updates »

Lisa Collins

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Caterina Colombano

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Sherril Colombo

Littler Global Guide - Italy - Q4 2021

COVID-19: Green Pass Mandatory in Workplaces - New Legislation Enacted - Effective October 15, 2021, Law Decree No. 127/2021 established that – until December 31, 2021 – a “Green Pass” will be required in order to access the… more

Coronavirus/COVID-19, Employer Liability Issues, EU, Infectious Diseases, International Labor Laws

See all updates »

Amanda Combs

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

See all updates »

Nicola Comelli

ITALY: COVID-19 (Coronavirus) – Employer FAQs

The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle mandatory lockdowns, safety and health rules,… more

Anti-Discrimination Policies, Business Continuity Plans, Centers for Disease Control and Prevention (CDC), China, Coronavirus/COVID-19

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Eric Compere

OSHA Launches Nationwide Program Focusing on Workplace Falls

On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) to prevent and reduce workplace falls. For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall… more

Corporate Counsel, Employees, Employer Liability Issues, NEP, OSHA

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Stephanie Compson

UK Employment Rights Bill: What Employers Need to Know About the Proposed Changes to Collective Redundancies

The Labour Government's Employment Rights Bill (ERB) will introduce the most far-reaching changes to UK employment law in a generation. Key aims of the ERB and other employment law reforms set out in their Plan to Make Work pay… more

Collective Bargaining, Employee Rights, Employees, Employer Responsibilities, Employment Litigation

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Michael Congiu

Seventh Circuit Places Limits on Employers’ Withdrawal Liability from Certain Multiemployer Plans

On April 24, 2025, the Seventh Circuit upheld a Northern District of Illinois decision requiring a multiemployer pension plan to exclude the employers’ post-2014 rehabilitation plan contribution rate increases from the… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues, Multiemployer Plan, Pensions

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Jeanine Conley Daves

The Littler Annual Employer Survey Report - May 2025

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and local… more

Discrimination, Diversity, Diversity and Inclusion Standards (D&I), Employer Responsibilities, Executive Orders

See all updates »

Emily Connor

Indiana Restricts Employer Vaccination Mandates

On March 3, 2022, Indiana joined several other states in imposing limits on employer COVID-19 vaccine mandate programs. Governor Holcomb signed House Bill 1001 into law, which prohibits private employers from mandating the… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Exempt-Employees, Health and Safety

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Robert Conti

Snakes Off a Plane

Acclaimed actor Samuel L. Jackson put it best when he exclaimed in a 2006 film: “Enough is enough. I have had it with these [expletive] snakes on this [same expletive] plane.” With its final rule under the Air Carrier Access… more

Air Carrier Access Act (ACAA), Airlines, Americans with Disabilities Act (ADA), Department of Transportation (DOT), Emotional Support Animals

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Chris Coombes

UK Court of Appeal Decision Addresses Tension Between Religious Beliefs and Reputational Damage

The UK Court of Appeal (CA) has handed down its judgment in the case of Higgs v. Famor’s School, adding to the growing body of case law that examines the complex issue of balancing employees’ freedom to express potentially… more

Educational Institutions, Employment Discrimination, Employment Litigation, Equality Act, Equality and Human Rights Commission (EHRC)

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Joseph Cooper

Oregon Governor Brown Announces End of COVID-19 Restrictions

On June 25, 2021, Oregon Governor Kate Brown signed Executive Order No. 21-15 (the “Recovery Order”), lifting the vast majority of Oregon’s COVID-19 restrictions as of Wednesday, June 30, 2021. The Recovery Order eliminates the… more

Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Health and Safety, Infectious Diseases

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Christina Cordoza

Dear Littler: Are There Limits to Cell Phone Expense Reimbursement?

Dear Littler, Our company has a few employees who work hybrid positions and some who are fully remote in California. We put in place a remote work stipend a few months ago (covering internet, utilities, and other home office… more

Cell Phones, Employees, Employment Policies, Reimbursements, Remote Working

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Nicole Corkery

Pennsylvania Supreme Court Changes Labor Market Survey Rules

The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In Phoenixville… more

Workers' Compensation Defense

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Sonia Cortés García

2024 Summer Olympics Series: Spain

The 2024 Summer Olympic Games began Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their… more

Collective Bargaining, Economic Development, Employment Policies, EU, Fixed-Term Labor Contracts

See all updates »

Gilbert Cotto-Lazo

Oregon Enacts Law Requiring Employers to Disclose Detailed Explanation of Payroll Codes, Itemized Deductions, and Pay Rates to Employees Upon Hire

Oregon has added another detailed payroll documentation requirement for employers. Oregon law has long required employers to provide employees with detailed written wage statements, including pay rates, pay basis (e.g., hourly,… more

Disclosure Requirements, Employee Rights, New Legislation, Oregon, Payroll Deductions

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Greg Coulter

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Kayla Cox

Santa Clara County Phases Out Vaccination Benchmarking Mandate

On May 18, 2021, the Santa Clara County Health Officer issued an order (May Order) that included a first-of-its-kind vaccination benchmarking mandate. On June 21, 2021, the Health Officer issued another order (June Order)… more

Coronavirus/COVID-19, Covered Entities, Employer Liability Issues, Employment Policies, Health and Safety

See all updates »

Meghan Cox

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

See all updates »

Erwin Crabeels

Belgium: how to deal with the partial lockdown until 3 April 2020?

On 12 March, the Belgian government imposed additional social distancing measures to limit further outbreak of the coronavirus (COVID-19). These measures apply as of 13 March at midnight and apply through 3 April. Although… more

Belgium, China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

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Jessica Craft

Texas Joins the Fray and Enacts AI Legislation

Following in the footsteps of an increasing number of states, Texas just joined the growing movement to regulate artificial intelligence (AI). On Sunday, June 22, 2025, Governor Greg Abbott signed HB 149, the Texas Responsible… more

Algorithms, Artificial Intelligence, Disclosure Requirements, Enforcement Actions, Government Agencies

See all updates »

Tucker Crain

Alabama Tax Law Changes Clarify Overlap with FLSA and Explain Reporting on Form W-2

A new Alabama law clarifies the types of overtime wages exempt from state withholding, prompting the Alabama Department of Revenue to promulgate new rules. Last year, the Alabama Legislature enacted Act 2023-421, excluding… more

Alabama, Fair Labor Standards Act (FLSA), Over-Time, W-2, Wage and Hour

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Shannon Creasy

Ninth Circuit Reaffirms Only Job-Related Factors Will Excuse Pay Disparity Under Federal EPA, Prior Salary Not Job-Related

On February 27, 2020, the Ninth Circuit issued a long-anticipated decision in Rizo v. Yovino. Consistent with the Ninth Circuit’s original opinion issued in 2018, which was vacated on procedural grounds by the United States… more

Compensation & Benefits, Disparate Impact, Employment Litigation, Equal Pay, Equal Pay Act

See all updates »

Aaron Crews

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

See all updates »

Christoph Crisolli

Germany May Ease Labor Regulations on Termination of Top Managers to Lure British Banks

On November 20, 2018, the German Ministry of Finance sent the draft of the Brexit Tax Accompanying Act (the Act) to other ministries and industry associations for their review and input… more

Banking Sector, Banks, Germany, Hiring & Firing, International Labor Laws

See all updates »

Bradley Crowell

Sponsoring a Group Health Plan for Employees? What Employers Need to Know About the Consolidated Appropriations Act

Many employers offer health insurance as a way to recruit and retain talent. Sponsoring a group health plan, however, can subject the employer plan sponsor to significant legal and regulatory burdens deriving from laws such as… more

Compensation & Benefits, Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans, Health Insurance

See all updates »

Megan Crowhurst

New Year, New Workplace Fairness Act Requirements for Oregon Employers

Since October 1, 2020, Oregon employers have operated under the Workplace Fairness Act (“OWFA”), which restricts employers from including confidentiality, non-disparagement, and no-rehire provisions in settlement agreements and… more

Amended Regulation, Confidentiality Policies, Employer Liability Issues, Employment Contract, Employment Discrimination

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Tiffany Cruz

California Law Extends Workplace Discrimination Prohibition to Stalking Victims and Imposes New Reasonable Accommodation Requirement

California Governor Jerry Brown recently signed into law Senate Bill No. 400 (SB 400), which expands the state's current employment discrimination protections to victims of stalking. Effective January 1, 2014, SB 400 amends… more

Americans with Disabilities Act (ADA), Crime Victims, Discrimination, DLSE, Domestic Violence

See all updates »

Thomas Cryan Jr.

What Notable Employment Provisions are in the Tax Bill?

The first significant piece of legislation to make it to President Trump's desk, the Tax Cuts and Jobs Act (H.R. 1), includes an employer tax credit for providing paid family and medical leave, elimination of a business expense… more

Affordable Care Act, Compensation & Benefits, Corporate Taxes, Executive Compensation, Fringe Benefits

See all updates »

Leslie Currie

OSHA Proposes Changes to Reporting and Recordkeeping Requirements

On July 1, 2025, the U.S. Occupational Safety and Health Administration (OSHA) issued several proposed rules, including two that impact employers’ recordkeeping and reporting obligations… more

Coronavirus/COVID-19, Employer Responsibilities, Federal Labor Laws, Healthcare Facilities, OSHA

See all updates »

Barbara Cusumano

Supreme Court Holds a Party May be Entitled to Attorneys' Fees Absent a Favorable Ruling on the Merits

On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately… more

Attorney's Fees, Corporate Counsel, EEOC v CRST Van Expedited, Equal Employment Opportunity Commission (EEOC), Frivolous Lawsuits

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Andrés DaCosta Herrera

Littler Global Guide - Colombia - Q2 2018

Constitutional Court Clarifies Standard for Workers Close to Acquiring the Old-Age Pension - Precedential Decision by Judiciary or Regulatory Agency - In 2017, the Constitutional Court established that a private sector… more

Colombia, Disability Discrimination, Employee Benefits, Employer Liability Issues, Hiring & Firing

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Dilshen Dahanayake

UK Whistleblowing Update: Three Key Cases

2024 has been a fruitful year in the UK for whistleblowing law so far, with three key cases employers should be aware of: Can an external job applicant qualify as a whistleblower?… more

Corporate Misconduct, Disclosure, Employment Rights Act, Job Applicants, UK

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Ambre Dalbes

French Supreme Court Approves the Macron Scale for Dismissal Damages

On May 11, 2022, the French Supreme Court issued two long-awaited decisions on the statutory scale of indemnification—i.e., the Macron scale—currently applicable in cases of dismissal without cause… more

Compensation & Benefits, Employment Litigation, EU, France, French Supreme Court

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Eric van Dam

The Netherlands: Understanding the Difference Between Wage Suspension and Wage Freeze

In practice, the terms “wage suspension” and “wage freeze” are often mistakenly used interchangeably in the Netherlands, with potentially dire consequences for the employer. The key differences between the two wage penalties are… more

Compensation & Benefits, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Litigation

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Alyssa Daniels

Implications for Employers of Colorado’s New Biometrics Law

On May 31, 2024, Colorado enacted H.B. 24-1130, an amendment to the Colorado Privacy Act (CPA) regarding the use of biometric information (the “Biometric Amendment”). The Biometric Amendment, effective July 1, 2025, requires… more

Biometric Information, Compliance, Consent, Consumer Privacy Rights, Data Collection

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Patricia Dasch

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Emily David

New Jersey WARN Act Radically Expanded

Reducing your New Jersey workforce just became more expensive. On January 21, 2020, Governor Phil Murphy signed into law Senate Bill 3170. This bill radically expands employers’ advance notice and severance pay obligations… more

Corporate Counsel, Employer Liability Issues, Hiring & Firing, Labor Regulations, Layoff Notices

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Goldie Davidoff

Washington Senate Bill 5041 Expands Unemployment Benefits to Striking and Locked-Out Workers

Washington recently became the third state in the nation—joining New York and New Jersey—to offer unemployment benefits to workers on strike or locked out by their employers. Under the newly signed Senate Bill 5041, eligible… more

Employee Benefits, Employer Responsibilities, Labor Disputes, New Legislation, Reporting Requirements

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José Dávila-Caballero

Littler Global Guide - Puerto Rico - Q2 2019

An Employee’s Felony Indictment Constitutes Just Cause for Termination - Precedential Decision by Judiciary or Regulatory Agency - On April 25, 2019, the Puerto Rico Supreme Court held that a felony indictment constitutes… more

Caregivers, Discrimination, Employer Liability Issues, Employment Litigation, Felonies

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Alison Davis

DC Bill Would Provide Most Generous Paid Leave Benefits in the Nation

On October 6, 2015, the District of Columbia Council introduced legislation that would establish a universal paid leave system for all DC residents and workers who are employed in DC but live elsewhere. The Universal Paid Leave… more

Corporate Counsel, Covered Employees, Employee Benefits, Family and Medical Leave Act (FMLA), Medical Leave

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Brittaney Davis

The Open Texas Plan: A State and Local Update

On April 27, 2020, Texas Governor Greg Abbott issued Executive Order GA-18 (Order) regarding the reopening of Texas businesses during the COVID-19 crisis… more

Coronavirus/COVID-19, Employer Responsibilities, Operators of Essential Services, Re-Opening Guidelines, Restaurant Industry

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Laura Davis

State and Local Updates Affect What Employers May (and May Not) Require from Job Applicants in Washington State

It’s the season for legislative updates – and Washington State lawmakers are no exception. Job postings have recently been an area of focus in state and local laws. Two recent updates in Washington State impose new requirements… more

Employee Rights, Employer Responsibilities, Employment Discrimination, Hiring & Firing, Job Applicants

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Shiva Shirazi Davoudian

Long Beach, California Follows Los Angeles and Enacts its Own Mandatory Right of Recall and Worker Retention Ordinances

The City of Long Beach, California on May 19, 2020 followed in the footsteps of Los Angeles City and County and adopted its own version of the Right of Recall Ordinance (“Recall Ordinance”) and Worker Retention Ordinance… more

Coronavirus/COVID-19, Employee Retention, Hiring & Firing, Hospitality Industry, Hotels

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Sean Dawson

What Employers Need to Know About No Tax on Tips and No Tax on Overtime

On July 3, 2025, the U.S. House of Representatives narrowly passed H.R.1, the so-called “One Big Beautiful Bill Act,” ending a dramatic journey through Congress that dominated headlines in recent weeks. President Donald J. Trump… more

Employees, Fair Labor Standards Act (FLSA), Income Taxes, New Legislation, Over-Time

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Koen De Bisschop

Littler World Cup Matchups Part 2: Short-Term Sick Pay

The World Cup is fast approaching! Over the course of the tournament, we will be publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. In Part I of this… more

Compensation & Benefits, Employee Benefits, Employer Liability Issues, International Labor Laws, Sick Leave

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Luna De Boeck

Belgium: New Rules Apply in the Brussels Capital Region Regarding International Mobility

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… more

Belgium, EU, Foreign Nationals, Foreign Workers, Highly-Skilled Workers Visa

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Claire Deason

Dear Littler: Do I really need to reimburse my remote employee’s phone bill, internet, and home office equipment?

We are a small company based in Milwaukee, Wisconsin that allowed some of our employees to work remotely during the pandemic. When we recently announced our plans to call employees back to home base in Milwaukee, we received… more

Business Expenses, Employees, Employer Liability Issues, Employment Policies, Reimbursements

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Harry DeCourcy

California SB 1159 Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims

Update: Governor Newsom signed SB 1159 into law on September 17, 2020. In May, California Governor Newsom signed Executive Order N-62-20, which created a rebuttable presumption that certain employees who test positive for… more

Coronavirus/COVID-19, Employer Liability Issues, Governor Newsom, Health & Safety Standard, Infectious Diseases

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Dale Deitchler

Connecticut Legalizes Recreational Marijuana, Will Allow Employers to Continue Prohibiting Recreational Marijuana Use

Connecticut Governor Ned Lamont recently signed Senate Bill 1201, making Connecticut the 19th state to legalize recreational marijuana for adults 21 years or older. The new law not only requires expungement of certain existing… more

Decriminalization of Marijuana, Drug Testing, Employment Policies, Labor Regulations, Marijuana

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Maayan Deker

Cal/OSHA Approves Final Respirable Crystalline Silica Regulation, While Other Potential Limits on Engineered Stone Remain Under Consideration

On December 19, 2024, the Cal/OSHA Standards Board unanimously approved a proposal to make permanent amendments to its regulation regarding occupational exposures to respirable crystalline silica (RCS) in the general industry… more

Cal-OSHA, Compliance, Employees, Final Rules, Manufacturers

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Stephen Dellinger

Hurricane Florence Approaches – What Can Employers Anticipate?

Hurricane Florence shows no sign of relenting as it barrels toward Virginia and the Carolinas. Forecasters are currently considering Florence a category 4 storm, which could strengthen by the time it makes landfall later this… more

Disaster Aid, Employer Liability Issues, Exempt-Employees, Hurricane Season, Layoff Notices

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Lucas Deloach

Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home Care Industry Intensifies

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home Care… more

Companionship Exemptions, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Home Health Care, Home Healthcare Workers

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Nancy Delogu

The Littler Annual Employer Survey Report - May 2025

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and local… more

Discrimination, Diversity, Diversity and Inclusion Standards (D&I), Employer Responsibilities, Executive Orders

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Carey Ann Denefrio

Illinois Poised to Protect Marijuana Users from Adverse Employment Actions as Part of Marijuana Legalization Legislation

On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Act”) (HB 1438). The Act, notwithstanding federal law, declares marijuana a “lawful product” for state law purposes, and would make… more

Adverse Employment Action, Cannabidiol (CBD) oil, Cannabis Products, Decriminalization of Marijuana, Employee Rights

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Leslie Dent

Georgia Issues State-Wide Shelter-in-Place Order

On April 2, 2020, Governor Brian Kemp signed an Executive Order requiring Georgia residents and visitors to shelter in place within their homes or places of residence, except to engage in limited essential activities, to perform… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

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Harman Deol

Steps Employers Can Take Before a Reduction in Force to Help Protect Trade Secrets

Layoffs are here and with them comes an often-overlooked threat: trade secret misappropriation. Thousands of tech workers have been laid off over the last year, and 61% of business leaders say their organizations will likely… more

Employees, Employer Liability Issues, Hiring & Firing, Intellectual Property Protection, Layoffs

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Samantha DeRuvo

New York Significantly Expands Workers’ Compensation Coverage for Work-Related Stress Claims

On December 6, 2024, Governor Kathy Hochul signed new legislation, S.6635/A.5745, to support employees facing job-related mental health issues. The law, which went into effect on January 1, 2025, will allow any employee to file… more

Compliance, Employee Benefits, Employer Liability Issues, Employment Litigation, Mental Health

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Kroopa Desai

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Guillaume Desmoulin

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

See all updates »

Hilary Detmold

Reversing Course, NLRB Holds Employers Have No Pre-disciplinary Bargaining Obligation

On June 23, 2020, the National Labor Relations Board issued its decision in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109 (2020), holding that employers have no duty to bargain over… more

Collective Bargaining Agreements (CBA), Corporate Counsel, Disciplinary Proceedings, NLRB, Unions

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Mark Detwiler

Employers’ Duty to Bargain Over Union COVID-19 Proposals During the Term of a Collective Bargaining Agreement

Whether and how to respond to union proposals and requests to bargain are among the important questions employers face when confronting the many health, safety and economic threats posed by the COVID-19 pandemic… more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Employer Liability Issues, NLRA, NLRB

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Laura Devane

Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the… more

Amazon Marketplace, Arbitration, Arbitration Agreements, Business Entities, Class Action

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Michelle Devlin

Third Circuit Affirms NLRB’s Totality of the Evidence Test in Finding that a Single Employee’s Conduct Constituted Protected Concerted Activity

On June 23, 2025, in Miller Plastic Products Inc. v. National Labor Relations Board, the Third Circuit ruled that substantial evidence supported the Board’s determination that a single employee’s conduct was protected concerted… more

Appeals, Biden Administration, Employment Litigation, Loper Bright Enterprises v Raimondo, NLRA

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Puneet Dhaliwal

The Legislative and Ballot Initiative Landscape in Massachusetts

The Massachusetts legislature has introduced a series of employment- and labor-related bills that, if enacted, will require employers across the Commonwealth to establish, revisit or revise policies and practices. In addition,… more

Ballot Measures, Employer Liability Issues, Hiring & Firing, Labor Reform, Pending Legislation

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Ramanpreet Dheri

Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information… more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

See all updates »

Ashley Diaz

Visa Denial Results In Imminent Deportation For Foreign Nationals

Earlier this month, the United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum providing guidance on Executive Order 13768, which called for enhancing public safety in the United States through… more

Executive Orders, Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures

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Craig Dickinson

Second Circuit: ADA Can Require Accommodation Even When Employee Could Perform Job Without It

The Americans with Disabilities Act (ADA) may require an employer to accommodate a disability even when an employee could perform the job without it. That is the upshot of the recent decision by the U.S. Court of Appeals for the… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employer Responsibilities

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Diana Dickinson

Nevada Ends Public Accommodations COVID-19 Paid Leave

The requirement for covered public accommodations facilities in Nevada’s Clark and Washoe Counties to provide paid time off for employees experiencing COVID-19 symptoms or who have been exposed to COVID-19 expired May 17, 2023… more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Nevada, New Guidance

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Lauren DiGiovine

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an… more

Collective Bargaining, Corporate Counsel, Employee Rights, Employees, Employer Liability Issues

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Jeffrey Dilger

Big Changes to Minnesota’s Employment Laws Are Coming Soon

The Minnesota legislature has passed a sweeping Omnibus Jobs Bill that Governor Tim Walz has said he will sign. This legislation will significantly impact Minnesota employers in a variety of ways. Among other things, it will… more

Breastfeeding, Employees, Employer Liability Issues, Labor Reform, Non-Compete Agreements

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Shiara Diloné-Fernández

Puerto Rico Enacts New Legislation on Remote Workers of “Out-of-State” Employers

On June 30, 2022, the governor of Puerto Rico signed into law Act No. 52 (Act 52-2022), which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011, to address the… more

Economic Presence Nexus, Employer Liability Issues, Foreign Corporations, Income Taxes, Labor Regulations

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Greg Dimirsky

Texas Joins the Fray and Enacts AI Legislation

Following in the footsteps of an increasing number of states, Texas just joined the growing movement to regulate artificial intelligence (AI). On Sunday, June 22, 2025, Governor Greg Abbott signed HB 149, the Texas Responsible… more

Algorithms, Artificial Intelligence, Disclosure Requirements, Enforcement Actions, Government Agencies

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Dylan Dindial

Off-Duty Recreational Cannabis Use to be Protected in New Jersey

After contentious negotiations, Governor Phil Murphy has signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act) implementing the constitutional amendment embracing… more

Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Marijuana, New Legislation

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Anton Dirnberger II

Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information… more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

See all updates »

Michael Dissinger

The Gilded Wage? Nevada Voters Eliminate Two-Tier Minimum Wage System

For nearly two decades, Nevada has utilized a unique two-tier minimum wage system that permitted employers that offered qualified health benefits to employees to pay $1.00 less per hour than employers that did not offer such… more

Ballot Measures, Constitutional Amendment, Employer Liability Issues, Labor Reform, Minimum Wage

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David Dixon

First in, Last out: California’s First-in-Nation COVID-19 Regulation Finally Rides Off into the Sunset (Mostly…)

Nearly all of the substantive provisions of Cal/OSHA’s non-emergency COVID-19 regulation expired on Monday, February 3, 2025. The event marked a significant end point to the regulatory journey that began on November 19, 2020,… more

Cal-OSHA, California, Compliance, Coronavirus/COVID-19, Corporate Counsel

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R. Brian Dixon

California Could Revive the Industrial Welfare Commission

As happens this time every year in California, legislators and the governor are crafting a state budget for the upcoming fiscal year. The budget bill currently under consideration in Sacramento contains a startling and momentous… more

California, Employees, Employer Liability Issues, Health and Welfare Plans, IWC

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Kimberly Dobson

New York Department of Labor Releases Final Regulations for State Sick Leave Law

On December 22, 2021, the New York Department of Labor (Department) issued final regulations regarding the New York State Sick Leave Law (NYSSLL), which has been in effect since September 30, 2020. The final regulations do not… more

Corporate Counsel, NYDOL, Paid Leave, Paid Time Off (PTO), Sick Leave

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Andrew Domozick

Cleveland Adopts Salary History and Transparency Law

On April 28, 2025, the Cleveland, Ohio City Council adopted Ordinance 104-2025, which requires employers with at least 15 employees in Cleveland to include salary ranges in job postings and prohibits inquiring about an… more

Disclosure Requirements, Employee Rights, Employer Responsibilities, Hiring & Firing, Minimum Salary

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Patricia Donkor

Maryland Enters Stage Three of the “Maryland Strong: Road to Recovery” Plan

Maryland Governor Hogan moved the state into Stage Three of its reopening plan on September 4, 2020 at 5:00 p.m. in Order 20-09-01-01. This move permits practically all Maryland businesses to open, including theaters… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Health and Safety, Infectious Diseases

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John Doran

Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers. The new law, which went into effect immediately, obligates… more

Compliance, Employment Policies, FEPA, Leave of Absence, Paid Time Off (PTO)

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Alyesha Dotson

Senate Committee Questions DOL, EEOC Nominees

On June 18, 2025, the Senate Committee on Health, Education, Labor & Pensions held a hearing to consider four key nominations for leadership roles at the U.S. Department of Labor and the Equal Employment Opportunity Commission… more

Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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Kimberly Doud

Florida Issues Emergency Rule and FAQs on its Vaccine Mandate Law

After the passage of Florida Statute 381.00317 on November 17, 2021, employers with employees in Florida were left with new rules relating to COVID-19 vaccination policies, in many instances contrary to the signaled direction of… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Federal v State Law Application, Florida

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Tom Dowd

Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam 529… more

Administrative Law Judge (ALJ), Asset Purchaser, Corporate Counsel, Employment Contract, Fringe Benefits

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J.P. Dowdle

Washington State Wildfire Smoke Rules Impose New Employer Requirements

As many Washington residents are aware, wildfires, and wildfire smoke, are becoming an increasingly regular occurrence. The increase in wildfires has often led to days—or even weeks—of smoky air throughout the state… more

Air Quality Standards, Emergency Management Plans, Employees, Employer Liability Issues, Environmental Policies

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Donald Dowling

Non-Profits, NGOs, Overseas Staff, and the DOGE Shake-Up at USAID: A Six-Point Checklist for a Way Forward

On January 20, 2025, President Trump issued an executive order establishing the Department of Government Efficiency under Elon Musk. Just days later, on February 3, DOGE closed the Washington headquarters of the U.S. Agency for… more

Department of Government Efficiency (DOGE), Employee Rights, Employment Policies, Executive Orders, Foreign Workers

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Marissa Dragoo

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

See all updates »

Hannah Drury

What to Expect from the UK’s New Data (Use and Access) Bill

The new Data (Use and Access) Bill is making its way through the parliamentary process, and is expected to be passed in the first half of 2025. The Bill proposes to amend the UK data privacy regime to make it easier for… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Data Transfers

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Irene Duarte

Colombia: Recent Labor Reforms Bring Key Changes and New Compliance Priorities

Recent labor reforms approved by the Colombian Congress, and signed by the Colombian president on June 25, 2025, introduce sweeping changes to employment regulations, including enhanced employee protections, limits on fixed-term… more

Employee Benefits, Employee Rights, Employer Responsibilities, Labor Reform, New Legislation

See all updates »

Marie Duarte

WPI Labor Day Report 2021

Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and… more

Department of Labor (DOL), Employer Mandates, Equal Employment Opportunity Commission (EEOC), Labor Regulations, Labor Relations

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Zack Duffly

Recent and Upcoming Changes to Oregon Pregnancy & Childbirth Accommodations Laws

Women with children are the fastest-growing segment of the workforce. Six in every ten new mothers are working. Against that backdrop, the Oregon legislature recently enacted two new laws, changing and clarifying the rules… more

Breastfeeding, Disability Discrimination, Employer Liability Issues, Employment Policies, Labor Regulations

See all updates »

Claire Dufils

French Court Finds Gig Platform Workers Are Independent Contractors, Not Employees

A recent decision issued in France indicates that whether a gig worker is an independent contractor or employee is a fact-specific inquiry. In this case decided last month, delivery platform Stuart, a subsidiary of the group La… more

Corporate Counsel, Employee Definition, Employer Liability Issues, France, Gig Economy

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Jennifer Duke

Massachusetts High Court’s Ruling on the Domestic Violence and Abuse Leave Act Holds Lessons for Employers

On August 25, 2021, the Supreme Judicial Court (SJC), the highest court in Massachusetts, ruled on the elements of a retaliation claim under the Domestic Violence and Abuse Leave Act (DVLA)… more

Adverse Employment Action, Anti-Retaliation Provisions, Domestic Violence, Employer Liability Issues, Hiring & Firing

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Morgan Dull

Act Fast: National Labor Relations Board Guidance Memorandum Serves as a Reminder of Shortened Election Timeframe

On December 8, 2023, National Labor Relations Board (the “Board”) General Counsel Jennifer Abruzzo issued a Guidance Memorandum (“GC 24-02”) describing the practical impact of the 2023 final rule amending federal regulations… more

Corporate Counsel, Federal Labor Laws, Final Rules, New Guidance, NLRA

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Nicole Bermel Dunlap

CMS Withdraws COVID-19 Vaccine Mandate

In conjunction with the Biden administration’s declaration that the COVID-19 national public health emergency ended effective May 11, 2023, the Centers for Medicare and Medicaid Services (CMS) announced it would “soon end” its… more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues

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Corey Dunn

Proposed Regulations for Alaska Paid Sick Leave Law Provide Guidance to Employers Just in Time for July 1st Effective Date

On June 25, 2025, the Alaska Department of Labor & Workforce Development (Department) published proposed regulations interpreting Ballot Measure 1, Alaska’s new statewide Paid Sick Leave law, that took effect on July 1, 2025… more

Alaska, Comment Period, Employee Benefits, Employee Rights, Employer Responsibilities

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Julie Dunne

"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation

A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not… more

Automotive Industry, Class Action, Collective Bargaining, Minimum Wage, Piece-Rate Pay

See all updates »

Samantha Dunton-Gallagher

Conflict Between Florida Preemption Statute and Miami Beach Minimum Wage Ordinance Emerges Amidst Ongoing Litigation

A conflict between a Florida state preemption statute and the City of Miami Beach’s minimum wage ordinance is coming to bear. The end result of the pending litigation on the subject will likely determine the extent to which… more

Local Ordinance, Minimum Wage, Preemption, Wage and Hour

See all updates »

Ryan Eddings

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Kelley Edwards

Texas Governor Abbott Bars Employers and Individuals from Compelling COVID-19 Vaccines

On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40, which states that no entity in Texas can “compel” any individual, including any employee or consumer, to receive a COVID-19 vaccination who objects… more

Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Employer Mandates, Executive Orders

See all updates »

Elaine Egan

On the Horizon: Two New EU Directives for UK and Irish Employers

On April 24, 2024, the European Parliament adopted the final text of two new directives, namely: the Platform Work Directive, aimed at improving working conditions and protection of personal data for those engaged in “platform… more

Compliance, Data Protection, Due Diligence, Ireland, Member State

See all updates »

Kayleen Egan

City of Philadelphia Announces Food Establishment Vaccine Mandate

In response to rising COVID-19 case rates, on December 13, 2021, the Philadelphia Department of Health announced a vaccine mandate for patrons and staff of all establishments that sell food or drink for on-site consumption… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues, Employer Mandates

See all updates »

Chizoba Nwamaka Egbuonu

DOL Rule Imposes Significant Increases in Penalties for Employee Benefit Plan Violations

On June 30, 2016, the U.S. Department of Labor (“DOL”) issued an interim final rule that significantly increases various penalties under the Employee Retirement Income Security Act of 1974 (“ERISA”). The interim rule is the… more

Automatic Enrollment, Blackout Rules, Children's Health Insurance Program (CHIP), Civil Monetary Penalty, Corporate Counsel

See all updates »

Jan Einhaus

Layoffs in Germany & Poland: Differences & Similarities

As layoff procedures in Poland and Germany are anchored in the same EU Directive, their national regulations are similar in direction, but they still have their own flavor and local specificity. Germany and Poland share… more

Collective Bargaining, Employee Benefits, Employee Rights, Employment Contract, Employment Policies

See all updates »

Ignacio Bermúdez Elizondo

Mexico: New Provisions Give Domestic Workers Access to Social Security and Health Care Benefits

On March 29, 2019, Mexico’s government launched the Pilot Program to Register Domestic Workers to the Mandatory Social Security Regime, allowing domestic workers to have access to social security and health care benefits… more

Domestic Workers, Employee Benefits, Health Insurance, Mexico, Social Security

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Colby Ellis

Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12, 2023,… more

Adverse Employment Action, Burden-Shifting, Civil Rights Act, Corporate Counsel, Employees

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Edward Ellis

False Claims Act Retaliation in 2021

False Claims Act Retaliation in 2021 - INTRODUCTION - A corporate whistleblower can create more financial, organizational, and reputational damage to an employer by using the federal False Claims Act (FCA), 31 U.S.C. §… more

Anti-Kickback Statute, Anti-Retaliation Provisions, Causation, False Claims Act (FCA), Qui Tam

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Benjamin Emmert

Ninth Circuit Finds Auto 'Service Advisors' Not Exempt Under FLSA

In Navarro v. Encino Motorcars, LLC (9th Cir. Mar. 24 2015), the U.S. Court of Appeals for the Ninth Circuit addressed an issue of first impression in the Circuit: whether individuals who worked for automobile dealerships as… more

Appeals, Automotive Industry, Car Dealerships, Corporate Counsel, Exempt-Employees

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Michelle Engberts

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

See all updates »

Wouter Engelsman

Littler World Cup Matchups Part 6: Harassment

The World Cup quarter finals are close at hand. We have been following the games with our own matchups, comparing labor and employment laws of participating countries. Referees have borne the brunt of player ire over the course… more

Employees, Employer Liability Issues, International Labor Laws, Sexual Harassment, Workplace Harassment Guidance

See all updates »

Kurt Erickson

Minneapolis, Minnesota Amends its Anti-discrimination Ordinance

On May 12, 2025, the city of Minneapolis enacted extensive amendments to its existing anti-discrimination ordinance, including expanding definitions relating to protected characteristics and accommodations. The ordinance applies… more

Anti-Discrimination Policies, Disability Discrimination, Employee Rights, Employment Discrimination, Hiring & Firing

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Daniel Trujillo Esmeral

Antitrust Employment Guidelines Issued by Biden Administration Days Before the Transfer of Power Are Now in Question

On January 16, 2025, just days before transferring power to the new administration, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued updated Antitrust Guidelines for Business Activities Affecting Workers… more

Antitrust Provisions, Competition, Department of Justice (DOJ), Employment Contract, Employment Litigation

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Alexa Esposito Allen

Massachusetts Gets Transparent: FAQs Clarify the Commonwealth’s Pay Transparency Law

Massachusetts’ Executive Office of Labor and Workforce Development (LWD) recently published FAQs that provide guidance on the state’s new pay transparency law, formally titled the Frances Perkins Workplace Equity Act. The Act… more

Disclosure Requirements, Employee Rights, Equal Employment Opportunity Commission (EEOC), New Legislation, Pay Transparency

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Marc Esterow

Philadelphia Expands Employment Protections for Domestic Workers

Effective May 1, 2020, Philadelphia became the tenth jurisdiction to enact employment legislation to protect domestic workers. The Philadelphia Domestic Worker Bill of Rights (DWBR) requires companies and individuals who employ… more

Covered Employees, Domestic Workers, Employee Rights, Employment Contract, Home Healthcare Workers

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D. Porpoise Evans

DOJ Expands Corporate Whistleblower Program to Include Immigration Law Violations

The stakes for non-compliance with federal immigration law have just increased exponentially. On May 12, 2025, the U.S. Department of Justice’s Criminal Division unveiled its new White Collar Enforcement Plan (“Enforcement… more

Compliance, Corporate Counsel, Corporate Crimes, Department of Justice (DOJ), Employer Responsibilities

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Michelle Barrett Falconer

California Expands Paid Sick Leave Uses for Crime Victims and Agricultural Employees, and Changes Unpaid Leave Standards for Victims

On September 29 and 24, 2024, respectively, California’s governor signed two bills that amend California’s Healthy Workplaces Healthy Families Act (HWHFA), the statewide paid sick leave law. AB 2499 expands who qualifies for… more

Agricultural Workers, California, Domestic Violence, Employees, Employer Responsibilities

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Kemi Faneye

Ontario, Canada Announces Effective Date and New Regulations Governing ESA Changes to Publicly Advertised Job Postings and Accompanying Recordkeeping Obligations

Ontario’s Bill 149, Working for Workers Four Act, 2024 and Bill 190, Working for Workers Five Act, 2024 both amended the Employment Standards Act, 2000 (ESA) by, among other things, setting out requirements and prohibitions… more

Canada, Employment Standards Act, Job Ads, Ontario, Recordkeeping Requirements

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Ashley Farris

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints, justifies… more

Corporate Counsel, Disciplinary Proceedings, Employee Misconduct, Employer Liability Issues, General Motors

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Sarah Bryan Fask

Seventh Circuit Places Limits on Employers’ Withdrawal Liability from Certain Multiemployer Plans

On April 24, 2025, the Seventh Circuit upheld a Northern District of Illinois decision requiring a multiemployer pension plan to exclude the employers’ post-2014 rehabilitation plan contribution rate increases from the… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues, Multiemployer Plan, Pensions

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Jessica Faustin

The Labor Law Ping-Pong Continues: Federal Appeals Court Allows NLRB Member Wilcox to Return to Work

The U.S. Court of Appeals for the D.C. Circuit has ruled that National Labor Relations Board Member Gwynne Wilcox will return to work while she challenges her removal. This latest decision reverses a prior decision by a… more

Appeals, Biden Administration, Constitutional Challenges, Employment Litigation, Judicial Authority

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Whitney Fay

New Missouri Law Requires Employers to Provide Unpaid Leave & Other Accommodations for Victims of Domestic or Sexual Violence

Effective August 28, 2021, Missouri employers with at least 20 Missouri employees must provide unpaid leave for employees who are victims of domestic or sexual violence (as defined by state statute) or have family or household… more

Domestic Violence, Employee Rights, Employer Liability Issues, Sexual Assault, State Labor Laws

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Kerri Feczko

New Illinois and Chicago Laws for 2024

Illinois state and local legislatures kept busy in 2023 with the enactment of numerous new labor and employment laws, including significant changes to paid and sick leave for employees and new protections for temporary laborers… more

Ban the Box, City of Chicago, Employee Benefits, Employer Liability Issues, Illinois

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António Monteiro Fernandes

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Whitney Ferrer

U.S. Department of Labor Expands Opinion Letter Program

On June 2, 2025, the U.S. Department of Labor (DOL) expanded its opinion letter program, which should provide guidance on areas handled by multiple enforcement agencies within the DOL. Publication of opinion letters is a… more

Department of Labor (DOL), Employee Benefits, Employee Rights, Employer Responsibilities, Fair Labor Standards Act (FLSA)

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Eric Field

Seventh Circuit Places Limits on Employers’ Withdrawal Liability from Certain Multiemployer Plans

On April 24, 2025, the Seventh Circuit upheld a Northern District of Illinois decision requiring a multiemployer pension plan to exclude the employers’ post-2014 rehabilitation plan contribution rate increases from the… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues, Multiemployer Plan, Pensions

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Joseph Field

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral argument… more

#MeToo, Appellate Courts, Corporate Liability, Employer Liability Issues, Employment Litigation

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James Fielding

Georgia as a Model Employer for Individuals With Disabilities

Georgia Senate Bill 384, signed into law this year, establishes the State of Georgia as a Model Employer (the “GAME”) Program. The GAME Program regulates labor practices of public offices related to the recruitment, hiring,… more

Americans with Disabilities Act (ADA), Compliance, Disabilities, Georgia, Hiring & Firing

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Bradley Fink

Colorado Labor Wants Big Changes for Colorado Employers

Colorado Union Dues System Remains Unchanged – For Now - On May 16, 2025, Colorado Governor Jared Polis vetoed a bill that would have upended the state’s unique structure around mandatory payment of union dues as a… more

At-Will Employment, Collective Bargaining, Colorado, Employee Rights, Hiring & Firing

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Zach Finkelman

Seventh Circuit Places Limits on Employers’ Withdrawal Liability from Certain Multiemployer Plans

On April 24, 2025, the Seventh Circuit upheld a Northern District of Illinois decision requiring a multiemployer pension plan to exclude the employers’ post-2014 rehabilitation plan contribution rate increases from the… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues, Multiemployer Plan, Pensions

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Alison Finn

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Sean Fisher

Second Circuit: ADA Can Require Accommodation Even When Employee Could Perform Job Without It

The Americans with Disabilities Act (ADA) may require an employer to accommodate a disability even when an employee could perform the job without it. That is the upshot of the recent decision by the U.S. Court of Appeals for the… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employer Responsibilities

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Adam Joshua Fiss

Dear Littler: We Need a Vacation from Our Vacation Policy

Dear Littler, Recently I became the Chief Financial Officer at a growing company. We are in solid financial shape, but I have concerns about financial liability the company is carrying on its books in the form of unused… more

Employee Benefits, Employees, Employer Liability Issues, Employment Policies, Paid Leave

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Brendan Fitzgerald

NLRB Rejects Browning-Ferris and Returns to Prior Joint-Employer Standard that Benefits Union and Non-Union Employers Alike

On December 14, 2017, just two days before the end of Chairman Philip Miscimarra’s term, the new Republican majority at the National Labor Relations Board continued its shift in labor policy and issued yet another reversal of… more

Browning-Ferris Industries of California Inc., Collective Bargaining, Deregulation, Hiring & Firing, Joint Employers

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Brian FitzGerald

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Christine Fitzgerald

2024’s Top Stories in Unfair Competition and Trade Secrets Law

2024 was quite a year in unfair competition and trade secrets law, with the Federal Trade Commission’s final rule on non-competes garnering widespread mainstream media attention. While the FTC final rule has been set aside… more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Final Rules

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Hannah Fitzgerald

(Not So) Frozen in Time—Colorado District Court Enters Section 10(j) Order Preventing Hospital from Withholding Across-the-Board Wage Increases to Union Members Following Election

On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont… more

Administrative Law Judge (ALJ), Compensation & Benefits, Employees, Exempt-Employees, Health Care Providers

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Susan Fitzke

More Changes to Minnesota’s Employment Laws are Imminent

In recent years, Minnesota has enacted sweeping legislation impacting Minnesota employers at a break-neck pace. As the most recent legislative session came to a close, another set of new and supplemental laws was passed and… more

Compensation & Benefits, Employee Rights, Employer Responsibilities, Independent Contractors, Minimum Wage

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Margaret Fitzpatrick

Big Changes to Minnesota’s Employment Laws Are Coming Soon

The Minnesota legislature has passed a sweeping Omnibus Jobs Bill that Governor Tim Walz has said he will sign. This legislation will significantly impact Minnesota employers in a variety of ways. Among other things, it will… more

Breastfeeding, Employees, Employer Liability Issues, Labor Reform, Non-Compete Agreements

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Thomas Flaherty

New Virginia Wage and Hour and Pregnancy Discrimination/Accommodation Laws Effective July 1, 2020 Significantly Expand Employees’ Rights

Businesses of all sizes have, understandably, been consumed by how to address the numerous pressing issues that the COVID-19 pandemic has wrought. As a result, it can be easy to lose sight of the dramatic changes to Virginia… more

Administrative Remedies, Department of Labor (DOL), Double Damages, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Joseph Flanagan

Turn on the Lights: New York Mandates Transparency in Electronic Monitoring

While employers generally provide some form of notice of electronic monitoring, as a matter of practice, in their employee handbook, New York now requires transparency about workplace monitoring as a matter of law… more

Electronic Communications, Employee Monitoring, Employee Privacy Rights, Employee Rights, Employer Liability Issues

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Rod Fliegel

Washington’s Amended Fair Chance Act Will Impose Additional Obligations on Covered Employers

Washington State has an existing fair chance law (discussed here) but the statute, as amended by HB 1747, will impose additional obligations on employers that consider criminal records when vetting job applicants or employees… more

Adverse Employment Action, Criminal Background Checks, Employer Responsibilities, Employment Policies, Hiring & Firing

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Mark Flores

Texas Joins the Fray and Enacts AI Legislation

Following in the footsteps of an increasing number of states, Texas just joined the growing movement to regulate artificial intelligence (AI). On Sunday, June 22, 2025, Governor Greg Abbott signed HB 149, the Texas Responsible… more

Algorithms, Artificial Intelligence, Disclosure Requirements, Enforcement Actions, Government Agencies

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Olivia Florio Roberts

U.S. Enacts Law Barring Products Made with Forced Labor in China

On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (the “Act”), which bars the importation into the United States of products made from forced labor in the Xinjiang region of China… more

Biden Administration, China, Corporate Social Responsibility, Due Diligence, Employer Liability Issues

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Jillian Folger-Hartwell

Rhode Island’s Amended Payment of Wages Act Now Imposes Felony Penalties on Employers

Effective January 1, 2024, the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (“Wage Act”) will make a “knowing[] and willful[]” wage and hour violation punishable as a criminal felony. Should an employer,… more

Amended Regulation, Criminal Liability, Employer Liability Issues, Independent Contractors, Labor Law Violations

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Shana Fonnesbeck

Tennessee Expands Anti-Bullying Law to Private Employers

Tennessee recently amended its Healthy Workplace Act (Act), which seeks to prevent abusive conduct at work, to cover private employers… more

Amended Legislation, Anti-Bullying Laws, Employer Liability Issues, Employment Policies, Harassment

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Adriana Foreman

Governor Hochul Seeks to Expand New York WARN Notice Requirements to Include AI Disclosures

New York WARN Act notices are getting longer (again). In her State of the State address earlier this month, Governor Kathy Hochul announced that she will direct the New York Department of Labor (NYDOL) to amend the New York… more

Artificial Intelligence, Compliance, Employment Policies, Hiring & Firing, Layoffs

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Adam Forman

Massachusetts Attorney General Creates a "Safe Harbor" From the Requirements of the Massachusetts Sick Leave Law

The Massachusetts Attorney General recently issued a supplemental regulation to the state's new sick leave law that aims to provide a "safe harbor" to Massachusetts employers that had qualifying paid time off ("PTO") policies… more

Attorney General, Paid Time Off (PTO), Safe Harbors, Sick Leave, Vacation Pay

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Ryan Forrest

Reopening Florida: The Step-by-Step Plan for Florida’s Recovery

The impacts of COVID-19 have been felt in every corner of Florida and have dramatically affected the way that we do business, the way we interact, and the way we live. This article offers guidance on Florida’s progress toward… more

Amusement Parks, Child Care, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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Lauren Forsythe

Two Utah Laws Related to Religious Expression in the Workplace Take Effect

The Utah legislature wrapped up its seven-week legislative session on March 1, 2024. In addition to passing a #MeToo-inspired law prohibiting confidentiality clauses regarding sexual misconduct, the legislature also passed two… more

Anti-Discrimination Policies, Employee Rights, Employees, Employer Liability Issues, Employment Discrimination

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Candace Forte

Time to Reset Your Tax Clock

While we may reset our clocks in March and November each year, every January 1 we reset our tax clocks. Here is a short list of what is changing: Social Security Wage Base Limit: $176,100… more

401k, Benefit Plan Sponsors, Contribution Limits, Earned Income Credit, Employee Benefits

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William Foster

South Carolina Supreme Court Upholds Governor’s Early Termination of Federal Unemployment Benefits

In a recent opinion, the South Carolina Supreme Court unanimously agreed with the lower court’s dismissal of a lawsuit brought by four individuals to challenge Governor Henry McMaster’s decision to end federal unemployment… more

Coronavirus/COVID-19, Infectious Diseases, Relief Measures, SC Supreme Court, Unemployment Benefits

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Sarah Fox

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Brittany Frank

New York Now Requires Paid Lactation Breaks

Effective June 19, 2024, New York employers will be required to provide up to 30 minutes of paid lactation breaks to employees each time an employee has a reasonable need to express breast milk at work. This change to New York… more

Breastfeeding, Employee Rights, Employer Liability Issues, Employment Policies, Labor Reform

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Kevin Frankel

Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations. The ordinance… more

Criminal Records, Deadlines, Disability Discrimination, Employees, Employer Liability Issues

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Katherine Franklin

U.S. Department of Justice and SEC Release Long-Awaited Guidance on Foreign Corrupt Practices Act

On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released their long-awaited guidance on the Foreign Corrupt Practices Act (FCPA). A Resource Guide to the US Foreign Corrupt… more

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Eli Freedberg

New York Legislature Proposes to Expand State Jurisdiction Amid Federal Uncertainty

Amid growing concerns about the continued absence of a quorum at the National Labor Relations Board (NLRB) and the resulting inability of the NLRB to issue decisions in representation and unfair labor practice cases, the New… more

Constitutional Challenges, Employee Rights, Government Agencies, Labor Relations, New Legislation

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Ryan Freeman

National Labor Relations Board Proposes Rulemaking Concerning Certain Union Representation Processes

On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103. The first… more

Collective Bargaining, Construction Industry, Employee Rights, Labor Law Violations, Labor Regulations

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Matt Freemann

Amended Colorado Paid Family and Medical Leave Insurance (FAMLI) Law Addresses Neonatal Intensive Care, Slightly Lowers Employee Wage Premiums

This legislative session, Colorado amended the state’s Family and Medical Leave Insurance (FAMLI) law via SB 25-144 in two material ways affecting lengths of leave and FAMLI premiums (i.e., taxes)… more

Amended Legislation, Colorado, Compensation & Benefits, Employee Benefits, Employee Rights

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Shana French

Canada: Off-Duty Sexual Harassment May Still Trigger a Duty to Investigate

In a significant decision for employers, the Ontario Court of Appeal in Metrolinx v. Amalgamated Transit Union, Local 1587, upheld the Divisional Court’s ruling that quashed an arbitrator’s decision reinstating five employees… more

Appeals, Canada, Employee Rights, Employer Responsibilities, Employment Litigation

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Rachel Simone Frey

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Robert Friedman

Federal Court Strikes Down Rule Raising Salary Threshold for White Collar Overtime Exemptions

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated and set aside the U.S. Department of Labor (DOL)’s final regulation increasing the salary threshold for the “white collar” overtime… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

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Steven Friedman

Sponsoring a Group Health Plan for Employees? What Employers Need to Know About the Consolidated Appropriations Act

Many employers offer health insurance as a way to recruit and retain talent. Sponsoring a group health plan, however, can subject the employer plan sponsor to significant legal and regulatory burdens deriving from laws such as… more

Compensation & Benefits, Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans, Health Insurance

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Alex Frondorf

Ohio Adopts Provisions of the FLSA to Eliminate Hybrid Actions and to Clarify Compensable Time

Ohio Governor Mike DeWine signed Senate Bill 47 (SB 47) into law on April 6, 2022. SB 47 goes into effect on July 6, 2022 and includes new Ohio Revised Code § 4111.031, which limits an employer’s obligation to pay overtime for… more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Labor Reform, New Legislation, Opt-In

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Stephen Fuchs

New New York City Rules for Paid Prenatal Leave to Take Effect in July 2025

On the heels of New York State’s amendment of its Paid Sick Leave Law to create a first-in-the-nation paid prenatal personal leave (PPPL) entitlement, the New York City Department of Consumer and Worker Protection (DCWP) has… more

Employee Benefits, Employee Rights, Employer Responsibilities, New Regulations, New York

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Jeylimar Fuentes Rivera

Puerto Rico Prohibits Discrimination Against Breastfeeding Mothers in the Workplace

Puerto Rico Governor Jeniffer González has signed Act No. 29-2025 into law, modifying the Act to Regulate the Breastfeeding or Breast Milk Extraction Period, as amended (“Act 427-2000”), which provides certain nursing employees… more

Anti-Discrimination Policies, Breastfeeding, Employee Benefits, Employee Rights, Employer Responsibilities

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Kelli Fuqua

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Merete Furesund

Littler's 2019 European Employer Survey Report - November 2019

European companies are navigating a variety of social and equality-related issues impacting their workplaces and, according to Littler’s second annual European Employer Survey, are increasingly channeling their concerns into… more

#MeToo, Artificial Intelligence, Diversity, Employer Liability Issues, Equal Pay

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Emma Diamond

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Warren Fusfeld

Publicly Traded Employers Will Need to Claw Back Incentive Pay from Former and Current Executive Officers

Employers with stock listed on a national security exchange will become subject to a new final rule mandating the implementation of a policy that will require employers to recoup incentive-based compensation from officers who… more

Clawbacks, Corporate Governance, Executive Compensation, Final Rules, Financial Statements

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Micah Fysh

Canada: Ontario Government Introduces Significant Changes to Key Workplace Legislation

On May 28, 2025, the Ontario Government introduced the Working for Workers Seven Act, 2025 (Bill 30). If passed, Bill 30 will amend the Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA), and… more

Canada, Employees, Employer Liability Issues, Employment Policies, Employment Standards Act

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Gabriela Pacheco

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Svenja Gaida

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

See all updates »

Lindsay Gainer

West Virginia Enacts Legislation to Clarify Worker Classification

Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the “Act”), which goes into effect on June 9, 2021. The legislation provides standards for determining… more

Employee Definition, Employer Liability Issues, Freelance Workers, Gig Economy, Hiring & Firing

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Emily Gaines

New York City Passes Bill Requiring Employers to Provide an “Employee Bill of Rights” to All Employees Regardless of Immigration Status

On December 3, 2023, the New York City Council passed a bill requiring the Department of Consumer and Worker Production (DCWP), in coordination with the Mayor’s Office of Immigrant Affairs (MOIA), the New York City Commission on… more

City of New York, Corporate Counsel, Employee Rights, Employees, Employer Responsibilities

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Joanita Nemayian Gakami

Annual Report on EEOC Developments – Fiscal Year 2019

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Civil Rights Act, EEO-1, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Hector Galeano

The Next Normal: A Littler Insight on Returning to Work – Recalling Furloughed Employees and the Rehire Process

After COVID-19 abates, employers may determine that they cannot return all employees to the workforce. Some employers may need to recall employees on a slower timeline depending on demand, social distancing imperatives, and the… more

Background Checks, Coronavirus/COVID-19, Drug Testing, Employer Responsibilities, Form I-9

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Matthew Gallagher

Mississippi Legalizes Medical Cannabis

On February 2, 2022, Mississippi became the latest state to create a medical marijuana law. The Mississippi Medical Cannabis Act (MMCA) became effective immediately upon Governor Tate Reeves’s signature. Prior to enacting the… more

Adverse Employment Action, Employer Liability Issues, Employment Policies, Marijuana, Medical Marijuana

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Vanessa Ganguin

Keeping on Top of Right to Work Compliance as UK Immigration Enforcement Ramps Up

The UK Home Secretary Yvette Cooper has revealed a 48% increase in immigration enforcement visits in the first month of 2025 compared to the January before, plus a 73% increase in arrests. With the UK government deploying more… more

Employer Responsibilities, Employment Litigation, Employment Policies, Foreign Nationals, Foreign Workers

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Noah Garber

Dear Littler: How should we handle anonymous complaints?

Dear Littler, I’m the CEO of a fast-growing company. A team of sales executives reports to me and each has a large team of sales employees that reports to them. Last week someone anonymously emailed HR complaining about… more

#MeToo, Complaint Procedures, Corporate Culture, Employer Liability Issues, Employment Policies

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Estefania Rueda Garcia

México Tiene Nueva Ley en Materia de Protección de Datos Personales

El pasado 20 de marzo de 2025 se publicó la nueva Ley Federal de Protección de Datos Personales en Posesión de los Particulares (“LFPDPPP”) que entró en vigor el 21 de marzo del presente año y que contiene importantes cambios en… more

Consumer Privacy Rights, Data Privacy, Data Protection, Mexico, New Legislation

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Patricia Madrona García

Pay Transparency Requirements in Spain

Reducing the wage gap continues to be one of the European Union’s strategic objectives. To this end, on May 10, 2023, Directive 2023/970 was issued to reinforce the principle of equal pay between men and women who perform the… more

Disclosure Requirements, Employees, Employment Policies, Equal Pay, EU

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Surbhi Garg

Colorado Supreme Court Finds Policies Requiring Forfeiture of Earned Vacation Unlawful

On June 14, 2021, the Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, holding that company policies that provide for the forfeiture of earned vacation pay are unenforceable under Colorado law… more

Accrued Benefits, CO Supreme Court, Employee Benefits, Employer Liability Issues, Employment Litigation

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Cori Garland

WPI Labor Day Report 2018

Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of the… more

ADEA, Affordable Care Act, Age Discrimination, Association Health Plans, Ban the Box

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Angel Garrett

The Supreme Court Relieves ERISA Plaintiffs of a Pleading Requirement: What’s Next for ERISA Plan Fiduciaries?

On April 17, 2025, the U.S. Supreme Court issued a decision that dealt a blow to benefit plan fiduciaries nationwide. The Court unanimously held in Cunningham v. Cornell University that a plaintiff asserting that a plan and… more

Benefit Plan Sponsors, Cunningham v Cornell University, Employee Benefits, Employee Retirement Income Security Act (ERISA), ERISA Litigation

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David Gartenberg

Colorado Amends its Anti-Discrimination Law, Adding New Protections for Transgender Employees and Disabled Persons in Places of Public Accommodation

In the 2025 legislative session, Colorado lawmakers enacted two laws that amend the Colorado Anti-Discrimination Act (CADA) in distinct and material ways. The first, HB25-1312, clarifies CADA’s prohibition on gender expression… more

Anti-Discrimination Policies, Colorado, Disability Discrimination, Employee Rights, Employer Responsibilities

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Jeneé Gaskin

Illinois Makes Move to Ban Employer-Sponsored Meetings

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing… more

Anti-Retaliation Provisions, Employee Rights, Employees, Employer Liability Issues, First Amendment

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Daniel Gaspar

Ontario, Canada Court of Appeal Agrees “For Cause” Termination Provision Was Unenforceable Because it Did not Comply with ESA’s Minimum Standards

Applying prior precedent, the Court of Appeal for Ontario (OCA) in Dufault v. Ignace (Township), 2024 ONCA 915, upheld the Ontario Superior Court of Justice’s (OSCJ) finding that the “for cause” termination provision in an… more

Canada, Employer Liability Issues, Employment Contract, Employment Standards Act, Hiring & Firing

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Yvette Gatling

DOL Proposes Rule to Reinstate Companionship & Live-in Exemptions from Minimum Wage and Overtime for Third-Party Employers

On July 2, 2025, the U.S. Department of Labor’s Wage and Hour Division issued a proposed rule that would reinstate the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Healthcare Workers, Home Health Care

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Shanthi Gaur

Latest Updates to Illinois Personnel Records Review Act

The Illinois state legislature has once again amended the Personnel Records Review Act (the “Act”), imposing new obligations on employers navigating personnel record requests. Effective January 1, 2025, HB 3763 requires those… more

Amended Legislation, Employees, Employer Liability Issues, Hiring & Firing, Illinois

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Jo Gbujama

July is the New January – New State Laws Do Not Take the Summer Off

It used to be that employers had the luxury of waiting until January 1 to be vigilant for new employment laws and compliant challenges. For the past several years, we have reported on employment and labor laws taking effect… more

Compensation & Benefits, Coronavirus/COVID-19, Corporate Counsel, Employee Benefits, Employer Liability Issues

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Tessa Gelbman

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to… more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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Gerald Griffiths

Ontario, Canada Appellate Court Provides Guidance to Employers on How to Draft Employment Settlement Documents

The Court of Appeal for Ontario found that settlement documents signed after an employee separated from employment prevented him from suing for the value of vested stock options… more

Canada, Employer Liability Issues, Employment Contract, Employment Litigation, Former Employee

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Michaela Gerlach

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Lance Gibbons

EEOC Provides Additional Guidance on EEO-1 Component 2 Information

Now that the 2018 EEO-1 Component 1 filing deadline has passed, employers have been anxiously awaiting additional information on the requirements for filing 2017 and 2018 Component 2 compensation data due September 30, 2019… more

Compensation & Benefits, Corporate Counsel, Data Collection, EEO-1, Employer Liability Issues

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Darren Gibson

OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI

After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial… more

Affirmative Action, Civil Rights Act, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions

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Jacob Gibson

Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable. On September 4, 2024,… more

Employment Contract, GA Supreme Court, Georgia, Non-Compete Agreements, Non-Solicitation Agreements

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Andre Gieseler

Coalition Agreement 2025: New German Government's Plans for Labor and Employment Laws

At a Glance - A new coalition agreement between Germany's Christian Democratic Union and the Social Democratic Party contains several labor and employment law proposals. Provisions in the agreement address skilled worker… more

Collective Bargaining, Employment Policies, EU, Foreign Workers, Immigration Procedures

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Jaclyn Giffen

The Sixth Circuit Rules on Arbitration Clause Enforcement

The U.S. Court of Appeals for the Sixth Circuit has ruled that an arbitration provision in a plaintiff’s employment contract is binding and enforceable, even if the employer did not explain the provision or recommend the… more

Arbitration, Arbitration Agreements, Contract Terms, Corporate Counsel, Dispute Resolution

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James Gilbert

California Supreme Court Confirms Applicability of Derivative Waiting Time Penalty and Wage Statement Claims for Meal and Rest Period Violations

In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and… more

Adverse Employment Action, CA Supreme Court, Class Action, Derivative Suit, Employer Liability Issues

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Lukasz Gilewski

Colorado Enacts Increased Wage Act Penalties and Enforcement, Allows Local Governments to Increase Tip Credit

Colorado has enacted House Bill 25-1001, which significantly amends the state’s wage and hour laws by enhancing enforcement mechanisms, expanding employer liability, and strengthening employee protections. The law will take… more

Employee Rights, Employer Liability Issues, Independent Contractors, Misclassification, New Legislation

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Margaret Gillespie

Are We There Yet? California Appellate Court Rules There Is No Statutory Cap for Pregnancy-Disability Leave

The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21,… more

Appeals, California Family Rights Act (CFRA), Disability, Disability Leave, FEHA

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Richard Gillespie

A PPP Dilemma: Can Employers Exclude Employees Who Refuse to Return to Work from their Loan Forgiveness Calculation?

One of the most enticing reasons to obtain a loan under the Paycheck Protection Program (PPP) is the potential for the loan’s forgiveness. The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act authorized the… more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Federal Loans, Loan Forgiveness

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Lola Gillet

Belgian Courts Are Confronted with Their Jurisdictional Limitations When Presiding over Cases Involving an Employer’s Obligation to Record Working Time

In its landmark ruling on May 14, 2019, the European Court of Justice held that the European Working Time Directive (Directive 2003/88) and the Charter of Fundamental Rights of the European Union (Article 31) is opposed to any… more

Belgium, Court of Justice of the European Union (CJEU), Employer Liability Issues, EU, EU Directive

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Birgitte Gingold

Washington State Institutes Supplemental Paid Sick Leave Requirement for Food Production Workers

On August 13, 2020, Governor Jay Inslee issued Proclamation 20-67: Food Production Workers Paid Leave. Proclamation 20-67 modifies previous proclamations to prohibit any food production employer from continuing to operate… more

Agribusiness, Coronavirus/COVID-19, Food Manufacturers, Food Supply, Infectious Diseases

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Gary Glaser

NY Attorney General Schneiderman Declares “War” on Non-Compete Agreements That He Perceives as Overbroad

In an initiative that is virtually without precedent in New York, in the past two months (June 15, June 22 and August 4) Attorney General Schneiderman announced agreements with three separate companies in three different… more

Attorney General, Competition, Corporate Counsel, Employees, Employer Liability Issues

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Grant Goerke

Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and Tax… more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Illinois

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Ajay Gogna

Proposed Rule Expands HRA Usage and Forecasts Safe Harbors for ACA Employer Mandate Compliance

The Departments of the Treasury, Labor, and Health and Human Services (collectively, the “Departments”) recently released a proposed rule to expand the use of health reimbursement arrangements (HRAs) and other account-based… more

Affordable Care Act, Comment Period, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Chris Gokturk

EEOC Requests OMB Approval for 2024 EEO-1 Reporting Cycle and Updates to Form 462

Each year companies across the United States await the EEOC portal opening date so that they can manage and plan their resources to meet the deadline to file their EEO-1 form—a report required by the Equal Employment Opportunity… more

Diversity, EEO-1, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Executive Orders

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David Goldstein

OFCCP Seeks Input on Revised Complaint Forms

Having recently announced a resumption of its processing of complaints alleging discrimination on the basis of disability or veteran status, the Office of Federal Contract Programs (OFCCP) published a notice in the Federal… more

Comment Period, Department of Labor (DOL), Disability Discrimination, Employment Discrimination, Executive Orders

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Rebecca Goldstein

New York Proposes Chapter Amendment to Retail Worker Safety Act, Including Sweeping Changes to the Panic Button Requirement

As of February 4, 2025, the New York Senate and Assembly approved a Chapter amendment to the Retail Worker Safety Act (the “Act”), a law that has drawn much attention and caused consternation among employers, legal… more

Employee Rights, Employees, Employment Policies, New York, Regulatory Requirements

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James Golicz

Connecticut Supreme Court Significantly Shifts Workers’ Compensation Benefits

The Connecticut Supreme Court recently ruled in Gardner v. Department of Mental Health and Addiction Services that Workers’ Compensation Administrative Law Judges (ALJs) can award ongoing temporary partial disability (TPD)… more

Administrative Law Judge (ALJ), Appeals, Connecticut, Employer Responsibilities, Employment Litigation

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Michelle DiCuollo

Montana Legalizes Marijuana for Recreational Use and Will Protect Lawful Off-Work Use

Montana Governor Greg Gianforte recently signed two bills designed to establish the framework for recreational cannabis and to begin to implement Constitution Initiative 118 (CI-118) and Initiative 190 (I-190), which were… more

Corporate Counsel, Drug Testing, Employment Policies, Marijuana, Recreational Use

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Alejandro Trejos Gómez

COSTA RICA: COVID-19 (Coronavirus) – Employer FAQs

Given COVID-19’s rapid spread and implications, employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, privacy of employees’ health information, compensation, and… more

Anti-Discrimination Policies, Best Practices, Business Continuity Plans, China, Coronavirus/COVID-19

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Gayle Gonda

New Law Governs Immigrant Worksite Enforcement Actions in California

On October 5, 2017, California Governor Jerry Brown signed into law Assembly Bill 450 (“AB 450”), imposing new requirements for public and private employers regarding immigration worksite enforcement actions by Immigration and… more

Business Interruption, Deportation, Employer Liability Issues, Employment Eligibility Verification, Form I-9

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David Leal González

México: Incremento al valor de la Unidad de Medida y Actualización (UMA) para el 2025

El 10 de enero de 2025, el Instituto Nacional de Estadística y Geografía (INEGI) publicó los nuevos valores para la Unidad de Medida y Actualización (en adelante “UMA”) que entrarán en vigor el 1 de febrero de 2025, de acuerdo… more

Compliance, Employee Benefits, Employee Rights, Employment Contract, Employment Policies

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José Maymí-González

Littler Global Guide - Puerto Rico - Q4 2021

Governor Issues New Executive Order Providing for New Vaccination Mandates - New Order or Decree - On November 15, 2021, Puerto Rico’s Governor issued Executive Order No. 2021-075 (EO 2021-075), which integrates prior… more

Arbitration Agreements, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates

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Rosa Goodman

New Employment Legislation in Maryland: Essential Updates

The Maryland legislature addressed a wide array of labor and employment law topics this session. The laws discussed were signed into law by Governor Moore and become effective in 2024 on the dates noted. This article… more

Employer Liability Issues, Hiring & Firing, Labor Reform, Maryland, New Legislation

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Van Allyn Goodwin

California Supreme Court Expands the Reach of the California Prevailing Wage Law

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined. This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and… more

CA Supreme Court, Labor Code, Labor Regulations, Prevailing Wages, Wage and Hour

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Andrés C. Gorbea-Del Valle

Puerto Rico: Breach of Contract Claims in the COVID-19 Age and the “Force Majeure” Defense: Considerations for Employers

The term “force majeure” takes us on a trip down memory lane to the law school classroom where our contracts professor spoke of antiquated doctrines of limited practical use. Or so we thought. As the COVID-19 outbreak continues… more

Act of God, Boilerplate Language, Business Interruption, Collective Bargaining Agreements (CBA), Contract Disputes

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Philip Gordon

Automated Decisionmaking Technology, Risk Assessments, Cybersecurity and More: Implications of the Proposed CCPA Regulations for Employers

On November 22, 2024, the California Privacy Protection Agency (CPPA) formally proposed new regulations implementing the California Consumer Privacy Act (CCPA). Although the CCPA itself and previous CCPA regulations largely… more

Artificial Intelligence, Automation Systems, California, California Privacy Protection Agency (CPPA), Cybersecurity

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Kimberly Gost

New Pennsylvania COVID-19 Grant Program Helps Employers Provide Hazard Pay to Employees in Life-Sustaining Occupations

On July 16, 2020, Pennsylvania Governor Tom Wolf announced the COVID-19 PA Hazard Pay Grant Program—a $50 million grant aimed to help employers provide hazard pay to “front-line” employees working in sectors that are vital to… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Workers, Hazard Pay, Operators of Essential Services

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Adam Gottschalk

NLRB Drops its “Subgroup Majority Status” Test to Determine Whether Faculty are Exempt Managerial Employees

On February 19, 2021, the National Labor Relations Board (Board) modified its test for determining whether faculty at private colleges and universities should be excluded as managerial employees from the right to union… more

Educational Institutions, Exempt-Employees, Faculty, Labor Relations, NLRA

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Michael Gotzler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance of Gig Platform Model

In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently, on… more

Biden Administration, Department of Labor (DOL), Economic Realities Test, Fair Labor Standards Act (FLSA), Gig Economy

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Theo Gould

New York City’s Safe Hotels Act Creates New Obligations for Hotel Owners and Operators

On Monday, November 4, 2024, New York City Mayor Eric Adams signed the Safe Hotels Act into law. The Act imposes several new requirements on owners and operators of New York City hotels, with additional obligations for larger… more

Anti-Retaliation Provisions, City of New York, Employee Training, Hospitality Industry, Hotels

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Jakub Grabowski

Littler World Cup Matchups Part 5: Whistleblower Protections

Welcome back to our World Cup series, where we compare various aspects of labor and employment law in some of the participating countries. We kicked off Parts One and Two of this series with vacation and sick leave entitlements… more

Anti-Retaliation Provisions, Employees, Employer Liability Issues, Federal Labor Laws, Internal Reporting

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Kristine Grady Derewicz

Third Circuit Permits Teaching Hospital Resident to Bring Retaliation Suit under Title IX

For the first time, the Third Circuit Court of Appeals found that Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., applies to medical residency programs. Relying on extensive Supreme Court precedent and… more

Appeals, Civil Rights Act, Educational Institutions, Hospitals, Retaliation

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Eric Graffeo

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… more

Compensation & Benefits, Coronavirus/COVID-19, Corporate Counsel, Employee Benefits, Executive Compensation

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Bryan Gramlich

OSHA Issues Final Rule Rescinding Certain Recordkeeping Requirements and Clarifying Guidance on Drug Testing and Incentive Programs

The Occupational Safety and Health Administration (OSHA) recently issued a final rule rescinding major portions of its electronic reporting rule. Specifically… more

Electronic Filing, Employer Liability Issues, Final Rules, OSHA, Reporting Requirements

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Lise Gran

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Roger Grandgenett II

Nevada Ends Public Accommodations COVID-19 Paid Leave

The requirement for covered public accommodations facilities in Nevada’s Clark and Washoe Counties to provide paid time off for employees experiencing COVID-19 symptoms or who have been exposed to COVID-19 expired May 17, 2023… more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Nevada, New Guidance

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Andrew Gray

New Year, New Data Protection Laws: What Employers Should Know

With the governor’s signing of New Jersey’s privacy law on January 16, 2024, New Jersey became the 14th U.S. state to pass a comprehensive data protection law. This accelerating legislative trend may have employment counsel and… more

Consumer Privacy Rights, Cybersecurity, Data Management, Data Privacy, Data Protection

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Philip Gray

“Show Me the Money” – the EU Pay Transparency Directive Comes into Effect

A new EU Directive on pay transparency came into force earlier this month. Member States have until June 7, 2026 to introduce new legislation to give effect to the Directive. European employers should take note as the Directive… more

Employer Liability Issues, Equal Pay, EU, EU Directive, Gender-Based Pay Discrimination

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Victoria Gray

Seventh Circuit Rules Age Bias Protections Don’t Extend to Prospective Employees For Disparate Impact Claims

A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination… more

ADEA, Age Discrimination, Appeals, Disparate Impact, Employer Liability Issues

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Brittany Green

IRS Ruling Clarifies Employment Tax Implications of Paid Family and Medical Leave Programs

The IRS’s recently released Revenue Ruling 2025-4 provides significant guidance on the employment tax treatment of contributions to and benefits paid under state paid family and medical leave (PFML) programs. This has been an… more

Compliance, Corporate Taxes, Employee Benefits, Employment Tax, Family Medical Leave

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Joseph Greener

Updates to DC Tipped Wage Workers Amendment Act

The District of Columbia’s Tipped Wage Workers Fairness Amendment Act (TWWFAA) continues to be a big talking point for the hospitality industry. Among other things, the TWWFAA requires D.C. employers that employ a tip credit for… more

Employer Liability Issues, Employment Policies, Labor Reform, Labor Regulations, Sexual Harassment

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Chad Greeson

AB 1731 Offers Much-Needed Reforms to California’s Work Sharing Program

Signed into law on September 28, 2020, AB 1731 moves California’s work sharing program into the 21st century by mandating an online application process and specific deadlines for delivering claim forms. Work sharing is an… more

Coronavirus/COVID-19, EDD, Employer Liability Issues, Flexible Work Arrangements, Furloughs

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Michael Gregg

California District Court Refuses to Enjoin Hazard Pay Ordinance

A growing number of cities in California, including Oakland, Long Beach, Montebello, West Hollywood and San Leandro, have recently enacted ordinances requiring large grocery and/or drug stores to pay specified workers premium… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Workers, Grocery Store Workers, Grocery Stores

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Greg Harold Greubel

Philadelphia’s “Fair Workweek” Ordinance Will Impose Scheduling and Hiring Restrictions on Large Retail, Hospitality and Food Service Establishments

On December 6, 2018, the Philadelphia City Council passed the Fair Workweek Employment Standards Ordinance, to become effective on January 1, 2020… more

Covered Employees, Fair Workweek, Food Service Workers, Hiring & Firing, Hospitality Industry

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Petra Greuter

The Netherlands: Monitoring Discrimination When Recruiting and Selecting Employees

Equal opportunity in the job market is not yet a given for everyone in the Netherlands; discrimination when recruiting and selecting new employees still occurs. The bill to oversee equal opportunities for recruitment and… more

Employer Liability Issues, Employment Discrimination, Equal Opportunities, EU, Hiring & Firing

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Dr. Thomas Griebe

Littler World Cup Matchups Part 4: Drug and Alcohol Testing

Over the course of the World Cup, we have been publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. Parts One and Two of this series examined timeouts… more

Drug Testing, Employees, Employer Liability Issues, Employment Policies, International Labor Laws

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Kevin Griffith

SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law

The SEC continues to review non-disclosure agreements and other confidential business information provisions of publicly traded companies to ensure whistleblowers are not restricted from freely communicating with the agency… more

Cease and Desist Orders, Civil Monetary Penalty, Confidential Information, Employees, Employer Liability Issues

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Lisa Griffith

New York Significantly Expands Workers’ Compensation Coverage for Work-Related Stress Claims

On December 6, 2024, Governor Kathy Hochul signed new legislation, S.6635/A.5745, to support employees facing job-related mental health issues. The law, which went into effect on January 1, 2025, will allow any employee to file… more

Compliance, Employee Benefits, Employer Liability Issues, Employment Litigation, Mental Health

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Ryan Griffitts

Louisiana “Stay at Home” Proclamation, Effective March 23 – What Does it Mean for Employers?

On Sunday, March 22, 2020, Louisiana Governor John Bel Edwards issued a statewide “Stay at Home” Proclamation that goes into effect at 5:00 p.m., Monday, March 23, 2020. The Proclamation requires all individuals in the State of… more

Coronavirus/COVID-19, Essential Functions, Governor Bel Edwards, Shelter-In-Place

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Adele Hamnes Grønneberg

Norway: Sexual Harassment of Female Soccer Players – What it Is and What Can Be Done to Prevent it

Recent news highlights that sexual harassment is a widespread problem for female soccer players in Norway. In fact, every sixth player at the top level of women’s soccer in Norway has experienced inappropriate behavior from… more

Athletes, Corporate Culture, Employees, Employer Liability Issues, Hostile Environment

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Lucas Gropengießer

Overtime Pay for Part-Time Workers: Legal Clarity from Germany's Highest Labor Court

The German Federal Labor Court (Bundesarbeitsgericht, or “BAG”) has ruled that part-time employees must be treated the same as full-time employees when it comes to overtime pay. Any differentiation must be backed by a strong… more

Employee Rights, Employees, Employment Discrimination, Employment Policies, Equal Pay

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Barbara Gross

OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI

After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial… more

Affirmative Action, Civil Rights Act, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions

See all updates »

Michael Grosso

New Jersey Issues a New Posting Concerning Worker Misclassification

Earlier this year, Governor Murphy signed a package of legislation aimed at tightening worker misclassification enforcement in New Jersey. One of these new measures, Assembly Bill 5843, established a new posting requirement for… more

Employee Definition, Employer Liability Issues, Gig Economy, Independent Contractors, Misclassification

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Mark Grushkin

Cybersecurity Considerations for Employers Sponsoring ERISA Plans

In its most recent step to combat cybersecurity risks to employee benefit plans, the U.S. Department of Labor (DOL) clarified on September 6, 2024, that its guidance on cybersecurity applies to health and welfare plans as well… more

Benefit Plan Sponsors, Compensation & Benefits, Cybersecurity, Data Protection, Department of Labor (DOL)

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Elena Guerrera

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Priya Gupta

California Law Imposes New Disclosure Obligations on Employers Conducting Voluntary Child Labor Audits

On September 22, 2024, California Governor Gavin Newsom signed into law Assembly Bill 3234 (“AB 3234”), which requires employers to disclose the results of audits on child labor practices. Specifically, effective January 1,… more

Audits, California, Child Labor, Compliance Management Systems, Disclosure Requirements

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Joseph Gusmano

New York Court Issues Temporary Restraining Order in Connection with the Single Statewide Fiscal Intermediary Program

Earlier this week, New York State and Public Partnerships LLC (PPL), the entity selected to become the Statewide Fiscal Intermediary (SFI) as of April 1, 2025, suffered another roadblock in their efforts to transition New… more

Health Care Providers, Home Health Care, Medicaid, Personal Assistants, Preliminary Injunctions

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David Haase

BIPA’s Devastating Effects on Illinois Businesses

As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the… more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employee Privacy Rights

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Jawid Habib

The Zone of Special Danger: Employing Local Nationals on U.S. Bases Overseas

Companies providing services on U.S. military bases overseas are probably familiar with the Defense Base Act (DBA), a comprehensive federal workers’ compensation scheme providing medical and income benefits to injured workers… more

Administrative Law Judge (ALJ), Corporate Counsel, Disability Benefits, Employer Liability Issues, Employment Litigation

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Emily Haigh

FCC Takes Aim at Media Companies’ IE&D Efforts

Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts… more

Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Enforcement Actions

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Emilie Hammerstein

Allegheny County, Pennsylvania Joins the Jurisdictions Requiring Paid Sick Leave: What Does the New Law Require and What Steps Can Employers Take to Prepare?

Nearly two-and-a-half years after it was originally proposed, the Allegheny County Council passed a Paid Sick Leave law (the “Act”) in September 2021 to require employers to provide certain employees in Allegheny County with up… more

Labor Reform, Labor Regulations, Local Ordinance, Paid Leave, Paid Sick Leave

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Bradford Hammock

OSHA Announces Increased Focus on Heat-Related Hazards

In recent weeks, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has signaled efforts to increase its scrutiny of work activities that may expose workers to heat-related hazards… more

Construction Site, Employer Liability Issues, Health and Safety, Heat Exposure, Labor Reform

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Joshua Hammond

Delaware Supreme Court Upholds Forfeiture for Competition Provisions, Holding Departed Partners Bargained Away Their Right to Have Their Cake and Eat It, Too

On January 29, 2024, the Delaware Supreme Court unanimously reversed a major Delaware Chancery Court decision that had analyzed the “forfeiture for competition” provisions in a limited partnership agreement using a traditional… more

Competition, DE Supreme Court, Forfeiture Statutes, Limited Partnership Agreements, Restrictive Covenants

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Ryan Hammond

Washington Senate Bill 5041 Expands Unemployment Benefits to Striking and Locked-Out Workers

Washington recently became the third state in the nation—joining New York and New Jersey—to offer unemployment benefits to workers on strike or locked out by their employers. Under the newly signed Senate Bill 5041, eligible… more

Employee Benefits, Employer Responsibilities, Labor Disputes, New Legislation, Reporting Requirements

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Theresa Hammond

Tennessee’s Latest Guidance on COVID-19 Isolation and Quarantine

The Tennessee Department of Health has released guidelines on the length of isolation necessary for those who have contracted COVID-19 (referred to clinically in the guidance as “a Case”) and the length of quarantine for those… more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Public Health

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Elizabeth Hanford

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… more

Anti-Discrimination Policies, Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues

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Matthew Hank

Decision by Federal Court in Pennsylvania Questions Prevailing View that Judicial Approval is a Prerequisite to Settling Individual FLSA Claims

Since the Eleventh Circuit decided Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must seek… more

Department of Labor (DOL), Employment Litigation, Fair Labor Standards Act (FLSA), FRCP 41, Judicial Review

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Bryce Hanks

Oregon Announces Coming Rule for Weekly Tests of Unvaccinated Healthcare Workers

On August 4, 2021, Oregon Governor Kate Brown announced that the Oregon Health Authority (OHA) will create a rule requiring healthcare workers to submit to weekly COVID-19 testing if they are not vaccinated. Based on the… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Responsibilities, Healthcare Workers

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Andro Hannoush

Maine Legislative Roundup: New Employment Laws Were Enacted This Session

The First Special Session of the 131st Maine Legislature included debate about more than 2,000 bills. Many that were adopted will impact employers in the Pine Tree State… more

Employees, Employer Liability Issues, Labor Reform, New Legislation, State Labor Laws

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Kaitlyn Hansen

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Maria Nordahl Hansen

EU Elections Tracker

Elections took place across the European Union from 6 – 9 June 2024. Every five years, European Union citizens elect their representatives as Members of the European Parliament (MEPs). A total of 720 MEPs were elected in June… more

EU, General Elections, International Labor Laws, Labor Reform

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Melissa Harclerode

OSHA Shifts Position on Recordability of Adverse Reactions from COVID-19 Vaccines

In a dramatic shift in its enforcement position with respect to the recordability of adverse reactions from COVID-19 vaccines, the Occupational Safety and Health Administration (OSHA) on May 21, 2021, published a new Frequently… more

Coronavirus/COVID-19, Infectious Diseases, OSHA, Vaccinations, Workplace Safety

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Tiana Harding

California Supreme Court Affirms Good-Faith Efforts May Shield Employers in Wage Statement Lawsuits

In a favorable ruling for employers defending against wage statement compliance claims, the California Supreme Court in Naranjo v. Spectrum Services Inc. (Naranjo) settled an age-old dispute by determining that an employer that… more

CA Supreme Court, California, Employer Liability Issues, Employment Litigation, Good Faith

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Kerry Hardman

NYS Legislature Increases Daily Jury Duty Fee From $40 to $72

For the first time in decades, the New York State Legislature and governor amended Sections 519 and 521 of the Judiciary Law, to increase the daily rate of pay for trial and grand jurors serving in New York State, from $40 to… more

Amended Legislation, Employee Rights, Employer Liability Issues, Employer Responsibilities, Jury Duty

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Trevor Hardy

Cleveland Adopts Salary History and Transparency Law

On April 28, 2025, the Cleveland, Ohio City Council adopted Ordinance 104-2025, which requires employers with at least 15 employees in Cleveland to include salary ranges in job postings and prohibits inquiring about an… more

Disclosure Requirements, Employee Rights, Employer Responsibilities, Hiring & Firing, Minimum Salary

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Joseph Harkins

The Heavy Burden of Light Duty: Young v. UPS

On March 25, 2015, the U.S. Supreme Court issued its much-anticipated decision in Young v. UPS, which employer and employee groups alike hoped would clarify whether employers must provide light duty and other workplace… more

Essential Functions, Legal History, PDA, Pregnancy Discrimination, Reasonable Accommodation

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A. John Harper III

If You Want the Benefits of an Arbitration Agreement, Say So

Companies that utilize third-party staffing vendors should take stock of the Fifth Circuit’s decision in Hiser v. NZone Guidance, L.L.C.1 The March 24, 2020 opinion, applying Texas law, reinforces that both contract language,… more

Arbitration, Arbitration Agreements, Employment Contract, Fair Labor Standards Act (FLSA), Third-Party

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Jennifer Harpole

Colorado Enacts Increased Wage Act Penalties and Enforcement, Allows Local Governments to Increase Tip Credit

Colorado has enacted House Bill 25-1001, which significantly amends the state’s wage and hour laws by enhancing enforcement mechanisms, expanding employer liability, and strengthening employee protections. The law will take… more

Employee Rights, Employer Liability Issues, Independent Contractors, Misclassification, New Legislation

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Dylan Harriger

Connecticut Governor Nixes Unemployment Compensation for Strikers

On June 23, 2025, Connecticut Governor Ned Lamont vetoed the state legislature’s latest attempt to provide unemployment compensation benefits to strikers. The vetoed bill, entitled “An Act Concerning Protection for Workers and… more

Connecticut, Employee Benefits, Employee Rights, Governor Vetoes, Labor Relations

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Maria Harrington

Los Angeles County Enacts Paid Vaccine Leave Ordinance

On May 18, 2021, the Los Angeles County Board of Supervisors enacted an urgency ordinance that, under certain circumstances, requires all private employers to provide paid leave so employees can receive COVID-19 vaccine… more

Coronavirus/COVID-19, Employee Rights, Infectious Diseases, Labor Regulations, Local Ordinance

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Paul Harrison

UK Employment Rights Bill: What Employers Need to Know About the Proposed Changes to Collective Redundancies

The Labour Government's Employment Rights Bill (ERB) will introduce the most far-reaching changes to UK employment law in a generation. Key aims of the ERB and other employment law reforms set out in their Plan to Make Work pay… more

Collective Bargaining, Employee Rights, Employees, Employer Responsibilities, Employment Litigation

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Benjamin Hart

California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage… more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Rest and Meal Break

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James Hart

New California Law Prohibits Choice of Law and Venue in Employment Contracts

On September 25, 2016, Governor Brown signed into law a new California Labor Code provision (Section 925) that is likely to have major repercussions for contracts with employees who live and work primarily in California. The… more

Arbitration, Arbitration Agreements, Choice-of-Law, Contract Terms, Employment Contract

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Barry Hartstein

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Richard Harvey

Littler World Cup Matchups Part 6: Harassment

The World Cup quarter finals are close at hand. We have been following the games with our own matchups, comparing labor and employment laws of participating countries. Referees have borne the brunt of player ire over the course… more

Employees, Employer Liability Issues, International Labor Laws, Sexual Harassment, Workplace Harassment Guidance

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Jeremy Hawpe

Fifth Circuit Rules on Tip Pooling

In Montano v. Montrose Restaurant Associates, Inc., the U.S. Court of Appeals for the Fifth Circuit was presented with what may seem like an easy issue: does including a “coffeeman” in a tip pool invalidate the tip credit? The… more

Appeals, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Resorts & Restaurants, Restaurant Industry

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Laura Hayward

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. While the outcome… more

Ballot Measures, California, Employees, Minimum Wage, Over-Time

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Austin Hee

How Does the New York State Fashion Workers Act Affect Industry Employers and Models?

With the passage of the New York State Fashion Workers Act, New York is set to regulate the working conditions of fashion industry professionals and the conduct of employers in the fashion, entertainment, and retail industries… more

Employees, Employment Contract, Fashion Industry, Labor Reform, Modeling

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Wouter Heere

Bereavement Leave Bill Introduced in the Netherlands

A bill introducing a right to bereavement leave was submitted this summer in the Netherlands. The following is a brief outline of this proposal… more

Bereavement Leave, Compensation & Benefits, Employee Benefits, Employees, Employer Liability Issues

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Nanna Heisel

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Maximilian Adrian Heite

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Alexandra Hemenway

California Superior Court Grants Class Certification in Equal Pay Case

On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100 female… more

Affirmative Defenses, Class Action, Class Certification, Disparate Impact, Employer Liability Issues

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Christopher Henderson

With American Steel, Micro-Units Are Again a Likely Possibility

After a year of consideration including amicus briefs on the matter, the National Labor Relations Board (Board) revived another Obama-era precedent in a decision issued December 14, 2022. In American Steel, 372 NLRB No. 23, the… more

Bargaining Units, Employees, Employer Liability Issues, Federal Labor Laws, Labor Reform

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Tyler Henderson

Canada: Government Announces Canada Emergency Response Benefit (CERB) to Support Workers and Businesses during COVID-19 Pandemic

On March 25, 2020, the Government of Canada announced the Canada Emergency Response Benefit (CERB) to support workers and businesses during the COVID-19 pandemic… more

Canada, Coronavirus/COVID-19, Financial Stimulus, Relief Measures, Unemployment Insurance

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Gregory Henninger

Express Yourself – Supreme Court Rules that Businesses May Deny “Expressive Services” to the Public Based on Their Owner’s Beliefs

On June 30, 2023, the Supreme Court issued its decision in 303 Creative, LLC v. Elenis. In a 6-3 opinion authored by Justice Gorsuch, a divided Supreme Court held that the First Amendment’s free speech protection bars Colorado… more

303 Creative LLC v Elenis, Discrimination, First Amendment, Free Speech, Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission

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S. Libby Henninger

DOL Withdraws Rule Aimed at Eliminating Subminimum Wages for Workers with Disabilities

On July 7, 2025, the U.S. Department of Labor (DOL) formally withdrew its Notice of Proposed Rulemaking (NPRM) that would have amended 29 C.F.R. part 525 by phasing out the issuance of certificates authorizing subminimum wages… more

Biden Administration, Department of Labor (DOL), Disabilities, Disability Discrimination, Fair Labor Standards Act (FLSA)

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Corentin Henry

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Orly Henry

Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The Amendment… more

Amended Regulation, Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy

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Brian Hentosz

DOL Issues Opinion Letter Addressing Requirements of the “Amusement or Recreational Establishment” Exemption

On January 15, 2021, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to the… more

Amusement Parks, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Wage

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Valeria Hernandez

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Vanessa Marzán-Hernández

Hurricane Maria's Aftermath, Part II: Puerto Rico Government Provides Various Exemptions and Extensions to Multiple Upcoming Deadlines

In the aftermath of Hurricane Maria's catastrophic impact on Puerto Rico, in order to assist in rebuilding and recovery, Puerto Rico’s governor and several agencies have issued multiple exemptions to previously established rules… more

Administrative Orders, Building Permits, Construction Industry, Construction Project, Critical Infrastructure Sectors

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Ángel Herrera

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Danielle Herring

Congress Considers Banning Discretionary Clauses in ERISA Plans

On May 12, 2022, the “Employee and Retiree Access to Justice Act” was introduced in the House of Representatives by Mark DeSaulnier (D-CA). Senator Tina Smith (D-MN) introduced a companion bill in the Senate. The bill seeks to… more

Arbitration, Discretionary Clauses, Employee Benefits, Employee Retirement Income Security Act (ERISA), Proposed Legislation

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Dr. Rajko Herrmann

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Michelle Heverly

"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation

A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not… more

Automotive Industry, Class Action, Collective Bargaining, Minimum Wage, Piece-Rate Pay

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Patrick Hicks

Tectonic Shift Affecting Enforcement of Noncompetition Agreements Emanates from the 2017 Nevada Legislative Session and Passage of AB 276

Nevada noncompetition law has historically had few seismic shifts, which changed in 2016 when the Nevada Supreme Court issued its opinion in Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). That case sent… more

Blue Pencil Contract Modification, Employment Contract, Hiring & Firing, New Legislation, Non-Compete Agreements

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Gabriela Hidalgo

Update on Resumption of Global Travel During the COVID-19 Pandemic

On October 25, 2021, President Biden issued a presidential proclamation revoking prior proclamations restricting country-by-country travel into the United States. The new proclamation, which took effect on November 8, 2021,… more

Biden Administration, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Foreign Nationals, Infectious Diseases

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Alison Hightower

Ninth Circuit Holds Employers May Provide a Standalone Background Check Disclosure Concurrently With Other Documents

On April 24, 2020, the Ninth Circuit held that the Fair Credit Reporting Act (FCRA) permits an employer to provide job applicants with a background check disclosure document at the same time the employer provides job applicants… more

Background Checks, Criminal Background Checks, Disclosure Requirements, Employer Liability Issues, Fair Credit Reporting Act (FCRA)

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Richard Hill

California Supreme Court Expands the Reach of the California Prevailing Wage Law

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined. This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and… more

CA Supreme Court, Labor Code, Labor Regulations, Prevailing Wages, Wage and Hour

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Katherine Hinde

In a Special Meeting, Cal/OSHA Withdraws Revised Proposal to Re-adopt COVID-19 Emergency Temporary Standards

On June 3, 2021, the Cal/OSHA Standards Board adopted an updated version of the Emergency Temporary Standard (ETS) that phased out certain face covering and physical distancing requirements found in the November 30, 2020 version… more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

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Eric Hoffman

Georgia Department of Labor Revises Employers’ Obligations for Filing Partial Unemployment Claims

On July 17, 2020, the Georgia Department of Labor issued updated emergency Rules concerning unemployment benefits in light of the ongoing COVID-19 pandemic. The new Rules went into effect on July 19 and continue through November… more

Coronavirus/COVID-19, Emergency Rule, Relief Measures, Unemployment Benefits, Unemployment Insurance

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John Hofstetter

Tenth Circuit Affirms Summary Judgment Due to Plaintiff’s Failure to Sufficiently Establish Existence of Trade Secrets

The Tenth Circuit’s recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity and offering… more

Appellate Courts, Confidential Information, Defend Trade Secrets Act (DTSA), Employment Litigation, Evidence

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Christine Hogan

An Unemployment Insurance Roadmap for New York Employers

During the current COVID-19 crisis, over one million New Yorkers have applied for unemployment insurance (UI) and New York State has paid out over $7 billion in benefits. Despite these numbers, many employers do not understand… more

CARES Act, Coronavirus/COVID-19, Federal Pandemic Unemployment Compensation (FPUC), Pandemic Unemployment Assistance (PUA), Unemployment Benefits

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Margaret Parnell Hogan

New FAQs Clarify Colorado Emergency Paid Sick Leave Rules

The Colorado Department of Labor and Employment released new FAQs to clarify requirements under the Colorado Health Emergency Leave with Pay (“Colorado HELP”) Rules, issued on March 11, 2020, that require certain employers to… more

China, Coronavirus/COVID-19, Crisis Management, Educational Institutions, Emergency Management Plans

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West Holden

Florida’s CHOICE Act Offers Employers Two New Types of Agreements to Prevent Unfair Competition by Highly Compensated Former Employees

On June 18, 2025, the Florida legislature presented Governor Ron DeSantis with the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. It is expected that Governor DeSantis will… more

Employees, Employer Responsibilities, Employment Contract, Florida, Highly Compensated Employees

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Sarah Holler

Biden Administration Issues New Executive Order to Restrict International Travel in Response to Omicron Variant of COVID-19

Between January 25, 2020 and February 29, 2020, the former administration issued three separate executive orders restricting travel from China, South Africa, Brazil, the Republic of Ireland, the United Kingdom, and the Schengen… more

Biden Administration, Coronavirus/COVID-19, Foreign Nationals, Foreign Workers, Immigration Procedures

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Sarah Holly

Canada: Off-Duty Sexual Harassment May Still Trigger a Duty to Investigate

In a significant decision for employers, the Ontario Court of Appeal in Metrolinx v. Amalgamated Transit Union, Local 1587, upheld the Divisional Court’s ruling that quashed an arbitrator’s decision reinstating five employees… more

Appeals, Canada, Employee Rights, Employer Responsibilities, Employment Litigation

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Matthew Holmes

OSHA Renews its National Emphasis Program on Amputations in the Manufacturing Industry

The U.S. Department of Labor’s Occupational Safety and Health Administration renewed its National Emphasis Program on Amputations in Manufacturing Industries (NEP) on June 27, 2025, superseding the prior version. This new NEP… more

Employee Training, Employer Responsibilities, Enforcement Actions, Manufacturers, New Guidance

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Michelle Holmes

Workplace Violence Prevention Strategies in a Time of Political and Social Unrest

Tensions appear to be running hot across the nation during this polarized election season and time of political and social unrest. Concerns around racial injustices, police reform, responses to and mitigation of the spread of… more

Employer Liability Issues, Employer Responsibilities, OSHA, Political Campaigns, Race Relations

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Thomas Holt

California and Washington Issue Vaccine Mandates — Frontrunners in What Appears to Be a Growing Trend

On July 26, 2021, California Governor Gavin Newsom announced that his state will require all state employees and healthcare workers to provide proof of vaccination or be subject to regular COVID-19 testing. On August 5, 2021,… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Mandates, Health and Safety

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John Hong

New Year’s Resolution: Developing a Universal Paid Sick & Safe Time Policy

Developing a paid sick and safe time (PSST) policy that complies universally – or at the very least with two laws – has become increasingly challenging. Without fail, and despite some overlap, each new law seems to contain one… more

Domestic Violence, Earned Sick Time, Employer Liability Issues, Employment Policies, Local Ordinance

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Soowon Hong

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Isa Hooijmaijers

The Netherlands: Those Who Do Not Provide Clear Information Pay the Price

An employer in the Netherlands has to inform an employee in writing or electronically of the key terms of employment, including any bonus plan, within one month of starting work. This obligation to provide information ensues… more

Bonuses, Burden of Proof, Contract Disputes, Contract Interpretation, Employee Benefits

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Lisa Kathleen Horgan

The California Stay At Home Order – Breaking It Down

Updated March 23, 2020: On March 22, 2020, the Public Health Department revised the list of “Essential Critical Infrastructure Workers,” highlighting the need for employers to keep abreast of the quickly evolving legal… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Governor Newsom

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Michael Hornback

Kentucky Enacts Pregnant Workers Act, Requiring Reasonable Accommodations for Pregnant and Lactating Employees

Kentucky Governor Matt Bevin (R) recently signed the Pregnant Workers Act, SB 18, to provide pregnancy-related accommodations for employees in the Bluegrass State… more

Anti-Retaliation Provisions, Breastfeeding, Employee Rights, Employer Liability Issues, New Legislation

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James Horton

Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and… more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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Hannah Camilleri Hughes

New Obligations for Frontline Sector Employers through Minnesota’s Frontline Worker Pay Program

On April 29, 2022, Minnesota Governor Tim Walz signed S.F. No. 2677 (2022) into law. This law authorizes bonus payments to Minnesotans who worked in frontline sectors during the COVID-19 peacetime emergency. This so-called… more

Bonuses, Employer Liability Issues, Essential Workers, Labor Reform, Relief Measures

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Michael Hui

San Francisco Enacts “Tourist Hotel” Ordinance Requiring New Cleaning and Disinfecting Protocols and Prohibiting Retaliation

“Tourist hotels” in San Francisco must soon comply with Ordinance No. 208-20 enacted on October 9, 2020, which establishes cleaning and disease prevention standards and practices to help contain COVID-19… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Hospitality Industry, Hotels

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Angela Huisingh

In Advance of July 1 Compliance Deadlines, Chicago Agency Posts Updated Guidance and Notices for the City’s Minimum Wages, Paid Leave, Fair Workweek Thresholds, and Required Notices

The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently posted updates to its website regarding minimum wage obligations, paid leave and paid sick and safe leave, new… more

City of Chicago, Deadlines, Employer Liability Issues, Fair Workweek, Labor Reform

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Erik Hult

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior… more

Administrative Appointments, Administrative Law Judge (ALJ), Article II, Canning v NLRB, Federal Vacancies Reform Act

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Dr. Ferdinand Hultzsch

Skilled Labor Shortage in Germany – Creative Solutions for Retaining Key Employees and Attracting New Ones

In Germany there are currently more job vacancies than ever before. The shortage of skilled workers has arguably become the biggest brake on the economy. This is reason enough to take a look at possible solutions from an… more

Employee Retention, Employees, Employer Liability Issues, Germany, Hiring & Firing

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César Gonzáles Hunt

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Ashton Hupman

D.C. Circuit Issues Mixed Ruling Regarding Major Provisions of the NLRB’s 2019 Election Rule

On January 17, 2023, a divided D.C. Circuit panel struck down three provisions of the National Labor Relations Board’s 2019 final rule on representation case procedures related to union elections, while upholding two challenged… more

Employee Rights, Labor Relations, NLRA, NLRB, Union Elections

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Shannon Huygens

OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI

After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial… more

Affirmative Action, Civil Rights Act, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions

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Joon Hwang

Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable

Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute. Even upon the issuance of the arbitrator’s… more

Arbitration, Arbitration Agreements, Employment Contract, Employment Litigation, Federal Arbitration Act

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Jeannine Idrissa

Just in Time for the Holidays, New Brunswick Gives the "Gift" of Paid Sick/Safe Time

On December 17, 2015, New Brunswick, New Jersey passed a sick and safe leave ordinance that provides up to 40 hours of paid sick and safe leave to employees beginning on January 6, 2016. Although there are similarities between… more

Employee Benefits, Posting Requirements, Sick Leave, Wage and Hour

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Asher Iduoze

Littler Global Guide - United Kingdom - Q4 2021

Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in… more

Appeals, Collective Bargaining, Coronavirus/COVID-19, Employees, Employer Liability Issues

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Jeffrey Iles

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… more

Anti-Discrimination Policies, Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues

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Tasha Inegbenebor

Georgia Pushes Forward: Latest Order Offers Detailed Reopening Steps and A Preview for Other States

On April 23, 2020, Governor Brian Kemp signed an Executive Order (Order) relaxing the statewide Shelter in Place Order issued on April 2, 2020, and providing additional guidance related to the performance of work for Critical… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Re-Opening Guidelines, State and Local Government

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G. Bethany Ingle

Virginia’s Legislative Session Concludes with a Handful of New Employment Laws

The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes some… more

Confidentiality Agreements, Employee Rights, Employees, Labor Reform, Minimum Wage

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Marissa Ingley

Illinois Equal Pay Certification: A Practical Guide for Employer Compliance

The Illinois Department of Labor recently published final regulations governing the new requirements for employers to comply with the Illinois Equal Pay Act Amendments (the “EPA Amendments”) signed into law by Governor Pritzker… more

Employees, Employer Liability Issues, Equal Pay, Illinois, Labor Reform

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Jay Inman

Congress Passes Bipartisan Arbitration Limitation

Last week brought a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), which now heads to the… more

#MeToo, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

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Amanda Inskeep

Despite Pandemic, Chicago’s Fair Workweek Ordinance to Take Effect as Scheduled

Chicago passed the Chicago Fair Workweek Ordinance in July 2019. This Ordinance, which is set to take effect on July 1, 2020, requires covered employers to provide advance notice of work schedules to their covered employees,… more

Employee Rights, Employer Liability Issues, Fair Workweek, Local Ordinance, State and Local Government

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Kayvan Iradjpanah

California to Require Venture Capital Firms to Report Demographic Information

On October 8, 2023, California Governor Gavin Newsom signed Senate Bill 54 (SB 54), Fair Investment Practices by Investment Advisers, which requires venture capital firms to collect and report data on the demographic composition… more

California, Data Reporting, Employer Liability Issues, Investment Firms, Labor Reform

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Glorimar Irene-Abel

Puerto Rico Supreme Court: State Courts Lack Jurisdiction Over Labor Cases Governed by the NLRA

The Supreme Court of Puerto Rico recently issued an important decision limiting the role of Puerto Rico’s courts in labor complaints that involve conduct governed by the National Labor Relations Act (NLRA). In Rodríguez Vázquez… more

Employee Rights, Employment Litigation, Federal Labor Laws, Jurisdiction, Motion to Dismiss

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Judy Iriye

Hawaii's New “Captive Audience” Law: What Employers Need to Know

Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters. Hawaii recently joined several states,… more

Employee Rights, Employer Liability Issues, First Amendment, Free Speech, Hawaii

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Darren Isaacs

Court of Justice of the European Union Case on DSARs: Summary of Information Is Not Enough!

As many employers will be aware, data subject access requests (DSARs) can take up a significant amount of business resources and are a common tactic used by disgruntled employees. A recent decision from the Court of Justice of… more

Court of Justice of the European Union (CJEU), Data Collection, Data Privacy, Data Subject Access Requests, Data Subjects Rights

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Corinn Jackson

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to… more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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Courtney Jackson

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Valerie Jackson

Curb Your Remedial Enthusiasm – NLRB Acting General Counsel Offers Remedial Relief to Employers

On May 16, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum GC-25-06, calling for an efficient, practical approach to NLRB settlement agreements. Coming on the heels of Cowen’s prior… more

Biden Administration, Employee Rights, Employer Responsibilities, Labor Reform, New Guidance

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Christina Jacobson

Employers Have Until August 4 to Implement New OFCCP Disability Self-Identification Form

On May 8, 2020, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form for prospective and current employees to voluntarily self-identify as an individual with a… more

Affirmative Action, Disability, Federal Contractors, Hiring & Firing, OFCCP

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Cirrus Jahangiri

“It Ends with Us” Employment Litigation: Lessons for Hollywood Employers

Actor Blake Lively’s December 31, 2024, lawsuit against Wayfarer Studios, LLC, director and producer Justin Baldoni, and several others associated with the movie It Ends with Us has cast a spotlight on evolving employment law… more

Employee Misconduct, Employer Responsibilities, Employment Litigation, Entertainment Industry, Ethics

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Daniel Jaime

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Adrian Jakibchuk

Canada: Two Bills Amend Newfoundland and Labrador’s Labour Standards Act

On December 4, 2024, the following bills amending Newfoundland and Labrador’s Labour Standards Act (LSA) received Royal Assent and became effective… more

Canada, Employees, Employer Liability Issues, Employment Policies, International Labor Laws

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Nicola James

EU Pay Transparency Directive in Poland: What Does Pay Equality Mean for Employers and Employees?

The EU directive on pay transparency raises many concerns, primarily because its implementation may complicate Polish laws, which so far have not regulated the issue of pay equality in the same way that gender pay has long been… more

Employment Discrimination, Equal Pay, Equality Act, EU, Gender Discrimination

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Stacey James

New Amendments to California Bill Clarify Scope of Prohibition on Junk Fees for Restaurant Industry

On June 29, 2024, Governor Newsom signed into law an amendment to California Code 1770, clarifying the scope of SB 478. Under SB 478 and previously published guidance from the attorney general, California restaurants were… more

California, Fees, Goods or Services, Hospitality Industry, Regulatory Reform

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Natasha Jenkins

Illinois Equal Pay Certification: A Practical Guide for Employer Compliance

The Illinois Department of Labor recently published final regulations governing the new requirements for employers to comply with the Illinois Equal Pay Act Amendments (the “EPA Amendments”) signed into law by Governor Pritzker… more

Employees, Employer Liability Issues, Equal Pay, Illinois, Labor Reform

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Nathaniel Jenkins

A Temperature Check on States’ Reporting Time Pay Requirements in the Era of COVID-19

As many states ease their shelter-in-place orders across the country, businesses are slowly reopening to the public. Although businesses are anxious to open their doors, as employers, they are grappling with how to comply with… more

Coronavirus/COVID-19, Employer Responsibilities, Virus Testing, Wage and Hour, Workplace Safety

See all updates »

Yijee Jeong

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

See all updates »

Carlos Jimenez

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

See all updates »

August Johannsen

Natural Hairstyle Discrimination Protections Passed in Kentucky and Beyond

On May 12, 2023, Lexington became the fourth city in Kentucky to protect hairstyles under its local anti-discrimination ordinances. The Lexington CROWN Act (Ordinance No. 49-2023), an acronym for "Creating a Respectful and Open… more

Dress Codes, Employer Liability Issues, Employment Discrimination, Employment Policies, Hairstyle Discrimination

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Jacqueline Johnson

Maine and New Hampshire Join the Ranks of States Restricting Use of Noncompete Agreements – with Rhode Island on the Cusp

In recent weeks, Maine and New Hampshire each enacted a law prohibiting the use of noncompete agreements with lower wage earners. Shortly thereafter, on July 11, 2019, the Rhode Island legislature sent a similar bill to… more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Intellectual Property Protection

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Nancy Johnson

Strike Two… Eleventh Circuit Upholds Injunction Against Florida “Stop-WOKE” Law; Confirms the Law Violates First Amendment

Strike One… In 2021 Florida passed a unique law known as the Individual Freedom Act (IFA), or “Stop-WOKE” law (the state’s acronym for “Stop Wrongs to Our Kids and Employees”). The IFA contains two parts, one directed to… more

Anti-Discrimination Policies, Bias, Diversity and Inclusion Standards (D&I), Employee Training, Employer Liability Issues

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Dionysia Johnson-Massie

Escaping the “Upside Down” – Halting Florida's Stop WOKE Act

Two years ago, Florida became the center of widespread media attention with its enactment of a new law, which set out to curb training and teaching relating to inclusion, equity, and diversity (“IE&D”). Since then, there has… more

Anti-Discrimination Policies, Bias, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employee Training

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Ashley Jones

FCC Takes Aim at Media Companies’ IE&D Efforts

Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts… more

Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Enforcement Actions

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Harry Jones

Between a Rock and a Hard Place: Options for Texas Employers in the Face of COVID-19

As they struggle to stay afloat during this time of crisis, many employers are looking for legal, humane ways to cut costs, including in payroll and benefits. This article summarizes the current state of Texas law on these… more

Coronavirus/COVID-19, Early Retirement, EPSLA, Family and Medical Leave Act (FMLA), Furloughs

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Jennifer Jones

Illinois Makes Move to Ban Employer-Sponsored Meetings

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing… more

Anti-Retaliation Provisions, Employee Rights, Employees, Employer Liability Issues, First Amendment

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Russell Jones

Workplace Violence Prevention Strategies in a Time of Political and Social Unrest

Tensions appear to be running hot across the nation during this polarized election season and time of political and social unrest. Concerns around racial injustices, police reform, responses to and mitigation of the spread of… more

Employer Liability Issues, Employer Responsibilities, OSHA, Political Campaigns, Race Relations

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Earl Jones III

Department of Justice Releases Guidelines for Effective Corporate Compliance Programs

On May 1, 2019, the Criminal Division of the U.S. Department of Justice (DOJ) released updated guidance for prosecutors to utilize in assessing whether an organization had in place “an adequate and effective corporate compliance… more

Compliance, Cooperative Compliance Regime, Corporate Misconduct, Corruption, Criminal Investigations

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Anne Sweeney Jordan

San Francisco Bay Area Employers Must Comply with Commuter Benefits Program by September 30, 2014

Covered San Francisco Bay Area employers without an already-existing and compliant commuter benefits plan have until September 30, 2014, to select at least one of four commuter benefit options, notify employees of how to take… more

Commuter Tax Benefits, Commuting, Employee Benefits

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David Jordan

What Employers Need to Know About No Tax on Tips and No Tax on Overtime

On July 3, 2025, the U.S. House of Representatives narrowly passed H.R.1, the so-called “One Big Beautiful Bill Act,” ending a dramatic journey through Congress that dominated headlines in recent weeks. President Donald J. Trump… more

Employees, Fair Labor Standards Act (FLSA), Income Taxes, New Legislation, Over-Time

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Garrick Josephs

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”)… more

Employees, Hiring & Firing, Maryland, Private Right of Action, State Labor Laws

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Laura Jousselin

Littler 2023 European Employer Survey Report - November 2023

EXECUTIVE SUMMARY - After years of disruptions from the pandemic, artificial intelligence, shifting regulations and changing employee preferences, are European workplaces finally reaching a consensus on the “new normal”?… more

Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues, Environmental Social & Governance (ESG)

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Sebastian Juli

Germany: News on Disqualification Periods Following Termination Agreements

In Germany, employees frequently refuse to sign separation agreements for fear that the Employment Agency (Agentur für Arbeit) will disqualify them from receiving unemployment benefits. A revision of the Employment Agency's… more

Disqualification, Employment Contract, Germany, Good Cause, Hiring & Firing

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Amy Kabaria

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices. These tools can provide great value and efficiency across the… more

Algorithms, Artificial Intelligence, Bias, Data Collection, Data Protection

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Christopher Kaczmarek

Massachusetts Gets Transparent: FAQs Clarify the Commonwealth’s Pay Transparency Law

Massachusetts’ Executive Office of Labor and Workforce Development (LWD) recently published FAQs that provide guidance on the state’s new pay transparency law, formally titled the Frances Perkins Workplace Equity Act. The Act… more

Disclosure Requirements, Employee Rights, Equal Employment Opportunity Commission (EEOC), New Legislation, Pay Transparency

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David Kadela

Buyer Beware – Continuing Its Controversial Changes, NLRB Increases the Price Tag of a Successor's Unlawful Failure to Hire Its Predecessor's Employees

On September 30, 2014, the National Labor Relations Board overruled established precedent once again. The Board’s decision enhanced the liability to which a successor employer is exposed when it fails to hire employees of its… more

Anti-Union Actions, Discrimination, Employer Liability Issues, Hiring & Firing, NLRB

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Rachel Kaercher

Michigan Court Dismisses ERISA Class-Action

Fiduciaries of 401(k) and other retirement plans continue to be targeted by class action lawsuits brought under the Employee Retirement Income Security Act (ERISA) challenging fiduciary decisions regarding investment options and… more

Breach of Duty, Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fees

See all updates »

Franziska Kahlbau

Littler Global Guide - Germany - Q4 2021

Infection Protection Act Amended - New Legislation Enacted - According to the amendments to the Infection Protection Act, which came into force on November 24, 2021, and apply until March 19, 2022, employers and employees are… more

Coronavirus/COVID-19, Employer Liability Issues, EU, EU Directive, Germany

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Casey Kaiser

Wisconsin Supreme Court Tackles Thorny Contours of Arrest Record Discrimination

In a recent case, Oconomowoc Area School District v. Cota, the Wisconsin Supreme Court examined the definition of “arrest record” and the circumstances under which employers may lawfully consider arrest records in making… more

Arrest, Background Checks, Criminal Records, Employee Rights, Employment Discrimination

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Chad Kaldor

Washington Enacts Mini-WARN Act Requiring Notice Before Certain Layoffs and Closures

Washington will soon join the growing list of states that require employers to give 60 days’ advance notice to employees, unions, and the state for certain mass layoffs and business closures. On May 13, 2025, Governor Bob… more

Corporate Counsel, Damages, Employee Benefits, Employee Rights, Employment Policies

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Jacqueline Kalk

Nebraska Enacts Marketplace Network Platform Statute

On March 11, 2025, Nebraska passed a marketplace network platform statute that deems workers who use a marketplace network platform independent contractors under the state unemployment statute if certain conditions are met. The… more

Compliance, Employment Contract, Employment Policies, Gig Economy, Independent Contractors

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Karolina Kanclerz

Understanding Employment Terminations: A Comparative Analysis of the UK and Poland

Termination of employment contracts is a critical aspect of labor law in both the UK and Poland, ensuring that employers and employees alike are aware of their rights and obligations in the event of contract dissolution. While… more

Appeals, Dismissals, Employee Rights, Employees, Employment Contract

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Steven Kaplan

New Maryland Wage Laws Take Effect

On October 1, 2024, Maryland’s Pay Stub/Pay Statement and Pay Transparency laws went into effect. The laws were passed during the General Assembly’s 2024 legislative session and amended the state’s Wage Payment and Collection… more

Employees, Employer Liability Issues, Labor Reform, New Legislation, Payroll Records

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Sanika Karandikar

GDPR Day 2024: A Look at Past, Present and Future Developments in the UK

May 25th marked six years since the General Data Protection Regulation has been in effect. Since it was implemented, GDPR has been regarded as the gold standard for data protection legislation across the world… more

Artificial Intelligence, Compliance, Data Privacy, Data Protection, EU

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Shireen Karcutskie

After Brief COVID-Related Hiatus, Employers Face Return of Social Security Administration “No-Match” Letters

During the early months of the pandemic, the Social Security Administration (SSA) took a break from issuing “no-match” letters to employers. It appears that towards the end of 2020, however, the SSA has resumed this practice… more

Employer Liability Issues, Employment Eligibility Verification, Form I-9, Hiring & Firing, Immigration Procedures

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Erin Karnig

Illinois Equal Pay Certification: A Practical Guide for Employer Compliance

The Illinois Department of Labor recently published final regulations governing the new requirements for employers to comply with the Illinois Equal Pay Act Amendments (the “EPA Amendments”) signed into law by Governor Pritzker… more

Employees, Employer Liability Issues, Equal Pay, Illinois, Labor Reform

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Meg Karnig

In Advance of July 1 Compliance Deadlines, Chicago Agency Posts Updated Guidance and Notices for the City’s Minimum Wages, Paid Leave, Fair Workweek Thresholds, and Required Notices

The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently posted updates to its website regarding minimum wage obligations, paid leave and paid sick and safe leave, new… more

City of Chicago, Deadlines, Employer Liability Issues, Fair Workweek, Labor Reform

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Danielle Van Katwyk

Colorado Brings Significant Changes to Noncompete Agreements with Healthcare Providers and Minority-Interest Business Owners

Colorado recently enacted Senate Bill 25-083, significantly revising the rules governing noncompete and nonsolicit agreements in the state for those involved in the practice of medicine and other healthcare professions, as well… more

Colorado, Employment Contract, Healthcare, Minority-Owned Businesses, New Legislation

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Christoph Kaul

Overtime Pay for Part-Time Workers: Legal Clarity from Germany's Highest Labor Court

The German Federal Labor Court (Bundesarbeitsgericht, or “BAG”) has ruled that part-time employees must be treated the same as full-time employees when it comes to overtime pay. Any differentiation must be backed by a strong… more

Employee Rights, Employees, Employment Discrimination, Employment Policies, Equal Pay

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Eliza Kaye

OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI

After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial… more

Affirmative Action, Civil Rights Act, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions

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P. Sean Kearney

Cal/OSHA’s Non-Emergency COVID-19 Regulation Is Approved and in Effect for Next Two Years

On February 3, 2023, California’s Office of Administrative Law approved Cal/OSHA’s COVID-19 Non-Emergency Regulation (NER). The NER is now the operative COVID-19 regulation for most California employers. Cal/OSHA also released… more

Cal-OSHA, California, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues

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Gregory Keating

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information… more

Adverse Employment Action, Attorney-Client Privilege, Corporate Counsel, Corporate Misconduct, Employee Rights

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Merel Keijzer

Dutch court holds COVID-19 justifies rent reduction. Will the same reasoning apply to salaries?

The District Court of The Hague recently ruled that, because it is an unforeseen circumstance, the coronavirus crisis caused a fundamental imbalance in a lease agreement between a restaurant owner and the lessor. The court found… more

Coronavirus/COVID-19, Economic Downturn, Employer Liability Issues, Infectious Diseases, International Labor Laws

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Bradford Kelley

U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations

On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in connection… more

Department of Labor (DOL), Employer Liability Issues, Enforcement Actions, Fair Labor Standards Act (FLSA), Liquidated Damages

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Conor Kelly

The Zone of Special Danger: Employing Local Nationals on U.S. Bases Overseas

Companies providing services on U.S. military bases overseas are probably familiar with the Defense Base Act (DBA), a comprehensive federal workers’ compensation scheme providing medical and income benefits to injured workers… more

Administrative Law Judge (ALJ), Corporate Counsel, Disability Benefits, Employer Liability Issues, Employment Litigation

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Liseanne Kelly

California Extends COVID-19 Paid Sick Leave to Essential Food Sector Workers

On April 16, 2020, Governor Newsom signed Executive Order ("EO") N-51-20, which took immediate effect and requires certain food sector workers to receive COVID-19 supplemental paid sick leave (CPSL)… more

Coronavirus/COVID-19, Employer Liability Issues, Executive Orders, Food Service Workers, Restaurant Industry

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Maximiliane Kempermann

Works Councils and Social Media in Germany

Works councils in Germany have extensive "co-determination" rights—i.e., the right to participate in company management. Works councils serve as the representative body for employees in German workplaces. Once there are five or… more

Employee Rights, Facebook, Germany, LinkedIn, Performance Reviews

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Kyle Kennedy

Arkansas Bans Physician Non-Compete Agreements

On March 4, 2025, Arkansas Governor Sarah Huckabee Sanders signed into law Senate Bill 139, now Act 232 (the “Act”), which amends the state’s non-compete statute to provide that non-compete covenants that “restrict the right of… more

Employee Rights, Employment Contract, Employment Policies, Health Care Providers, Healthcare

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Paul Kennedy

Virginia Amends Threshold Compensation Level for Ban on Non-Competes for “Low-Wage Employees”

On March 24, 2025, Governor Glenn Youngkin signed into law legislation that amends the threshold compensation level of a “low-wage employee” with whom the Commonwealth restricts employers from entering into agreements not to… more

Employee Rights, Employer Responsibilities, Fair Labor Standards Act (FLSA), New Legislation, Non-Compete Agreements

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Francis Kenny

New Jersey Legislature Tells Employers: No Transparency? No Doing Business Here!

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… more

Disclosure Requirements, Hiring & Firing, Job Ads, Job Applicants, Pay Transparency

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Martha Keon

The City of Euless Repeals Texas’s Only Predictive Scheduling Ordinance

The Euless, Texas Fair Overtime and Scheduling Standards Ordinance that imposed predictive scheduling obligations on covered employers is no more. The Unusual Origin of the Ordinance… more

Employer Liability Issues, Employer Responsibilities, Over-Time, Texas, Wage and Hour

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Catherine Kerrebrouck

Belgium: Proposed Legal Framework Would Require Employers to Justify Dismissal of Contract Workers in the Public Sector

On January 18, 2024, the Belgium government submitted a draft law that would require employers to justify their decisions to dismiss contractual employees in the public sector. The draft law aims to implement the Act of 26… more

Belgium, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Kyllan Kershaw

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The memo… more

Collective Bargaining, Employer Liability Issues, Federal Labor Laws, Labor Law Violations, Labor Relations

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I. Michael Kessel

Federal Court Applies FAA Preemption in Refusing to Enforce New Jersey’s Ban on Mandatory Arbitration of Discrimination, Retaliation and Harassment Claims

As employers and employees alike continue to monitor and watch the landscape of alternative dispute resolution as a viable option (or not) in New Jersey, an important federal court decision was recently handed down… more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Employer Liability Issues

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Sandra Ketner

Nevada’s Continued Efforts to Increase the Minimum Wage

In 2006, Nevada’s Constitution was amended to establish a two-tier minimum wage system dependent upon whether an employer provides “health benefits” to its employees. This amendment, Section 16 of Article 15, is often referred… more

Legislative Agendas, Minimum Wage, Regulatory Standards, State and Local Government, State Constitutions

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Elaine Keyser

Conflict Between Florida Preemption Statute and Miami Beach Minimum Wage Ordinance Emerges Amidst Ongoing Litigation

A conflict between a Florida state preemption statute and the City of Miami Beach’s minimum wage ordinance is coming to bear. The end result of the pending litigation on the subject will likely determine the extent to which… more

Local Ordinance, Minimum Wage, Preemption, Wage and Hour

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Simerdip Khangura

A Rare Occurrence: California Court Overturns Arbitrator’s Award

California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions Code… more

Arbitration, Arbitration Agreements, Arbitration Awards, Breach of Contract, Confidential Information

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Saniya Khare

Michigan Legislature Passes Amendment to Elliott-Larsen Civil Rights Act to Protect LGBTQ Rights

On March 8, 2023, the Michigan House of Representatives passed a bill (S.B. 4) expanding the language of the Elliott-Larsen Civil Rights Act (ELCRA)’s protected categories to include sexual orientation and gender identity or… more

Gender Identity, LGBTQ, Sexual Orientation Discrimination, State Legislatures

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Richard Kienzler

Delaware Supreme Court Upholds Forfeiture for Competition Provisions, Holding Departed Partners Bargained Away Their Right to Have Their Cake and Eat It, Too

On January 29, 2024, the Delaware Supreme Court unanimously reversed a major Delaware Chancery Court decision that had analyzed the “forfeiture for competition” provisions in a limited partnership agreement using a traditional… more

Competition, DE Supreme Court, Forfeiture Statutes, Limited Partnership Agreements, Restrictive Covenants

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Daniel Kim

Chicago Rules and Ordinances Address COVID-19 Retaliation, Fair Scheduling Ordinance, and Disclosure Requirements for Third-Party Delivery Services

In the past two weeks, the city of Chicago has undertaken several actions related to the COVID-19 pandemic’s continued effects on the city. Specifically, the city is considering a proposed ordinance that would prohibit… more

Anti-Retaliation Provisions, Coronavirus/COVID-19, Employer Liability Issues, Fair Workweek, Wage and Hour

See all updates »

Jennifer Kim

Second Circuit Further Addresses the Pleading Standard for FLSA Overtime Claims

Nearly a decade ago, the U.S. Court of Appeals for the Second Circuit issued three decisions clarifying and tightening the standard for asserting plausible overtime claims under the Fair Labor Standards Act (FLSA) in the Second… more

Employees, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Richard Kim

New Maryland Wage Laws Take Effect

On October 1, 2024, Maryland’s Pay Stub/Pay Statement and Pay Transparency laws went into effect. The laws were passed during the General Assembly’s 2024 legislative session and amended the state’s Wage Payment and Collection… more

Employees, Employer Liability Issues, Labor Reform, New Legislation, Payroll Records

See all updates »

William Kim

Annual Report On EEOC Developments - Fiscal Year 2021

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC Developments—Fiscal… more

Annual Reports, Corporate Counsel, Diversity, EEO-1, Employer Liability Issues

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Diane Kimberlin

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated… more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employee Privacy Rights, Employer Liability Issues

See all updates »

Katherine Marie Kimsey

July is the New January – Employment and Labor Laws are Skipping Summer Vacation

Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. In 2019, we reported on scores of new laws that took… more

Ban the Box, Decriminalization of Marijuana, Distracted Driving, Electronic Disclosure, Employee Retirement Income Security Act (ERISA)

See all updates »

Allan King

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to… more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

See all updates »

Jessica Kingston

Michigan Legislature Passes Amendment to Elliott-Larsen Civil Rights Act to Protect LGBTQ Rights

On March 8, 2023, the Michigan House of Representatives passed a bill (S.B. 4) expanding the language of the Elliott-Larsen Civil Rights Act (ELCRA)’s protected categories to include sexual orientation and gender identity or… more

Gender Identity, LGBTQ, Sexual Orientation Discrimination, State Legislatures

See all updates »

Alice Kirkland

Denying The Existence of a Bargaining Impasse Doesn’t Make It True, at Least Not in the D.C. Circuit

On June 13, 2025, the D.C. Circuit refused to enforce an “irrational” Board order finding an employer violated its duty to bargain by declaring impasse. By declaring impasse, the employer sought to implement its last, best, and… more

Administrative Law Judge (ALJ), Appeals, Collective Bargaining, Employment Litigation, Federal Labor Laws

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Joshua Kirkpatrick

New Edgewater, Colorado Minimum Wage Ordinance Highlights Compliance Challenge

The Colorado locality of Edgewater—which borders Denver and has a population of around 5,000—has enacted its own local minimum wage ordinance, which takes effect January 1, 2024. The new law demonstrates how challenging… more

Colorado, Employer Liability Issues, Labor Reform, Labor Regulations, Local Ordinance

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Andrea Kirshenbaum

Dear Littler: How Do We Handle Drug or Alcohol Impairment in the Workplace?

Dear Littler: We are a manufacturing company with facilities in multiple states. We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use. We are… more

Americans with Disabilities Act (ADA), Artificial Impairment, Drug & Alcohol Abuse, Employees, Employer Liability Issues

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Danielle Kitson

OSHA’s Final Rule on Crystalline Silica Standards

Earlier this year, the Occupational Safety and Health Administration (OSHA) published its long-awaited final rule (https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-04800.pdf) setting new workplace permissible exposure limits… more

Construction Industry, Final Rules, Hazardous Substances, Maritime Transport, OSHA

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Andrew Klaben-Finegold

Time Matters: Understanding Los Angeles County’s New Fair Workweek Law

Los Angeles County, California, recently joined the cities of Los Angeles, Berkeley, San Francisco, San Jose and Emeryville, California; New York City; Philadelphia; Chicago; Seattle; and Oregon as jurisdictions that have… more

California, City of Los Angeles, Employee Rights, Employees, Enforcement Actions

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Jen Klein

U.S. Employers Expect Significant Impact From Regulatory Shifts on Immigration and Inclusion, Equity & Diversity, Littler Survey Shows

(May 7, 2025) – As U.S. employers adapt to wide-ranging executive orders, sweeping changes at federal agencies and a growing patchwork of state and local regulations, they are bracing for further challenges over the next… more

Artificial Intelligence, Corporate Counsel, Diversity, Diversity and Inclusion Standards (D&I), Employee Rights

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Kim Kleinert

Who Enjoys Special Protections Against Dismissal in Germany?

German labor law is known beyond its borders for its far-reaching protection against dismissals. It may be common knowledge that if an employee has been employed for more than six months and there are over 10 employees regularly… more

Employees, Employer Liability Issues, Germany, Hiring & Firing, International Labor Laws

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Dr. Thorben Klopp

European Whistleblowing Directive: Many EU member states missed the implementation deadline – Is your company prepared?

On December 17, 2021, when the deadline for implementing the EU Whistleblowing Directive expires – or, at the latest, when corresponding national whistleblower protection laws come into force – member states of the European… more

Anti-Retaliation Provisions, Corporate Counsel, Employer Liability Issues, EU, EU Directive

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Alexis Knapp

The Littler Annual Employer Survey Report - May 2025

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and local… more

Discrimination, Diversity, Diversity and Inclusion Standards (D&I), Employer Responsibilities, Executive Orders

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Blaze Knott

COVID-19 Update for Georgia Employers

Over the past month, the state of Georgia has enacted several measures, largely affecting unemployment and business operations, in response to COVID-19. The following provides an update on these statewide developments… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues, Re-Opening Guidelines

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Tedd Kochman

Pencils, Paper, and Now NLRA Legal Protections – New General Counsel Memorandum Provides College Student Athletes with a Very Significant New “School Supply”

On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are employees… more

Colleges, Compensation & Benefits, Employee Definition, Employee Rights, Labor Reform

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Colleen Koehler

The Heat Is On – New Mexico Proposes Heat Illness Prevention Rule

The New Mexico Environment Department’s Occupational Health and Safety Bureau has proposed a Heat Illness and Injury Prevention (HIIP) rule with a contemplated effective date of July 1, 2025. If adopted, the HIIP rule will… more

Employee Training, Employment Policies, Heat Exposure, Proposed Rules, Regulatory Agenda

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Marine Koenig

Cross-Border Legal Perspectives: Comparing the UK’s and France’s Approaches to Probation and Dismissals in Early Employment

What is changing in the UK? When an employer is considering dismissing an employee, the first question any UK employment lawyer will ask is: Does the employee have less than two years’ service? This is because UK employees… more

Employee Rights, Employer Liability Issues, Employment Litigation, Hiring & Firing, Labor Regulations

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Alice Kokodis

Massachusetts Employers: Include Lie Detector Notice in Your Job Applications

Massachusetts law, G.L. c. 149, § 19B, has long banned the use of lie detector tests in employment, and since 1986, also states that employers should provide affirmative notice on all job applications regarding the use of lie… more

Artificial Intelligence, Employee Rights, Employer Responsibilities, Employment Litigation, Employment Policies

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Kevin Kraham

Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and… more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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Wendy Medura Krincek

Total Recall? Key Takeaways on the Nevada Hospitality and Travel Workers Right to Return Act

The Governor of Nevada recently signed into law Senate Bill 386, which is Nevada’s version of the trending “return to work” or “right to recall” laws being passed in other jurisdictions throughout the country in response to the… more

Airports, Coronavirus/COVID-19, Critical Infrastructure Sectors, Employee Retention, Furloughs

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Bonnie Kristan

Ohio’s “Stay Safe” Order Effective May 1, 2020—What it Means for Employers

On Thursday, April 30, 2020, Ohio’s Director of the Department of Health, Dr. Amy Acton, signed a “Stay Safe” Order, which lifts certain restrictions from Ohio’s prior “Stay-at-Home” Orders. The Order sets out a plan to start… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Responsibilities

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Bradley Krupicka

Don’t Get Caught by Surprise – Oregon’s Workplace Fairness Act Provisions Take Effect October 1, 2020

The final provisions of Oregon’s Workplace Fairness Act (OWFA) go into effect on October 1, 2020—less than a month away. All employers doing business in Oregon will need to make changes to their harassment policies and… more

Anti-Discrimination Policies, Anti-Harassment Policies, Hiring & Firing, Labor Regulations, New Legislation

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Anthony Kuchulis

Oregon Announces Coming Rule for Weekly Tests of Unvaccinated Healthcare Workers

On August 4, 2021, Oregon Governor Kate Brown announced that the Oregon Health Authority (OHA) will create a rule requiring healthcare workers to submit to weekly COVID-19 testing if they are not vaccinated. Based on the… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Responsibilities, Healthcare Workers

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Barry Kuretzky

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when they… more

Breach of Contract, Canada, Contract Terms, Damages, Employee Rights

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Matthew Kurlinski

New Wisconsin Law Provides Immunity from COVID-19 Liability, With Limited Exceptions

On February 25, 2021, Wisconsin enacted a new law designed to help reduce ambiguity regarding COVID-19-related liability. The statute (Wis. Stat. § 895.476), which became effective on February 27, 2021, gives certain entities… more

Civil Liability, Coronavirus/COVID-19, Employer Liability Issues, Immunity, Infectious Diseases

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Casey Kurtz

DOL Issues Three Opinion Letters Regarding Employer Designation of FMLA Leave, Bonuses to Employee Volunteers, and Compensation of Residential Janitors

The U.S. Department of Labor's Wage and Hour Division (WHD) issued three new opinion letters on March 14, 2019… more

Bonuses, Community Service, Compensation & Benefits, Department of Labor (DOL), Exempt-Employees

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Melissa Kurtzman

Ten Common Benefits Issues Related to the COVID-19 Pandemic, Employee Furloughs and Reductions in Force

There are many more than 10 issues that are of concern to employers in connection with the current crisis. Nevertheless, employers are dealing with certain recurrent matters… more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Disaster Aid, Distribution Rules

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Nicole Ladner

OFCCP Issues Directives Aimed at Maximizing Efficiency in Compliance Evaluations and Clarifying the Ombudsman Role

On April 17, 2020, the Office of Federal Contract Compliance Programs (OFCCP) issued three new directives… more

Cooperative Compliance Regime, Federal Contractors, OFCCP

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Elizabeth Lalik

Virginia’s New “Vulnerable Victim” Law Increases Employers’ Potential for Vicarious Liability in Personal Injury and Wrongful Death Suits Against Employees

A new Virginia law, effective July 1, 2025, adds Section 8.01-42.6 to the Virginia Code to address employers’ vicarious liability for their employees’ tortious conduct in personal injury and wrongful death lawsuits brought by a… more

Bodily Injury, Employees, Employer Liability Issues, Employer Responsibilities, Employment Litigation

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Max Lamcken

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

On October 7, 2024, National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued GC Memorandum 25-01, consisting of two parts. First, the GC urges the NLRB to provide make-whole relief to employees if the Board… more

Employment Contract, Federal Labor Laws, NLRA, NLRB, NLRB General Counsel

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Lioba Lamers

Skilled Labor Shortage in Germany – Creative Solutions for Retaining Key Employees and Attracting New Ones

In Germany there are currently more job vacancies than ever before. The shortage of skilled workers has arguably become the biggest brake on the economy. This is reason enough to take a look at possible solutions from an… more

Employee Retention, Employees, Employer Liability Issues, Germany, Hiring & Firing

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Charlotte Lamont

New Mexico Will Join the Growing List of States Where Recreational Marijuana is Legal

On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed two bills into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal records… more

Adverse Employment Action, Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Employment Policies

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Jody Landry

California Law Extends Workplace Discrimination Prohibition to Stalking Victims and Imposes New Reasonable Accommodation Requirement

California Governor Jerry Brown recently signed into law Senate Bill No. 400 (SB 400), which expands the state's current employment discrimination protections to victims of stalking. Effective January 1, 2014, SB 400 amends… more

Americans with Disabilities Act (ADA), Crime Victims, Discrimination, DLSE, Domestic Violence

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Francesca Lanpher

San Francisco Releases “Back to Work” Layoff Notice and Related Guidance

On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) formally issued its guidance on the Temporary Right to Reemployment Following Layoff Due to the COVID-19 Pandemic Emergency Ordinance (also… more

Coronavirus/COVID-19, Employer Responsibilities, Layoffs, Local Ordinance, Re-Opening Guidelines

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Paul Lantis

Pennsylvania Supreme Court Expands Ability of Certain Employees to Bring Discrimination and Harassment Retaliation Claims under Whistleblower Law

On June 16, 2020, the Pennsylvania Supreme Court opened a new avenue for employees to file retaliation claims. In a majority decision, the court held that the Pennsylvania Human Relations Act (PHRA) is not the only pathway for… more

Employer Liability Issues, Employment Litigation, Hiring & Firing, Labor Law Violations, PA Supreme Court

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John Lassetter

New Minnesota Meal and Rest Break Requirements

On June 14, 2025, Minnesota’s governor signed an omnibus bill, SF 17, which includes amendments to the state’s meal and rest break requirements found at Minnesota Statute Sections 177.253 and 177.254… more

Employee Benefits, Employee Rights, Employer Responsibilities, New Legislation, New Regulations

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Elliott Lauder

COVID-19: What has changed for employers since March?

The short answer is that a lot has changed since March. Employers and HR professionals have had to grapple with perhaps the most sudden and unexpected changes to employment law seen for many years. Furlough, working from home,… more

Coronavirus/COVID-19, Corporate Counsel, Furloughs, Holidays, Infectious Diseases

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Jaime Laurent

Los Angeles Publishes “Model Contract” Under Freelance Workers Protections Ordinance

On August 7, 2024, the City of Los Angeles unveiled its “Model Contract” under the Freelance Workers Protections Ordinance (FWPO). This ordinance, which took effect on July 1, 2023, was designed to bolster protections for… more

California, City of Los Angeles, Employee Definition, Employer Liability Issues, Freelance Workers

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Maureen Lavery

Ones To Watch: Legislation Landscape for 2025

Three months into the new legislative year, with all but a handful of state legislatures currently in session, several employment law trends for 2025 have emerged. Some of the more significant trends reflect the country’s social… more

Diversity and Inclusion Standards (D&I), E-Verify, Employment Discrimination, Executive Orders, Fair Labor Standards Act (FLSA)

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Rachael Lavi

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

On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. The… more

Class Action, Dismissal With Prejudice, Employees, Employer Liability Issues, Employment Litigation

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Anne Sanchez LaWer

The Parity Paradox: MHPAEA Compliance for Employers and Insurers During the 2024 Enforcement Pause

The U.S. Departments of Labor, Health and Human Services, and Treasury have announced that they will pause enforcement of the 2024 Mental Health Parity and Addiction Equity Act (MHPAEA) Final Rule (the “2024 Final Rule”) for 18… more

Consolidated Appropriations Act (CAA), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues

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Taylor Lawson

Annual Report on EEOC Developments - Fiscal Year 2023

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

ADEA, Americans with Disabilities Act (ADA), Annual Reports, Civil Rights Act, Corporate Counsel

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Anthony de Sam Lazaro

E-Verify Procedures During the Government Shutdown

When the federal government partially shut down on December 22, 2018, so did E-Verify, the online system for verifying a new hire’s eligibility to work. Employers that are obligated to or have chosen to use E-Verify have… more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Federal Budget, Federal Funding

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Joseph Lazazzero

Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information… more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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Lorraine Le Guyader

2024 Summer Olympics Series: France

The 2024 Summer Olympic Games begin Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their… more

Employee Rights, Employees, France, International Labor Laws, Labor Relations

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Janet Leader

New Federal Fair Chance Act Applies to Federal Contractors and Agencies

On December 20, 2020, the president signed legislation, the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which includes the federal Fair Chance Act (“the Act”). The Act prohibits federal contractors that have… more

Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks, Criminal Records

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William Leahy

Pennsylvania Expands Definitions of Race, Sex and Religious Creed in Human Relations Act

On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved amendments to the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act regulations to add a… more

Anti-Discrimination Policies, Employer Liability Issues, Employment Policies, Labor Reform, LGBTQ

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Richard Leasia

California Supreme Court Expands the Reach of the California Prevailing Wage Law

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined. This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and… more

CA Supreme Court, Labor Code, Labor Regulations, Prevailing Wages, Wage and Hour

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M. Levy Leatherman

Louisiana “Stay at Home” Proclamation, Effective March 23 – What Does it Mean for Employers?

On Sunday, March 22, 2020, Louisiana Governor John Bel Edwards issued a statewide “Stay at Home” Proclamation that goes into effect at 5:00 p.m., Monday, March 23, 2020. The Proclamation requires all individuals in the State of… more

Coronavirus/COVID-19, Essential Functions, Governor Bel Edwards, Shelter-In-Place

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Henry Lederman

Supreme Court Upholds Lawfulness of Class and Collective Action Waivers in Arbitration Agreements

The Supreme Court has weighed in: class and collective action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act (FAA)… more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Epic Systems Corp v Lewis, Ernst & Young v Morris

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Betty Lee

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Theodora Lee

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent… more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Vanessa Lee

Littler Lightbulb: Paid Leave Policies & Practices

With the number, type, and scope of paid leave laws constantly expanding, employers may struggle to adapt successfully and quickly to the changing legal landscape… more

Employee Rights, Employer Liability Issues, Employment Policies, Labor Regulations, Paid Leave

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Nicole LeFave

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict… more

Adverse Employment Action, Civil Rights Act, Disparate Treatment, Employment Discrimination, Employment Litigation

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Tracy Leidner

California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such use… more

California, Employee Rights, Employer Liability Issues, Employment Policies, FEHA

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Ellen Lemire

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment… more

Anti-Retaliation Provisions, Background Checks, Corporate Counsel, Credit Reports, Employee Credit Checks

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Matthew Lerner

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Shirley Lerner

Minnesota Wage Theft Law Update

Minnesota’s wage theft law, which largely went into effect on July 1, 2019, created new documentation and recordkeeping requirements for employers, including a required written notice that must be distributed to employees and… more

Criminal Penalties, Employer Liability Issues, Labor Law Violations, Labor Regulations, New Legislation

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Dagmar Lessnau

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Gordon Letter

Los Angeles, California Adopts Rules to Implement Supplemental Paid Sick Leave Order

At 9:15 p.m. on April 7, 2020, Los Angeles Mayor Eric Garcetti issued an emergency order that immediately required certain employers to provide supplemental paid sick leave (SPSL)… more

Coronavirus/COVID-19, Local Ordinance, Sick Leave, Sick Pay

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Lawrence Levien

The Emergency Pension Plan Relief Act Proposes a Bailout of Struggling Multiemployer Pension Plans

House Education and Labor Chairman Bobby Scott (D-VA) recently introduced legislation that seeks to rescue multiemployer pension plans (MEPs) facing insolvency. Entitled the Emergency Pension Plan Relief Act (EPPRA), the bill… more

Employee Benefits, Insolvency, Legislative Agendas, Multiemployer Plan, Pensions

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Jonathan Levine

NLRB Jettisons 76-Year-Old Precedent Covering Workplace Meetings

Since 1948, Section 8(c) of the National Labor Relations Act (NLRA) had been interpreted to protect the First Amendment right of employers to bring employees together to exchange views, arguments, and opinions about… more

Employee Rights, Employer Liability Issues, First Amendment, Labor Regulations, Labor Relations

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Joshua Levine

California Supreme Court Clarifies Requirements of Commissioned Employee Exemption

In recent years there has been substantial litigation regarding whether and how employers may satisfy California minimum wage requirements for compensation plans involving commissions. In Peabody v. Time Warner Cable, Inc., the… more

Corporate Counsel, Employer Liability Issues, Exempt-Employees, Minimum Wage, Putative Class Actions

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Alan Levins

Self-Driving Trucks and Labor Law—A Look Ahead

Welcome to the future: The year is 2020 and an organized—i.e., unionized trucking company—“L2M2” has announced it is acquiring a convoy of autonomously powered—i.e., “self-driving”—transportation vehicles… more

Artificial Intelligence, Automation Systems, Collective Bargaining Agreements (CBA), Commercial Truck Drivers, Driverless Cars

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Rhonda Levy

Ontario, Canada Human Rights Tribunal Dismisses Probationary Employee’s Discrimination Claim

In Karim v. Workplace Safety and Insurance Board, 2024 HRTO 1231, the Human Rights Tribunal of Ontario (HRTO) dismissed a probationary employee’s claim that they were discriminated against with respect to employment because of… more

Canada, Disability Discrimination, Discrimination, Employee Rights, Employees

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Chelsea Lewis

Reopening Florida: The Step-by-Step Plan for Florida’s Recovery

The impacts of COVID-19 have been felt in every corner of Florida and have dramatically affected the way that we do business, the way we interact, and the way we live. This article offers guidance on Florida’s progress toward… more

Amusement Parks, Child Care, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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Christopher Lewis

Mississippi Legalizes Medical Cannabis

On February 2, 2022, Mississippi became the latest state to create a medical marijuana law. The Mississippi Medical Cannabis Act (MMCA) became effective immediately upon Governor Tate Reeves’s signature. Prior to enacting the… more

Adverse Employment Action, Employer Liability Issues, Employment Policies, Marijuana, Medical Marijuana

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Gary Lieberman

The Legislative and Ballot Initiative Landscape in Massachusetts

The Massachusetts legislature has introduced a series of employment- and labor-related bills that, if enacted, will require employers across the Commonwealth to establish, revisit or revise policies and practices. In addition,… more

Ballot Measures, Employer Liability Issues, Hiring & Firing, Labor Reform, Pending Legislation

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Fleur van Lieshout

The Netherlands: Rules Implementing NOW 2.0 Wage Subsidy Program Released

In May, the Dutch government extended until October 1, 2020, the economic relief package related to the coronavirus crises, known as the NOW 2.0 scheme. Under this wage subsidy program, businesses that suffer at least a 20% loss… more

Coronavirus/COVID-19, Eligibility, Layoffs, Netherlands, Relief Measures

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Kevin Lilly

California Supreme Court Stabilizes the Law in California Misclassification Class Action Cases

In a long-awaited decision, the California Supreme Court in Duran v. U.S. Bank National Association, S200923 (May 29, 2014), clarified California's standard for certifying class actions in employee misclassification cases. In… more

Class Action, Comcast, Comcast v. Behrend, Dukes v Wal-Mart, Employer Liability Issues

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Jessica Lim

Looking Ahead to 2025 – A New Era of Employment Law in the UK

As 2024 comes to an end, we reflect on the year's developments and turn our attention to the significant employment law changes that await UK employers in 2025 and beyond… more

Employee Rights, Employer Responsibilities, Hiring & Firing, Holiday Pay, Labor Reform

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Catherine Lindemann

Seventh Circuit Holds Failure to Conciliate is Not a Defense Available to Employers in Litigation with the EEOC

In EEOC v. Mach Mining, LLC, the Seventh Circuit became the first federal circuit to foreclose an employer's ability to use the implied affirmative defense that the Equal Employment Opportunity Commission (EEOC) failed to… more

Affirmative Defenses, Discrimination, Equal Employment Opportunity Commission (EEOC), Title VII

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Laura Lindner

Wisconsin Supreme Court Ends Required Deference to State Administrative Agencies' Interpretations, Allowing Employers to Push for Broader Review of Agency Decisions

The Wisconsin Supreme Court recently reversed its nearly half-century practice of deferring to state administrative agencies’ interpretations of the laws the agencies are responsible for enforcing… more

Administrative Interpretation, Administrative Proceedings, WI Supreme Court

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Michael Link

PBGC Issues Proposed Rule on Withdrawal Liability Actuarial Interest Rate Assumptions

On October 14, 2022, the Pension Benefit Guaranty Corporation (PBGC), the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the Employee Retirement Income Security Act of… more

Comment Period, Defined Benefit Plans, Employee Benefits, PBGC, Pension Reform

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Emily Linn

Texas Governor Signs Host of Bills Impacting Employment

Biennially, the Texas Legislature convenes from mid-January to June, to introduce, debate, and pass new laws impacting Texans across the state. Texas Governor Greg Abbott’s deadline to sign pending bills passed on June 22, 2025,… more

Artificial Intelligence, Employee Rights, Employer Responsibilities, Health Care Providers, Healthcare

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Sophie Lippmann

The Employer’s Guide to Europe’s Inflation

After two years of dealing with a pandemic, European countries are now shaken by record levels of inflation and flagging growth. To help households cope with this situation, which currently shows no sign of improving,… more

Compensation & Benefits, Employee Benefits, Employees, Employer Liability Issues, Inflation Adjustments

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Noah Lipschultz

NLRB Paves the Way for Bargaining Units Composed of Employees of Two Different Employers

In a widely anticipated decision, the National Labor Relations Board has reversed its 2004 decision in Oakwood Care Center, and determined a union seeking to represent employees in a bargaining unit composed of employees solely… more

Bargaining Units, Browning-Ferris Industries of California Inc., Collective Bargaining, Consent, Corporate Counsel

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Jasmine Little

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Laura Lobb

UK: Fire and rehire –where are we now and what happens next?

The controversial practice of “firing and rehiring” – dismissing employees and offering to re-engage them on new terms and conditions, typically to push through a negative change to which the employee has refused to agree – is… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Employment Litigation

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Silvia Locantore

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Mary Lockhart

OSHA Announces Highly Focused Healthcare Facility Inspection Plan

The Occupational Safety and Health Administration (OSHA) recently announced in a memorandum it will proceed with a highly focused, short-term initiative directed at general medical and surgical hospitals, psychiatric and… more

Employer Liability Issues, Healthcare Facilities, Healthcare Workers, OSHA, Safety Inspections

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Veslemøy Lode

EU Whistleblowing Directive – An Implementation Update

Protection of whistleblowers has been on the EU’s agenda for quite some time. Four years ago the EU issued the EU Whistleblowing Directive throughout its Member States… more

Employer Liability Issues, EU, EU Directive, Internal Reporting, International Labor Laws

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Rebecca Loeffler

Indiana’s Roadmap to get Back on Track after COVID-19 Lockdown

The month of May in Indianapolis is not the same without the Indianapolis 500, which usually runs Memorial Day weekend. Indiana currently plans to hold the race on August 23, 2020. While there will be no cars at the brickyard… more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements, Workplace Safety

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Markus Loescher

EU Elections Tracker

Elections took place across the European Union from 6 – 9 June 2024. Every five years, European Union citizens elect their representatives as Members of the European Parliament (MEPs). A total of 720 MEPs were elected in June… more

EU, General Elections, International Labor Laws, Labor Reform

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Melissa Logan

Long-Awaited Guidance on Illinois Department of Human Rights Employer Reporting Requirement Released

On August 9, 2019, Governor J.B. Pritzker signed into law Public Act 101-0221 (the Act), which amended the Illinois Human Rights Act (IHRA). Among other changes, this amendment requires employers with at least one adverse… more

Disclosure Requirements, Employer Liability Issues, Employment Discrimination, Human Rights, New Legislation

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Colton Long

2024’s Top Stories in Unfair Competition and Trade Secrets Law

2024 was quite a year in unfair competition and trade secrets law, with the Federal Trade Commission’s final rule on non-competes garnering widespread mainstream media attention. While the FTC final rule has been set aside… more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Final Rules

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Dylan Long

Kansas City, Missouri Joins National Movement to Ban Salary History Inquiries

Kansas City, Missouri joined the growing list of cities with salary history bans, aligning with a national trend that continues to gain momentum. On May 23, 2019, the city council passed Ordinance No. 190380—aimed to address the… more

Employer Liability Issues, Employment Discrimination, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing

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Robert Long

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Filipa Lopes Galvão

Portugal’s Authority for Working Conditions Begins New Investigation Action to Ensure Compliance with Equal Pay Requirements

On January 7, 2025, the Authority for Working Conditions (“ACT”) officially began a new investigation action to verify and ensure legal compliance with the requirements to provide equal pay for men and women… more

Employee Rights, Employment Policies, Equal Pay, Labor Reform, New Legislation

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Jorge Lopez

USCIS Announces Effective Date of Termination of TPS for Venezuelans under 2023 Designation

Following the U.S. Supreme Court’s May 19, 2025 decision to allow the termination of Temporary Protected Status (TPS) for Venezuelans under the 2023 designation, on June 6, the USCIS published on its website that the work… more

Department of Homeland Security (DHS), Foreign Workers, Form I-9, Immigration Procedures, Noem v National TPS Alliance

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Miguel Lopez

IRS Updates Guidance on Section 530 and Worker Status Issues

The Internal Revenue Service has released new guidance, Rev. Rul. 2025-3, clarifying the application of Section 530 of the Revenue Act of 1978, Section 3509 of the Internal Revenue Code (IRC), and Section 7436 of the IRC in five… more

Employees, Internal Revenue Code (IRC), IRS, Misclassification, Reporting Requirements

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Sashmarie Rivera-Lopez

Puerto Rico Supreme Court Clarifies Employment Claims Inheritance Rights

In Ruiz Mattei v. Commercial Equipment Finance, Inc., the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act and the Workplace Discrimination Act are transferable to the employee’s heirs… more

Age Discrimination, Employment Litigation, Heirs, Hiring & Firing, Inheritance

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Michael Lotito

Littler WPI’s Election Report 2024

The 2024 presidential election was like no other in modern history, and it is clear that across a range of measures the American electorate remains dramatically polarized. This presents a host of challenges for policymakers on… more

Corporate Counsel, Employer Liability Issues, Federal Labor Laws, Labor Reform, Presidential Elections

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George Loveland II

NLRB Changes Standard for Deferral to Arbitration in Discrimination and Retaliation Cases

In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent. In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board… more

Arbitration, Babcock & Wilcox Construction, Contract Drafting, Corporate Counsel, Deferral Standard

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Shaylon Lovell

New Arizona Law Eases Restrictions for Obtaining Occupational Licenses for Those With Criminal Histories

Arizona Governor Doug Ducey recently signed House Bill 2067 into law amending Arizona Revised Statutes (A.R.S.) Section 13-905, to allow persons convicted of certain criminal offenses the opportunity to set aside a prior… more

Criminal Convictions, Criminal Records, Employer Liability Issues, Hiring & Firing, Labor Regulations

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Shin-I Lowe

USCIS Lifts Administrative Pause on Immigration Applications Filed by Uniting for Ukraine (U4U) Parolees and Others Who Entered Pursuant to Humanitarian Parole

On June 9, 2025, the United States Citizenship and Immigration Services (USCIS) issued a new policy memorandum instructing USCIS officers to adjudicate all pending applications filed by individuals paroled into the United States… more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, Immigration Procedures, Immigration Reform

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Jill Marie Lowell

Handbook Season Arrives with a Flurry of Potential Policy Updates

Legislatures across the United States continued to enact new employment laws in 2024, many of which require review and revision of current handbooks, including adding new policies and updating existing policies, for legal… more

Anti-Discrimination Policies, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Discrimination

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Philip Lu

Maryland Enacts a Name, Image, and Likeness Law

Maryland has enacted a law allowing student-athletes to earn compensation from name, image, and likeness (NIL) endorsement deals. The law, Md. Code Ann., Educ. § 15-131, went into effect on July 1, 2023, and is part of a… more

Compensation & Benefits, Educational Institutions, Endorsements, Intellectual Property Protection, Labor Reform

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Johan Lubbe

Landmark Decision by Europe’s Top Court Jeopardizes U.S. Multinationals’ Transfers of HR Data from the European Union to the United States

On July 16, 2020, the European Court of Justice (CJEU)?the “supreme court” of the European Union (EU)?issued a surprise decision that for the second time in five years completely invalidates the special EU-to-U.S. personal “data… more

Court of Justice of the European Union (CJEU), EU, EU-US Privacy Shield, General Data Protection Regulation (GDPR), International Data Transfers

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Richard Luna

Seventh Circuit Case Confirms that “Full and Fair Review” of Disability Claims Requires Disclosure of New Evidence Before Denying Appeals

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… more

Administrative Review, Corporate Counsel, Denial of Benefits, Disability Insurance, Employee Benefits

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Breanne Lynch

Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory… more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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Matthew Lynch

Massachusetts Enacts Law Banning Discrimination Based on Hair Texture and Style

On July 26, 2022, Massachusetts Governor Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act that bans discrimination based upon natural and protective hairstyles in workplaces,… more

Dress Codes, Employer Liability Issues, Employment Discrimination, Employment Policies, Hairstyle Discrimination

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Alexander MacDonald

DOL Proposes Rule to Reinstate Companionship & Live-in Exemptions from Minimum Wage and Overtime for Third-Party Employers

On July 2, 2025, the U.S. Department of Labor’s Wage and Hour Division issued a proposed rule that would reinstate the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Healthcare Workers, Home Health Care

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Luke MacDowall

Federal Court Strikes Down Dallas Paid Sick Leave Ordinance

The U.S. District Court for the Eastern District of Texas has permanently enjoined a controversial Dallas ordinance requiring employers to provide paid sick leave benefits to certain employees. The permanent injunction took… more

Employee Benefits, Employer Liability Issues, Labor Regulations, Motion To Enjoin, Preliminary Injunctions

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Yne Machiels

EU Elections Tracker

Elections took place across the European Union from 6 – 9 June 2024. Every five years, European Union citizens elect their representatives as Members of the European Parliament (MEPs). A total of 720 MEPs were elected in June… more

EU, General Elections, International Labor Laws, Labor Reform

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Eric Mack

Employer Drug-Testing Rules Clipped by Rhode Island Marijuana Legalization

On May 25, 2022, Rhode Island Governor Daniel McKee signed into the law the Rhode Island Cannabis Act, which legalized recreational cannabis. As a result, Rhode Island has joined a small but growing minority of states that… more

Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Employment Policies, Marijuana

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Eva Madison

What New Employment Laws Were Enacted in Arkansas?

The 2019 session was a busy one for the Arkansas General Assembly, as the state enacted at least nine labor and employment-related measures in its recently concluded legislative session… more

Employee Privacy Rights, Employer Liability Issues, Gig Economy, Health Insurance, Hiring & Firing

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Verónica López Madrigal

México: Decreto de Incorporación al régimen obligatorio del Seguro Social a los beneficiarios del Programa “Jóvenes Construyendo el Futuro”.

El 31 de enero de 2019, se publicó en el Diario Oficial de la Federación el Decreto emitido por el Presidente Andres Manuel López Obrador a través del cual se establece que los beneficiarios del Programa “Jóvenes Construyendo el… more

Employee Benefits, International Labor Laws, Mexico, Social Security Benefits, Social Welfare Organizations

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Denise Maher

Philadelphia’s Wage Equity Bill Set To Go Into Effect On May 23, 2017

Mayor Jim Kenney signed the Philadelphia Wage Equity Bill into law on Monday, January 23, 2017. It will take effect on May 23, 2017, and be codified in the Philadelphia Code at Sections 9-1103((1)(i) and 9-1131. Under the new… more

Employer Liability Issues, Equal Pay, Gender Discrimination, Gender Equity, Gender-Based Pay Discrimination

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Hannah Mahon

Littler Global Guide - United Kingdom - Q4 2018

Supreme Court Rules that Refusal to Bake “Gay-Cake” Was Not Discriminatory - Precedential Decision by Judiciary or Regulatory Agency - On October 10, 2018, the UK Supreme Court held a bakery and its Christian owners had… more

Data Breach, Employment Litigation, Freedom of Expression, Freedom of Religion, Hiring & Firing

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Scott Mainquist

Illinois Passes Workers’ Rights Amendment

On November 8, 2022, Illinois voters approved the Illinois Constitution Amendment 1 (the “Workers’ Rights Amendment” or the “Amendment”), which amends the state constitution to guarantee workers a broad right to collective… more

Collective Bargaining, Constitutional Amendment, Employee Rights, Illinois, Labor Reform

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Dr. Sebastian Maiß

Mistakes and Myths about Home Offices and Mobile Working in Germany

The child is ill, an important delivery is expected “between 8:00 a.m. and 7 p.m.” or the car has to go to the garage. What could be more natural than working from home? A quick email to the employer that you will work from your… more

Email Policies, Germany, International Labor Laws, Telecommuting, Wage and Hour

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Carlo Majer

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

See all updates »

Maria Malaver-Reyes

The Artificial Intelligence Angle: Loper Bright’s Impact on Federal and State AI Legislation, Regulations, and Guidance

This summer, the Supreme Court made waves with its decision in Loper Bright Enterprises v. Raimondo. Decided on June 28, 2024, the case overturned Chevron deference, a decades-long cornerstone of administrative law. Loper… more

Administrative Procedure Act, Artificial Intelligence, Chevron Deference, Federal Labor Laws, Loper Bright Enterprises v Raimondo

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Alberto Tabales-Maldonado

Puerto Rico Department of the Treasury Announces 2024 Limits on Qualified Retirement Plans

On January 31, 2024, the Puerto Rico Department of the Treasury issued Internal Revenue Circular Letter No. 24-01 (CL IR 24-01) announcing the applicable 2024 limits for Puerto Rico qualified retirement plans. Pursuant to… more

Compensation & Benefits, Contribution Limits, Employee Benefits, Puerto Rico, Qualified Retirement Plans

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Isha Malhotra

Flexible Work Marches on in Asia

In recent years, the traditional 9-to-5 work model has undergone a significant transformation across Asia, with the rise of flexible work arrangements reshaping the way businesses operate and employees engage with their work… more

Australia, Employees, Employer Liability Issues, Flexible Work Arrangements, International Labor Laws

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Sean Malley

Recreational Marijuana Use Away from Work Now Protected in New York

On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers… more

Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Labor Regulations, Marijuana

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Michael Mankes

Massachusetts Attorney General Publishes Long-Anticipated Guidance on the Revised Pay Equity Law

The Massachusetts Attorney General has recently published an Overview and Frequently Asked Questions (the “Overview”) regarding the amendment to the Massachusetts Equal Pay Act, set to take effect on July 1, 2018. The Overview… more

Corporate Counsel, Employer Liability Issues, Equal Pay, Equal Pay Act, Gender Discrimination

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Lillian Manning

Missouri Governor Signs Bill Repealing Paid Sick Leave Law and Revising Minimum Wage Update Schedule – What Now?

On July 10, 2025, Missouri Governor Mike Kehoe signed into law HB 567, which repeals the statewide paid sick leave law voters approved at the November 2024 election that took effect on May 1, 2025, and eliminates the… more

Employee Benefits, Employer Responsibilities, Legislative Agendas, Minimum Wage, New Legislation

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Michael Manoukian

California Enacts Two Laws Aimed At Combating Human Trafficking

Two new California laws seek to combat human trafficking through required training and mandatory notice postings. These steps are intended to provide education and resources for employees who believe they, or someone they know,… more

Child Labor, Corporate Counsel, Corporate Social Responsibility, Employee Training, Forced Labor

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Shreya Mantrala

New York’s Digital Replica Law and its Impact on Artificial Intelligence and the Entertainment Industry

New York Senate Bill 7676B regulates contracts for the creation and use of digital replicas. This law took effect on January 1, 2025. The law defines “digital replica” as “a digital simulation of the voice or likeness of an… more

Artificial Intelligence, Collective Bargaining, Contract Terms, Employment Contract, Entertainment Industry

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Stefan Marculewicz

California Law Imposes New Disclosure Obligations on Employers Conducting Voluntary Child Labor Audits

On September 22, 2024, California Governor Gavin Newsom signed into law Assembly Bill 3234 (“AB 3234”), which requires employers to disclose the results of audits on child labor practices. Specifically, effective January 1,… more

Audits, California, Child Labor, Compliance Management Systems, Disclosure Requirements

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Lauren Marcus

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement Assistance,… more

Cannabis Products, Discrimination, Drug Testing, Employee Rights, Employer Liability Issues

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Deborah Margolis

What to Expect from the UK’s New Data (Use and Access) Bill

The new Data (Use and Access) Bill is making its way through the parliamentary process, and is expected to be passed in the first half of 2025. The Bill proposes to amend the UK data privacy regime to make it easier for… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Data Transfers

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Jessica Marinelli

Risky Business: EEOC Interprets ADA Coverage for Individuals at Higher Risk of Contracting COVID-19

In a series of guidance issued since May 5, 2020 (some of which was withdrawn, revised, and reissued), the U.S. Equal Employment Opportunity Commission (EEOC) addressed protections under the Americans with Disabilities Act (ADA)… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Corporate Counsel, Disability Discrimination, Employer Liability Issues

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Alexsa Marino

Rhode Island Joins the New England Trend with a Law Placing Substantial Limitations on Noncompete Agreements

Rhode Island has followed the recent trend of its neighboring states—including Maine, Massachusetts, and New Hampshire—by enacting a law that largely prohibits employers from entering into noncompete agreements with their… more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Hiring & Firing

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Natalee Bryan Marion

Court Denies Preliminary Injunction of Title IX Effective Date

On June 4, 2020, the Commonwealth of Pennsylvania, along with 17 other states, filed suit against the United States and Betsy DeVos, in her official capacity as Secretary of Education, to prevent implementation of the Title IX… more

Colleges, Department of Education, Educational Institutions, Gender-Based Violence, Preliminary Injunctions

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Nina Markey

Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and… more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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Dimitrios Markos

New Jersey’s Declaration of No Independence? Agency Issues Proposed Regulations on the ABC Test

On April 28, 2025, the New Jersey Department of Labor and Workforce Development (NJDOL) issued a press release announcing the publication of proposed regulations interpreting the “ABC test” used to determine whether workers are… more

ABC Test, Employee Definition, Employer Responsibilities, Independent Contractors, Misclassification

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Richard Marks

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Astrid Marques

2024 Summer Olympics Series: France

The 2024 Summer Olympic Games begin Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their… more

Employee Rights, Employees, France, International Labor Laws, Labor Relations

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Breanne Sheetz Martell

Relief from Steep Pay Transparency Penalties for Businesses in Washington State

In welcome news for the business community and a shining example of bipartisan cooperation, the Washington State Legislature has almost unanimously passed an amendment to its pay transparency law that led to hundreds of class… more

Amended Legislation, Disclosure Requirements, Employer Liability Issues, Employment Litigation, Job Applicants

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Patricia Martin

Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The Amendment… more

Amended Regulation, Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy

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Sarah Martin

D.C. Circuit Holds Withdrawal Liability Interest Rate Must Reflect Plan’s Investment Policy

On Friday, July 8, 2022, the U.S. Court of Appeals for the D.C. Circuit issued its decision in United Mine Workers of America 1974 Pension Plan v. Energy West Mining Company, joining the Sixth Circuit in holding that the… more

Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Multi-Employer Pensions, Multiemployer Pension Plan Amendments Act (MPPAA)

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David Carvalho Martins

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

See all updates »

Fatemeh Mashouf

Avoiding Workplace Discrimination in the Wake of Mass Violence

The morning after any kind of mass violence playing on loop on every media outlet poses unique challenges to employers and managers… more

Backlash Discrimination, Diversity, Employer Liability Issues, Employment Policies, Mass Shootings

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David Master

Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of requiring… more

Canada, Compensatory Damages, Discriminatory Intent, Eligibility, Eligibility Determination

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Maura Mastrony

Connecticut Governor Nixes Unemployment Compensation for Strikers

On June 23, 2025, Connecticut Governor Ned Lamont vetoed the state legislature’s latest attempt to provide unemployment compensation benefits to strikers. The vetoed bill, entitled “An Act Concerning Protection for Workers and… more

Connecticut, Employee Benefits, Employee Rights, Governor Vetoes, Labor Relations

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Erick Fernandez Mata

México Publica Norma Oficial Mexicana NOM-037-STPS-2023: Teletrabajo-Condiciones de Seguridad y Salud en el Trabajo

El 08 de junio de 2023, la Secretaría de Trabajo y Previsión Social publicó en el Diario Oficial de la Federación la Norma Oficial Mexicana NOM-037-STPS-2023 Teletrabajo-Condiciones de Seguridad y Salud en el Trabajo (“NOM-037”… more

Employer Liability Issues, Health and Safety, International Labor Laws, Labor Reform, Mexico

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Mohamed Materi

Anticipating Business Recovery in France

Developing a business recovery strategy - Prompted by the French government's support measures, companies are favoring a partial resumption of business activities. Employers will have to consider, however, the extent to… more

Business Interruption, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, France

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Garry Mathiason

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

See all updates »

Morgan Julia Matson

Strategy to Address China’s Recent Proposed HR Exception to Facilitate Cross-Border Data Transfers

Multinationals with employees in the People’s Republic of China (PRC) continue to confront a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract. This implementation… more

China, Cybersecurity, Data Privacy, Data Protection, Employer Liability Issues

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Irene Viera Matta

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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LaToi Mayo

Kentucky Closes All Nonessential Retail Businesses

On March 22, 2020, Kentucky Governor Andy Beshear issued Executive Order 2020-246, which orders all nonessential retail businesses to close by 8:00 p.m., March 23, 2020… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Govrenor Beshear

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María Fernanda Gómez Mayora

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

See all updates »

Greg McAllister

Texas Amends its Uniform Trade Secrets Act

Last month, Texas’s legislature amended the Texas Uniform Trade Secrets Act (TUTSA). These amendments expand and clarify TUTSA’s definitions, add a clarification to enjoining trade secrets misappropriation, and codify a… more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Trade Secrets, Uniform Trade Secrets Acts

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Tara McAndrew

Supreme Court Holds ADA and Rehabilitation Act Lawsuits Against Public Schools Need Not Clear Higher Bar

On June 12, 2025, the U.S. Supreme Court unanimously ruled in A.J.T. v. Osseo Area Schools that students bringing Americans with Disabilities Act (ADA) and Rehabilitation Act lawsuits against public schools should not face a… more

Americans with Disabilities Act (ADA), Appellate Courts, Disability Discrimination, Pleading Standards, Public Schools

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Ellen Donovan McCann

Mid-Year Paid Family Medical Leave Update

It is that time of year again when about half of the state paid family and medical leave (PFML) programs have announced changes to their contribution rates and benefits. A few programs have also announced a new state average… more

Compensation & Benefits, Employee Benefits, Employer Contributions, Family and Medical Leave Act (FMLA), New Regulations

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Tanner McCarron

Politics in the Workplace and the New Administration

In the lead-up to the 2024 presidential election, employers navigated the difficult terrain of managing employees’ expressions of diverging political and social beliefs in the workplace. Now that the 2024 election has passed and… more

Anti-Discrimination Policies, Employee Rights, Federal Labor Laws, NLRB, Political Speech

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Barbi McClennen Lorenz

The Heat Is On – New Mexico Proposes Heat Illness Prevention Rule

The New Mexico Environment Department’s Occupational Health and Safety Bureau has proposed a Heat Illness and Injury Prevention (HIIP) rule with a contemplated effective date of July 1, 2025. If adopted, the HIIP rule will… more

Employee Training, Employment Policies, Heat Exposure, Proposed Rules, Regulatory Agenda

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Katelyn McCombs

U.S. Department of Labor Expands Opinion Letter Program

On June 2, 2025, the U.S. Department of Labor (DOL) expanded its opinion letter program, which should provide guidance on areas handled by multiple enforcement agencies within the DOL. Publication of opinion letters is a… more

Department of Labor (DOL), Employee Benefits, Employee Rights, Employer Responsibilities, Fair Labor Standards Act (FLSA)

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Kathryn McConnell

Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable. On September 4, 2024,… more

Employment Contract, GA Supreme Court, Georgia, Non-Compete Agreements, Non-Solicitation Agreements

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Steven McCown

Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional

On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a… more

Administrative Procedure, Appeals, Certiorari, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Sean McCrory

Immigration Considerations for Hospitality Employers

President Trump’s promise to carry out the largest deportation of undocumented individuals while simultaneously limiting the immigration of foreign workers is causing unique concerns in the hospitality industry. From resorts… more

Compliance, Employment Eligibility Verification, Enforcement Actions, Foreign Workers, Form I-9

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Tammy McCutchen

DOL Simplifies Independent Contractor Analysis in Final Rule

On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule. The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when a… more

Corporate Counsel, Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

See all updates »

Chad McDaniel

Massachusetts Agency Provides Guidance on Unemployment Benefits for Returning Employees and Employers’ Obligations

The Massachusetts Department of Unemployment Assistance (DUA) recently issued new guidance for employers, addressing a number of questions related to the effect returning to work will have on employees’ unemployment benefits and… more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements, Unemployment Benefits

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Holly McDaniel

DOJ Expands Corporate Whistleblower Program to Include Immigration Law Violations

The stakes for non-compliance with federal immigration law have just increased exponentially. On May 12, 2025, the U.S. Department of Justice’s Criminal Division unveiled its new White Collar Enforcement Plan (“Enforcement… more

Compliance, Corporate Counsel, Corporate Crimes, Department of Justice (DOJ), Employer Responsibilities

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Melissa McDonagh

The Littler Annual Employer Survey Report - May 2025

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and local… more

Discrimination, Diversity, Diversity and Inclusion Standards (D&I), Employer Responsibilities, Executive Orders

See all updates »

Scott McDonald

Texas Governor Signs Host of Bills Impacting Employment

Biennially, the Texas Legislature convenes from mid-January to June, to introduce, debate, and pass new laws impacting Texans across the state. Texas Governor Greg Abbott’s deadline to sign pending bills passed on June 22, 2025,… more

Artificial Intelligence, Employee Rights, Employer Responsibilities, Health Care Providers, Healthcare

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Russell McEwan

New Jersey DOL Launches Strategic Enforcement Initiative Targeting Residential Construction & Commercial Laundromats

On November 29, 2022, the New Jersey Department of Labor and Workforce Development (the “NJDOLWD” or the “Department”) announced what it calls a “comprehensive enforcement strategy” to target employers in specific… more

Construction Workers, Employer Liability Issues, Labor Reform, New Jersey, State Labor Laws

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Christian McFarland

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical… more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Claire McGee

Pennsylvania Federal Judge Finds Governor Wolf’s Pandemic Restrictions Unconstitutional

Pennsylvania’s gathering limitations, business shutdown and stay-at-home orders violate the United States Constitution, according to a federal judge in the Western District of Pennsylvania, who enjoined enforcement of those… more

Business Closures, Constitutional Challenges, Coronavirus/COVID-19, Due Process, Emergency Management Plans

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James McGehee

USERRA Protections Broadened by Dole Act

On January 2, 2025, then-President Biden signed into law the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Dole Act), a bipartisan bill that expands healthcare and other benefits for… more

Department of Labor (DOL), Employee Benefits, Employee Rights, Employment Discrimination, Employment Litigation

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Julie McGoldrick

California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

The California Supreme Court in Adolph v. Uber Technologies, Inc. affirmed the key holding in the U.S. Supreme Court’s landmark decision in Viking River Cruises v. Moriana last year—the FAA requires PAGA plaintiffs to arbitrate… more

Arbitration, Arbitration Agreements, CA Supreme Court, Employment Litigation, Federal Arbitration Act

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Grace McGuire

Colorado Pay Transparency Amendments Go Live January 1, 2024, Requiring Application Deadlines and Post-Selection Notices

Colorado employers face additional requirements as of January 1, 2024 to comply with the amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA), which originally took effect in 2021. Most notably, employers will be… more

Colorado, Employer Liability Issues, Labor Reform, Pay Transparency, State Labor Laws

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Michael McGuire

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to… more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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Michael McIntosh

Virginia Enacts Law Requiring Reporting of Workplace Violence in Hospitals

Effective July 1, 2025, hospitals in Virginia will be required to establish a workplace violence incident reporting system pursuant to House Bill 2269. The system must “document, track, and analyze any incident of workplace… more

Employees, Health Care Providers, Healthcare Facilities, Hospitals, New Legislation

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David McIsaac

Canada: Manitoba Amends its Labour Relations Act and Employment Standards Code

On November 8, 2024, Manitoba’s Bill 37, The Budget Implementation and Tax Statutes Amendment Act, 2024 and Bill 9, The Employment Standards Code Amendment Act, received Royal Assent and came into force. Bills 37 and 9 amend… more

Canada, Employees, Employer Liability Issues, Employer Responsibilities, Labour Board

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Elise Hofer McKelvey

North Carolina Enacts Law Repealing "Bathroom" Bill But Limiting Local Anti-Discrimination Laws

Last week, North Carolina lawmakers repealed the state’s controversial House Bill 2 (“HB 2”), which had required individuals to use the public bathroom that corresponds with the sex on their birth certificate, along with several… more

Corporate Counsel, Discrimination, Gender Discrimination, Gender Identity, LGBTQ

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Elizabeth McKenna

Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis… more

Adverse Employment Action, Connecticut, Drug Testing, Employees, Employer Liability Issues

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Nicholas McKinney

California and Washington Issue Vaccine Mandates — Frontrunners in What Appears to Be a Growing Trend

On July 26, 2021, California Governor Gavin Newsom announced that his state will require all state employees and healthcare workers to provide proof of vaccination or be subject to regular COVID-19 testing. On August 5, 2021,… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Mandates, Health and Safety

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Alan McLaughlin

Colorado Department of Labor and Employment Issues Emergency Rule and FAQs Addressing Employees Concerned about Returning to the Workplace

As the nuances of Colorado Governor Jared Polis’s “Safer at Home” Order continue to reveal themselves to Colorado employers resuming operations, one more state agency has weighed in: the Colorado Civil Rights Division (CCRD)… more

Anti-Retaliation Provisions, CARES Act, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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R. Benjamin McMichael

Georgia as a Model Employer for Individuals With Disabilities

Georgia Senate Bill 384, signed into law this year, establishes the State of Georgia as a Model Employer (the “GAME”) Program. The GAME Program regulates labor practices of public offices related to the recruitment, hiring,… more

Americans with Disabilities Act (ADA), Compliance, Disabilities, Georgia, Hiring & Firing

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Will McMillan

Canada: Cross Country Survey of Changes to Workers’ Compensation System in Response to COVID-19

The workers’ compensation system in Canada is a no-fault insurance system that provides employees who become injured or ill at the workplace with compensation from a statutorily established accident fund… more

Canada, Coronavirus/COVID-19, Deferred Action, Employer Liability Issues, Workers Compensation Awards

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Sandra McMullan

Psychedelics and Marijuana on the Ballot: How Should Employers Prepare for Potential Legalization?

Voters in several states will decide whether marijuana or, in one case, psychedelic substances should be legal in the upcoming November 5, 2024 general election. Employers should keep their eyes on these ballot measures and… more

Ballot Measures, Cannabis Products, Corporate Counsel, Decriminalization of Marijuana, Drug Testing

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Liam McMunagle

Ontario, Canada Human Rights Tribunal Finds Job Posting for a “Qualified Woman” Did Not Constitute Discrimination

In Horne v. Public Service Alliance of Canada, 2024 HR 1788, the Human Rights Tribunal of Ontario (HRTO) dismissed an application alleging that a job posting stating the successful candidate would be a “qualified woman”… more

Anti-Discrimination Policies, Canada, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Litigation

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Erin McNamara

Annual Report on EEOC Developments - Fiscal Year 2023

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

ADEA, Americans with Disabilities Act (ADA), Annual Reports, Civil Rights Act, Corporate Counsel

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Emily McNee

Big Changes to Minnesota’s Employment Laws Are Coming Soon

The Minnesota legislature has passed a sweeping Omnibus Jobs Bill that Governor Tim Walz has said he will sign. This legislation will significantly impact Minnesota employers in a variety of ways. Among other things, it will… more

Breastfeeding, Employees, Employer Liability Issues, Labor Reform, Non-Compete Agreements

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Ellie McPike

California to Require Venture Capital Firms to Report Demographic Information

On October 8, 2023, California Governor Gavin Newsom signed Senate Bill 54 (SB 54), Fair Investment Practices by Investment Advisers, which requires venture capital firms to collect and report data on the demographic composition… more

California, Data Reporting, Employer Liability Issues, Investment Firms, Labor Reform

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Shannon Meade

Policy Week in Review – July 2025 #1

“Big Beautiful” Reconciliation Bill Pending Final Passage in the House Earlier this week, the U.S. Senate passed the reconciliation bill by a narrow vote of 51-50, with Vice President JD Vance casting the tie-breaking vote… more

Budget Reconciliation, Department of Labor (DOL), Executive Orders, Federal Labor Laws, Job Creation

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Stefanie Mederos

Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement… more

Constitutional Challenges, Day Laborers, Due Process, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Ana Cristina Medina

Colombia: Recent Labor Reforms Bring Key Changes and New Compliance Priorities

Recent labor reforms approved by the Colombian Congress, and signed by the Colombian president on June 25, 2025, introduce sweeping changes to employment regulations, including enhanced employee protections, limits on fixed-term… more

Employee Benefits, Employee Rights, Employer Responsibilities, Labor Reform, New Legislation

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Sheerin Mehdian

USCIS Suspends Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

On March 21, 2018, USCIS announced that it will again temporarily suspend premium processing for all fiscal year (FY) 2019 cap-subject H-1B petitions… more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Dr. Philipp Melle

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Anne Mellen

Hot Wage and Hour Issues for Home Healthcare Employers

In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification As… more

Class Action, Fair Labor Standards Act (FLSA), Health Care Providers, Healthcare, Independent Contractors

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Brooke Meller

Sixth Circuit Provides Expansive Due Process Rights in Title IX Cases

In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the… more

Appeals, Colleges, Cross Examination, Due Process, Investigations

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Stephen Melnick

Massachusetts Employers: Include Lie Detector Notice in Your Job Applications

Massachusetts law, G.L. c. 149, § 19B, has long banned the use of lie detector tests in employment, and since 1986, also states that employers should provide affirmative notice on all job applications regarding the use of lie… more

Artificial Intelligence, Employee Rights, Employer Responsibilities, Employment Litigation, Employment Policies

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Jedd Mendelson

Ye Olde Holiday Crossword — With Clues for Solving the Office Party Puzzle

As the end of the year approaches, many employers are preparing for the annual office holiday party. This occasion presents an opportunity for employers to express appreciation for the hard work performed by staff all year… more

Anti-Discrimination Policies, Anti-Harassment Policies, Civil Rights Act, Employer Liability Issues, Employment Policies

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Amy Mendenhall

Handbook Season Arrives with a Flurry of Potential Policy Updates

Legislatures across the United States continued to enact new employment laws in 2024, many of which require review and revision of current handbooks, including adding new policies and updating existing policies, for legal… more

Anti-Discrimination Policies, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Discrimination

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Jacqueline Menendez

Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

Employers had a big win in late June 2023 when a trial court in Sacramento enjoined until March 29, 2024, enforcement of the final regulations under the California Privacy Rights Act (CPRA), the only one of 14 recently enacted,… more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cooperative Compliance Regime

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Alan Merriman

NLRB Reaffirms Regional Directors’ Discretion to Dismiss Election Petitions Absent a Hearing

On June 15, 2022, in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109, the National Labor Relations Board reaffirmed that regional directors have authority to dismiss representation and decertification petitions if the… more

Administrative Hearings, Administrative Merits Determinations, Collective Bargaining, Federal Labor Laws, Labor Relations

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Emily Mertes

“New PAGA” Brings Guarded Optimism to California Employers

Since its entry onto the legal scene in 2004, the Private Attorneys General Act of the California Labor Code (“PAGA”) has posed a formidable challenge to employers of all sizes striving to manage the disparate requirements of… more

California, Employees, Employer Liability Issues, Employment Litigation, Labor Code

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Vahe Mesropyan

Ninth Circuit Indicates Restrictive Covenants in Collaborative Business-to-Business Agreements Can Escape Per Se Liability

Few experts in the field of unfair competition law would disagree that the 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., was a game changer in California, overturning what was then approximately 30… more

Antitrust Provisions, Employment Contract, Hiring & Firing, Non-Disclosure Agreement, Non-Solicitation Agreements

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Liran Messinger

#MeToo Update: The Adult Survivors Act for New York Employers

New York State’s Adult Survivors Act (ASA), which was enacted on November 24, 2022, amends the state’s statute of limitations for civil claims alleging certain sexual offenses—which may include any unwanted sexual contact in the… more

#MeToo, Employer Liability Issues, New Legislation, New York, Regulatory Reform

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Thomas Metzger

Refresh! The CDC Revisits COVID-19 Restrictions for Fully Vaccinated Individuals

On July 27, 2021, the Centers for Disease Control and Prevention (CDC) revised its COVID-19 guidance, recommending that even individuals who have been fully vaccinated against COVID-19 should resume wearing masks in public… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases

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Arrissa Meyer

NLRB Eases Standard for Withdrawing Union Recognition Upon Contract Expiration

In a 3-1 decision, the National Labor Relations Board (Board) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), adopted a new standard that applies to an employer’s anticipatory withdrawal of union recognition, and set… more

Collective Bargaining, Johnson Controls, Labor Regulations, Labor Relations, Mutual Recognition Agreement

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Lauren Meyerholz

Colorado Expands Coverage and Amount of Leave under Health Emergency Leave with Pay (HELP) Rules

On April 27, 2020, the Colorado Department of Labor and Employment amended its Health Emergency Leave with Pay (HELP) Rules, which require certain employers to provide employees paid sick leave for a covered COVID-19 reason… more

Coronavirus/COVID-19, Employer Liability Issues, Paid Time Off (PTO), Sick Leave, State and Local Government

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Christopher Michalski

School’s Out for the Summer: Ensuring Compliance when Employing Minors in Pennsylvania

As summer quickly approaches and businesses in Pennsylvania continue to seek applicants to fill vacancies in their workforce, employers are becoming more reliant on employees under the age of majority, or minors. Many employers,… more

Child Labor, Employer Liability Issues, Hiring & Firing, Job Applicants, Minors

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Anne-Valérie Michaux

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Kerry Middleton

More Changes to Minnesota’s Employment Laws are Imminent

In recent years, Minnesota has enacted sweeping legislation impacting Minnesota employers at a break-neck pace. As the most recent legislative session came to a close, another set of new and supplemental laws was passed and… more

Compensation & Benefits, Employee Rights, Employer Responsibilities, Independent Contractors, Minimum Wage

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Kim Rives Miers

Fifth Circuit Reverses Denial of Preliminary Injunction in Vaccine Mandate Case

While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal… more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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Sarah Miley

European Court of Justice Expands the Definition of Working Time

The European Court of Justice ("ECJ") recently issued a decision regarding the paid working time of certain mobile employees that will have a significant impact on companies with employees in the European Union. The ECJ's… more

Employees, EU, European Court of Justice (ECJ), Tyco, Wage and Hour

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Kameron Miller

Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and… more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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Bruce Millman

Washington Enacts Mini-WARN Act Requiring Notice Before Certain Layoffs and Closures

Washington will soon join the growing list of states that require employers to give 60 days’ advance notice to employees, unions, and the state for certain mass layoffs and business closures. On May 13, 2025, Governor Bob… more

Corporate Counsel, Damages, Employee Benefits, Employee Rights, Employment Policies

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Stephanie Mills-Gallan

Missouri Governor Signs Bill Repealing Paid Sick Leave Law and Revising Minimum Wage Update Schedule – What Now?

On July 10, 2025, Missouri Governor Mike Kehoe signed into law HB 567, which repeals the statewide paid sick leave law voters approved at the November 2024 election that took effect on May 1, 2025, and eliminates the… more

Employee Benefits, Employer Responsibilities, Legislative Agendas, Minimum Wage, New Legislation

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Virginia Milton

WPI Labor Day Report 2019

Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past… more

#MeToo, Affordable Care Act, Ban the Box, Employer Mandates, Equal Employment Opportunity Commission (EEOC)

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Frederick Miner

NLRB Adopts Tough New Standard for Workplace Rules

On August 2, 2023, in Stericycle, Inc., 372 NLRB No. 113 (2023), the National Labor Relations Board adopted a strict new legal standard for evaluating the validity of workplace rules under the National Labor Relations Act (“the… more

Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies

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Marília Nascimento Minicucci

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Ruzanna Mirzoyan

Love May Be Blind, but the NLRB Is Not: Board Argues that Reality TV Show Contestants Are Employees

National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued a complaint on Wednesday, December 11, 2024, stating that contestants on the popular reality show Love is Blind are required to be classified as… more

Collective Actions, Employee Definition, Independent Contractors, NLRA, NLRB

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Devjani Mishra

New New York City Rules for Paid Prenatal Leave to Take Effect in July 2025

On the heels of New York State’s amendment of its Paid Sick Leave Law to create a first-in-the-nation paid prenatal personal leave (PPPL) entitlement, the New York City Department of Consumer and Worker Protection (DCWP) has… more

Employee Benefits, Employee Rights, Employer Responsibilities, New Regulations, New York

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Brandon Mita

Updates to DC Tipped Wage Workers Amendment Act

The District of Columbia’s Tipped Wage Workers Fairness Amendment Act (TWWFAA) continues to be a big talking point for the hospitality industry. Among other things, the TWWFAA requires D.C. employers that employ a tip credit for… more

Employer Liability Issues, Employment Policies, Labor Reform, Labor Regulations, Sexual Harassment

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Jyoti Mittal

California Health Care Employers Must Implement California Health Care Minimum Wage Raise By October 16, 2024

Last fall, California enacted Senate Bill 525, which substantially raises the base minimum wage for health care workers over time to $25 per hour. The first incremental increase above the general state minimum wage was… more

California, Employees, Employer Liability Issues, Health Care Providers, Healthcare

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Alan Model

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Michael Moffatt

Indiana Supreme Court: Driver for Large Vehicle Transportation Matching Service Properly Classified as Independent Contractor

Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A,… more

ABC Test, Administrative Law Judge (ALJ), Appeals, Commercial Truck Drivers, Employer Liability Issues

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Camellia Mokri

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Ines Monte

Illinois Business Expense Reimbursement Law Now in Effect

The Illinois legislature recently amended the state's Wage Payment and Collection Act (IWPCA) to require that employers reimburse employees for all reasonable “necessary expenses” that are “directly related to services performed… more

Business Expenses, Employer Liability Issues, New Legislation, new-l, Out-of-Pocket Expenses

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Ángela María Mora

COLOMBIA: COVID-19 (Coronavirus) – Employer FAQs

On March 11, 2020, Colombia’s Health Ministry declared that every person arriving from China, Spain, Italy and France must self-isolate for 14 days from the date of their arrival in Colombia… more

Anti-Discrimination Policies, Best Practices, Business Continuity Plans, China, Colombia

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Miguel Morel

Salt Bae’s Sprinkle of First Impression: Eleventh Circuit Holds Mandatory Service Charges Are Not “Tips” and May Be Used to Satisfy FLSA Wage Requirements

On March 18, 2022, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s decision that an 18% service fee charged at the upscale Miami steakhouse of celebrity chef Nusret Gökçe was not a “tip” and was… more

Collective Actions, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), Labor Regulations

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Oliver Moreton

UK: Changes to Paternity Leave from March 2024

The UK Government has laid draft sets of Regulations before Parliament which are due to come into force on March 8, 2024, and will make changes to the current statutory paternity leave scheme… more

Employee Benefits, Employees, Employer Liability Issues, International Labor Laws, Labor Reform

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Lauriane Morette

Implementation of the European Directive on Whistleblowing in France: Extending the Whistleblower Qualification and Strengthening its Protection

On October 23, 2019, the Council of the European Union and the European Parliament voted to approve European directive n°2019/1937 on "the protection of persons who report breaches of Union law." In France, this directive is in… more

Anti-Retaliation Provisions, Corporate Misconduct, Employer Liability Issues, EU, EU Directive

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Amberly Morgan

Congress Approves Paycheck Protection Program Flexibility Act

On June 3, 2020, the U.S. Senate passed by voice vote the Paycheck Protection Program (PPP) Flexibility Act of 2020 (H.R. 7010). The House of Representatives had approved this bill with near unanimity on May 28. Generally, the… more

CARES Act, Legislative Agendas, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Urvashi Morolia

Implications of India’s New Data Protection Law for U.S. Multinational Employers

With presidential assent granted on August 11, 2023, for India’s Digital Personal Data Protection Act, 2023 (“DPDA” or the “Act”), India joined the ranks of dozens of jurisdictions globally that have enacted comprehensive data… more

Corporate Counsel, Data Privacy, Data Protection, India, International Data Transfers

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Brian Mosby

Indiana’s Roadmap to get Back on Track after COVID-19 Lockdown

The month of May in Indianapolis is not the same without the Indianapolis 500, which usually runs Memorial Day weekend. Indiana currently plans to hold the race on August 23, 2020. While there will be no cars at the brickyard… more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements, Workplace Safety

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Michael Moschel

NLRB Rescinds Proposed Rule Clarifying Status of Private University and College Students Working in Connection with their Studies

On March 12, 2021, the National Labor Relations Board (Board) announced that it is withdrawing a rule proposed in September 2019 that would have excluded undergraduate and graduate students at private colleges and universities… more

Collective Bargaining, Educational Institutions, Graduate Students, NLRA, NLRB

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Miranda Mossavar

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent… more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Benjamin Mounts

OSHA Clarifies Safety Requirements for the Construction Industry and those Performing Work in Occupied Homes During COVID-19

Have you updated your Workplace Safety and Health Program to identify and address the new hazards COVID-19 creates? If not, now is the time, as OSHA expects employers to assess their workplaces to identify the ways their… more

Bodily Injury, Construction Workers, Coronavirus/COVID-19, Employee Training, Employer Liability Issues

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Tiago Sequeira Mousinho

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Gary Moy

New York State Expands Lactation Accommodation Requirements

On December 9, 2022, New York State amended the Nursing Mothers in the Workplace Act to provide additional specifications for lactation rooms and to impose new written policy requirements on all employers. The new requirements… more

Amended Legislation, Breastfeeding, Employee Rights, Employer Liability Issues, Employment Policies

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Thomas Moyher

Connecticut Employers Have New Burdens, Avoid Others, Following 2023 Legislative Session

While significant bills impacting Connecticut employers were signed into law, proposed employer mandates on pay transparency, paid sick leave, and predictive scheduling failed to gain the necessary votes for passage in 2023… more

Connecticut, Employee Benefits, Employer Liability Issues, Labor Reform, New Regulations

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Jacqueline Mrachek

DOJ Outlines Plans to Enforce the False Claims Act Against Recipients of Federal Funds that Knowingly Violate Civil Rights Laws

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum, Deputy Attorney General Blanche Memo: Civil Rights Fraud Initiative, announcing an initiative to “utilize the False Claims Act to investigate and, as… more

Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Enforcement Actions

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Marko Mrkonich

The Littler Annual Employer Survey Report - May 2025

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and local… more

Discrimination, Diversity, Diversity and Inclusion Standards (D&I), Employer Responsibilities, Executive Orders

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Yara Mroueh

DOL Withdraws Rule Aimed at Eliminating Subminimum Wages for Workers with Disabilities

On July 7, 2025, the U.S. Department of Labor (DOL) formally withdrew its Notice of Proposed Rulemaking (NPRM) that would have amended 29 C.F.R. part 525 by phasing out the issuance of certificates authorizing subminimum wages… more

Biden Administration, Department of Labor (DOL), Disabilities, Disability Discrimination, Fair Labor Standards Act (FLSA)

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Hilary Muckleroy

Annual Report on EEOC Developments - Fiscal Year 2013

In this Report: - Introduction - Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC - Overview Of… more

Civil Rights Act, Compliance, Discrimination, Employee Rights, Enforcement Actions

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Kyle Mueller

New Illinois and Chicago Laws for 2024

Illinois state and local legislatures kept busy in 2023 with the enactment of numerous new labor and employment laws, including significant changes to paid and sick leave for employees and new protections for temporary laborers… more

Ban the Box, City of Chicago, Employee Benefits, Employer Liability Issues, Illinois

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Nicole Mulé

Wage Theft as a Crime: States Escalate Enforcement with Criminal Prosecution

In a significant shift in labor law enforcement, states and localities across the United States are increasingly treating wage theft not merely as a civil infraction, but as a criminal offense. This trend in certain… more

Criminal Prosecution, Department of Justice (DOJ), Department of Labor (DOL), Employee Rights, Employer Responsibilities

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Johanna Müller-Foell

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Darren Mungerson

Illinois Federal Court Refuses to Halt Equal Benefits Provisions of Illinois Day and Temporary Labor Services Act

On May 23, 2025, Judge Thomas Durkin of the U.S. District Court for the Northern District of Illinois refused to enjoin enforcement of amendments to the Illinois Day and Temporary Labor Services Act (IDTLSA) that require… more

Appeals, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employee Rights, Employment Litigation

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Colleen Muñoz

What Has Been Happening at OCAHO in 2023-2024?

From February 2023 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) issued four decisions concerning the amount of I-9 penalties.2 In all four cases, the employers underwent Immigration and Customs… more

Administrative Law Judge (ALJ), Civil Monetary Penalty, Employer Liability Issues, Enforcement Actions, Foreign Workers

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Marlene Muraco

“New PAGA” Brings Guarded Optimism to California Employers

Since its entry onto the legal scene in 2004, the Private Attorneys General Act of the California Labor Code (“PAGA”) has posed a formidable challenge to employers of all sizes striving to manage the disparate requirements of… more

California, Employees, Employer Liability Issues, Employment Litigation, Labor Code

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Terrence Murphy

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Erin Murray

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Elisa Nadeau

Did Your Business Pay Break Premiums AND Bonuses? California Has A Penalty For That, Too

In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court rejected the longstanding view that meal and rest break premiums are paid at the employee’s base rate, rather than at the more complicated regular rate of pay… more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Employment Policies, Labor Law Violations

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Darren Nadel

Fourth Circuit Establishes New Standards for Plaintiffs Seeking Unjust Enrichment as an Equitable Remedy under ERISA

The United States Court of Appeals recently shed light on when—and under what conditions—a plaintiff may seek a monetary recovery under § 502(a)(3) of the Employee Retirement Income Security Act (ERISA). Section 502(a)(3)… more

Breach of Duty, Damages, Denial of Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Kyle Nageotte

EEOC Rules Discrimination Based on Employee's Sexual Orientation Is Sex Discrimination Under Title VII

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued a potentially groundbreaking decision finding that discrimination based on "sexual orientation" can be brought under Title VII of the Civil Rights… more

Anti-Discrimination Policies, Civil Rights Act, Employment Discrimination, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Sanjay Nair

New New York City Rules for Paid Prenatal Leave to Take Effect in July 2025

On the heels of New York State’s amendment of its Paid Sick Leave Law to create a first-in-the-nation paid prenatal personal leave (PPPL) entitlement, the New York City Department of Consumer and Worker Protection (DCWP) has… more

Employee Benefits, Employee Rights, Employer Responsibilities, New Regulations, New York

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Hovannes Nalbandyan

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Christopher Neary

Connecticut's New Pay Equity Bill Prohibits Questions Regarding Prospective Employees' Wage and Salary History

Connecticut Governor Dannel P. Malloy signed Public Act No. 18-8, “An Act Concerning Pay Equity,” into law on May 22, 2018, making Connecticut the sixth state to prohibit employers from asking applicants about salary history… more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing, Job Applicants

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Renata Neeser

New Health and Safety Action Required for Brazil Employers – Psychosocial Risks

New Regulatory Requirements - Companies with employees in Brazil have until May 26, 2025, to revise their Brazil Risk Management Program (PGR) to include psychosocial risks… more

Brazil, Compensation & Benefits, Employee Benefits, Employee Rights, Employer Responsibilities

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Nina Marie Neff

Denying The Existence of a Bargaining Impasse Doesn’t Make It True, at Least Not in the D.C. Circuit

On June 13, 2025, the D.C. Circuit refused to enforce an “irrational” Board order finding an employer violated its duty to bargain by declaring impasse. By declaring impasse, the employer sought to implement its last, best, and… more

Administrative Law Judge (ALJ), Appeals, Collective Bargaining, Employment Litigation, Federal Labor Laws

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Dena Shuayto Nehme

Michigan Alters its Worker Quarantine Requirements Related to COVID-19

Last October, Michigan Governor Gretchen Whitmer signed HB 6032 to protect workers who do not report to work because they were exposed to, displayed symptoms of, or tested positive for COVID-19. On December 30, 2020, and likely… more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Occupational Exposure, Public Health

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Lindsay Neinast

Delaware Joins the Family (Paid Family-Medical Leave, That Is)

On May 10, 2022, Governor John Carney signed into law the Healthy Delaware Families Act, adding Delaware to an expanding list of jurisdictions with a paid family and/or medical leave (PFML) requirement. The law creates a… more

Delaware, Employee Benefits, Employer Liability Issues, Labor Reform, Medical Leave

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Alexa Laborda Nelson

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

On June 16, 2023, in United States ex rel. Polansky v. Executive Health Resources, Inc., the U.S. Supreme Court resolved a circuit split in favor of a broad interpretation of the federal government’s ability to dismiss False… more

False Claims Act (FCA), Federal Rules of Civil Procedure, Qui Tam, Relators, SCOTUS

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Michael Nelson

California Supreme Court Affirms Good-Faith Efforts May Shield Employers in Wage Statement Lawsuits

In a favorable ruling for employers defending against wage statement compliance claims, the California Supreme Court in Naranjo v. Spectrum Services Inc. (Naranjo) settled an age-old dispute by determining that an employer that… more

CA Supreme Court, California, Employer Liability Issues, Employment Litigation, Good Faith

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Carly Nese

Full 9th Circuit Approves "20% Rule" for Tipped Employees

Many years ago, the U.S. Department of Labor (DOL) issued guidance known as the "20% Rule" or "80/20 Rule," which provides that, where tipped employees spend in excess of 20% of their workweek on non-tip-earning tasks, no tip… more

Department of Labor (DOL), Employer Liability Issues, Food Service Workers, Minimum Wage, Restaurant Industry

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Angelique Paul Newcomb

Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and… more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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Paul Newendyke

NLRB Memo Addresses Bargaining Obligations Over OSHA’s COVID-19 Emergency Temporary Standard

On November 10, 2021, Joan A. Sullivan, acting associate general counsel of the National Labor Relations Board, released Operations Management Memorandum 22-03 (OM 22-03) concerning bargaining obligations under the Department of… more

Biden Administration, Collective Bargaining, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates

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William Ng

New York Legislature to Increase Executive, Administrative, and Professional Compensation Threshold, Expanding Certain Wage Payment Protections

New York’s threshold for a white-collar worker exemption is slated to be increased under legislation passed by the New York legislature last week. This requirement does not directly relate to New York’s salary threshold for… more

Compensation & Benefits, Labor Reform, Legislative Agendas, New York, Pending Legislation

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Deidra Nguyen

Washington Enacts New Protections Against Workplace Coercion Based on Immigration Status

Effective July 1, 2025, Washington State will protect employees from coercion based on immigration status. Specifically, Senate Bill 5104 prohibits employers from exploiting a worker’s immigration status in furtherance of the… more

Coercion, Employee Rights, Employee Training, Employer Responsibilities, Enforcement Actions

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Don Nguyen

A Case Study on the First Amendment Defense for Entertainment Industry Employers

The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these… more

Employees, Employer Liability Issues, Entertainment Industry, First Amendment, Free Speech

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Natalie Nicholson

24 Key Developments in Canadian Labour and Employment Law in 2024

In 2024, Canada saw significant legislative and case law developments in labour and employment law. This Insight provides an overview of notable developments and links to our more detailed articles and commentary… more

Arbitration, Canada, Employee Rights, Employees, Employer Liability Issues

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Brooke Niedecken

NLRB Regional Director Says Dartmouth Men’s Basketball Players Are Employees, Can Vote in Union Election

On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their status… more

Compensation & Benefits, Educational Institutions, Employee Definition, Employee Rights, Labor Relations

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Yeris Nielsen

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Pierre-Joseph Noebes

DOL Opinion Letter Offers Additional Insight Regarding Regular Rate Treatment of Expense Reimbursement Payments

On November 8, 2024, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2024-01. This letter provides additional clarity about whether daily expense reimbursement payments can be excluded from an employee’s regular… more

Corporate Counsel, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Over-Time, Rate of Pay

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John Nordlund

Love May Be Blind, but the NLRB Is Not: Board Argues that Reality TV Show Contestants Are Employees

National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued a complaint on Wednesday, December 11, 2024, stating that contestants on the popular reality show Love is Blind are required to be classified as… more

Collective Actions, Employee Definition, Independent Contractors, NLRA, NLRB

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Haley Norwillo

FDIC Approves Final Rule to Update Its Section 19 Regulations – Insured Depository Institutions Have Until October 1, 2024 to Comply

On July 30, 2024, the Federal Deposit Insurance Corporation (“FDIC”) Board of Directors approved a final rule that updates the FDIC’s regulations concerning Section 19 of the Federal Deposit Insurance Act, 12 U.S.C.§ 1829… more

Banks, Compliance, Credit Unions, Depository Institutions, FDIC

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Kerry Notestine

Washington Enacts Mini-WARN Act Requiring Notice Before Certain Layoffs and Closures

Washington will soon join the growing list of states that require employers to give 60 days’ advance notice to employees, unions, and the state for certain mass layoffs and business closures. On May 13, 2025, Governor Bob… more

Corporate Counsel, Damages, Employee Benefits, Employee Rights, Employment Policies

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Ivan Novich

New Jersey’s New Year’s Resolution: A New Law Limiting Restrictive Covenants?

Currently pending in the New Jersey Legislature is a bill that would upend decades of New Jersey jurisprudence governing restrictive covenants in employment contracts and severance agreements, and impose an array of new… more

Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing, Labor Reform

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Jeff Nowak

Chicago Finalizes Interpretive Rules in Advance of July 1, 2024, Effective Date of New Paid Leave and Paid Sick Leave Ordinance

On April 30, 2024, the Chicago Department of Business Affairs and Consumer Protection (BACP) published the final rules interpreting the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) which is set to… more

City of Chicago, Employees, Employer Liability Issues, Labor Reform, Local Ordinance

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George O'Brien Jr.

Connecticut Set to Enact Ban on Employer-Sponsored Meetings

On April 29, 2022, organized labor achieved a long-sought political objective when the Connecticut House of Representatives passed Senate Bill 163, “An Act Protecting Employee Freedom of Speech and Conscience.” Effective July 1,… more

Collective Bargaining, Connecticut, Corporate Counsel, Employee Rights, Employer Liability Issues

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Sean O'Brien

U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations

On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in connection… more

Department of Labor (DOL), Employer Liability Issues, Enforcement Actions, Fair Labor Standards Act (FLSA), Liquidated Damages

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Sarah O'Keefe

Arizona Passes Initiative to Allow Recreational Marijuana Use

Arizona 2020 voters decidedly adopted Proposition 207 – The Smart and Safe Arizona Act – which legalizes the possession and use of marijuana by adults age 21 and over for recreational or non-medicinal use. The initiative passed… more

Ballot Measures, Decriminalization of Marijuana, Drug Testing, Employer Rights, Employment Policies

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Kevin O'Neill

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Rabeena Obaidullah

Canadian Election Day is Coming – Understand Employees’ Entitlement to Time off to Vote

On Monday, April 28, 2025, Canadians will go to the polls to elect their next federal government. Voting hours vary, based on jurisdiction, as follows… more

Canada, Employee Rights, Employer Responsibilities, Employment Policies, Federal Labor Laws

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Nancy Ober

Mandatory Payroll Deduction Savings Programs Are on the Rise

According to the U.S. Department of Labor (DOL), one-third of American workers do not have the option to participate in a retirement savings plan through their employers. To help employees save for retirement, more states are… more

401k, Corporate Counsel, Department of Labor (DOL), Employee Benefits, Employee Contributions

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Andrés Díaz Barriga Ocampo

Littler Global Guide - Mexico - Q3 2019

On July 31, 2019, the Mexican Ministry of Labor (STPS by its acronym in Spanish) issued the Protocol for the Legitimization of existing Collective Bargaining Agreements (Protocol), which was published in the Official Gazette of… more

Collective Bargaining Agreements (CBA), Employee Rights, International Labor Laws, Labor Relations, Mexico

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Nathan Oleson

Supreme Court Holds ADA and Rehabilitation Act Lawsuits Against Public Schools Need Not Clear Higher Bar

On June 12, 2025, the U.S. Supreme Court unanimously ruled in A.J.T. v. Osseo Area Schools that students bringing Americans with Disabilities Act (ADA) and Rehabilitation Act lawsuits against public schools should not face a… more

Americans with Disabilities Act (ADA), Appellate Courts, Disability Discrimination, Pleading Standards, Public Schools

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Shawn Oller

New Mexico’s Fair Pay for Women Act Not Limited to Private Employers

The New Mexico Court of Appeals held in Wolinsky v. New Mexico Corrections Department that the state Fair Pay for Women Act’s definition of “employer” extends to the State of New Mexico and its agencies… more

Appeals, Employer Liability Issues, Employment Litigation, Equal Pay, Gender Discrimination

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Ole Kristian Olsby

Littler 2023 European Employer Survey Report - November 2023

EXECUTIVE SUMMARY - After years of disruptions from the pandemic, artificial intelligence, shifting regulations and changing employee preferences, are European workplaces finally reaching a consensus on the “new normal”?… more

Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues, Environmental Social & Governance (ESG)

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Shareef Omar

New Jersey Department of Labor Releases Final Regulations for Earned Sick Leave Law

On January 6, 2020, the New Jersey Department of Labor and Workforce Development (the “Department”) issued long-awaited regulations regarding enforcement of New Jersey’s Earned Sick Leave Law (ESLL) as well as its responses to… more

Earned Sick Time, Employee Benefits, Employee Rights, Employer Liability Issues, New Regulations

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Deepti Orekondy

Littler WPI’s Election Report 2024

The 2024 presidential election was like no other in modern history, and it is clear that across a range of measures the American electorate remains dramatically polarized. This presents a host of challenges for policymakers on… more

Corporate Counsel, Employer Liability Issues, Federal Labor Laws, Labor Reform, Presidential Elections

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Dinora Orozco

IRS Updates Guidance on Section 530 and Worker Status Issues

The Internal Revenue Service has released new guidance, Rev. Rul. 2025-3, clarifying the application of Section 530 of the Revenue Act of 1978, Section 3509 of the Internal Revenue Code (IRC), and Section 7436 of the IRC in five… more

Employees, Internal Revenue Code (IRC), IRS, Misclassification, Reporting Requirements

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Jennifer Orr

Annual Report on EEOC Developments - Fiscal Year 2023

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

ADEA, Americans with Disabilities Act (ADA), Annual Reports, Civil Rights Act, Corporate Counsel

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Courtney Chambers

Germany Seeks to Mandate Human Rights Due Diligence for Companies and Their Global Partners

In February 2019, the German Federal Ministry for Economic Cooperation and Development (“Development Ministry”) introduced a draft law (the “Draft Law”) that seeks to mandate human rights due diligence for German companies and… more

Anti-Corruption, Corporate Counsel, Corporate Social Responsibility, Due Diligence, EU

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Olaoluwaposi (Posi)Oshinowo

E-Verify is Back in Operation, but Post-Shutdown Delays and Concerns Remain

E-Verify, the electronic immigration system that employers use to confirm employees’ eligibility to work in the United States, has resumed operation. E-Verify was unavailable during the longest federal government shutdown in… more

Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Employment Eligibility Verification, Federal Budget

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Amanda Osowski

Self-Driving Trucks and Labor Law—A Look Ahead

Welcome to the future: The year is 2020 and an organized—i.e., unionized trucking company—“L2M2” has announced it is acquiring a convoy of autonomously powered—i.e., “self-driving”—transportation vehicles… more

Artificial Intelligence, Automation Systems, Collective Bargaining Agreements (CBA), Commercial Truck Drivers, Driverless Cars

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David Ostern

New Jersey Enacts “Bill of Rights” for Domestic Workers

The New Jersey Domestic Workers’ Bill of Rights (S723/A822), one of three laws signed in early January relating to protecting immigrants and part of the Murphy administration’s larger effort to build a more inclusive state for… more

Domestic Workers, Employee Rights, Employer Liability Issues, Foreign Workers, Immigrants

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Laura María Pacheco

Littler Global Guide - Colombia - Q4 2021

New Law Establishes New Working Hours - New Legislation Enacted - Law 2101 of 2021 was enacted to reduce the workweek in Colombia, to a maximum of 42 hours per week, which may be distributed by mutual agreement between… more

Colombia, Employer Liability Issues, Gender Equity, International Labor Laws, New Legislation

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Alondra Valdez Padilla

México: Incremento al valor de la Unidad de Medida y Actualización (UMA) para el 2025

El 10 de enero de 2025, el Instituto Nacional de Estadística y Geografía (INEGI) publicó los nuevos valores para la Unidad de Medida y Actualización (en adelante “UMA”) que entrarán en vigor el 1 de febrero de 2025, de acuerdo… more

Compliance, Employee Benefits, Employee Rights, Employment Contract, Employment Policies

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Montgomery Paek

Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra Resort… more

Class Action, Collective Bargaining Agreements (CBA), Employer Liability Issues, Employment Litigation, Labor Law Violations

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Michael Paglialonga

New York Legislature Proposes to Expand State Jurisdiction Amid Federal Uncertainty

Amid growing concerns about the continued absence of a quorum at the National Labor Relations Board (NLRB) and the resulting inability of the NLRB to issue decisions in representation and unfair labor practice cases, the New… more

Constitutional Challenges, Employee Rights, Government Agencies, Labor Relations, New Legislation

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Amy Palesch

U.S. Supreme Court Forecloses the Liability of Foreign Corporations Under the Alien Tort Statute

On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS")… more

Alien Tort Statute, Corporate Liability, Extraterritoriality Rules, Foreign Corporations, Human Rights

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Maria Palivos

Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement… more

Constitutional Challenges, Day Laborers, Due Process, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Matthias Pallentin

EU Whistleblowing Directive – An Implementation Update

Protection of whistleblowers has been on the EU’s agenda for quite some time. Four years ago the EU issued the EU Whistleblowing Directive throughout its Member States… more

Employer Liability Issues, EU, EU Directive, Internal Reporting, International Labor Laws

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Kelcy Palmer

OFCCP Director Invites Federal Contractors to Voluntarily Submit Information

On June 27, 2025, federal government contractors received an email from OFCCP Director Catherine Eschbach offering them the “opportunity” to “provide information about their efforts to wind down compliance with the [Executive… more

Affirmative Action, Biden Administration, Compliance, Department of Labor (DOL), Employment Discrimination

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Pia Papke

Germany: Does the Works Council Have a Say When Employees Use ChatGPT? No, According to the Labor Court Hamburg

Artificial intelligence (AI) can make work life easier. It is therefore not surprising that companies are keen to utilize the technical possibilities of AI, particularly by means of ChatGPT. However, use of AI in the workplace… more

Artificial Intelligence, Employee Rights, Employees, Employer Liability Issues, Germany

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Tara Param

Title IX At 50: Expanding Protections for Students and Employees

In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972 (Title IX), on June 23, 2022, the U.S. Department of Education (DOE) issued its anticipated proposed rule to amend Title IX’s implementing… more

Biden Administration, Department of Education, Disciplinary Proceedings, Educational Institutions, Gender-Based Violence

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Raoul Parekh

Trump Rolls Back DEI in the US – Should UK Employers Change Course?

Almost immediately after taking the presidential oath of office, President Trump sprang into action, signing multiple executive orders that address diversity, equity and inclusion (DEI) programs and policies. This included two… more

Affirmative Action, Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Employment Discrimination

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James Paretti, Jr.

Policy Week in Review – July 2025 #1

“Big Beautiful” Reconciliation Bill Pending Final Passage in the House Earlier this week, the U.S. Senate passed the reconciliation bill by a narrow vote of 51-50, with Vice President JD Vance casting the tie-breaking vote… more

Budget Reconciliation, Department of Labor (DOL), Executive Orders, Federal Labor Laws, Job Creation

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Claire Pariano

Implementation of Connecticut’s Clean Slate Law Set to Begin January 1, 2023

Earlier this month, Governor Ned Lamont announced the long-awaited implementation of the state’s so-called “Clean Slate Act” – sort of. According to a recent press release, January 1, 2023 will see the full or partial erasure… more

Connecticut, Criminal Records, Employer Liability Issues, Employment Discrimination, Expungement

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Anna Park

Los Angeles County and Other California Jurisdictions Walk Back Face Mask Orders

It was just last month when the state of California announced the state’s reopening and what many hoped to be the end of pandemic life and various COVID-19-related restrictions. Most significant for many, face masks—which had… more

City of Los Angeles, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Health and Safety

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Eunju Park

District of Columbia Adopts Paid Vaccine Leave Requirements

The District of Columbia Council has passed legislation mandating that employers provide paid leave to employees for time spent obtaining and, if needed, recovering from side effects of a COVID-19 vaccine. Employees will also… more

Coronavirus/COVID-19, Employee Rights, Infectious Diseases, Labor Regulations, Local Ordinance

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Douglas Parker

Oregon Supreme Court Case Reminds Businesses about the Complexity of Independent Contractor Classification

Correctly classifying workers as either employees or independent contractors can be complicated and difficult. Multiple and different classification tests apply to a single working relationship – including, but not limited to,… more

Corporate Counsel, Independent Contractors, Misclassification, OR Supreme Court, Popular

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Chase Parongao

Hawaii's New “Captive Audience” Law: What Employers Need to Know

Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters. Hawaii recently joined several states,… more

Employee Rights, Employer Liability Issues, First Amendment, Free Speech, Hawaii

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Emily Partridge

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Slawomir Paruch

EU Pay Transparency Directive in Poland: What Does Pay Equality Mean for Employers and Employees?

The EU directive on pay transparency raises many concerns, primarily because its implementation may complicate Polish laws, which so far have not regulated the issue of pay equality in the same way that gender pay has long been… more

Employment Discrimination, Equal Pay, Equality Act, EU, Gender Discrimination

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Emily Patajo

Annual Report on EEOC Developments – Fiscal Year 2016

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely… more

Age Discrimination, Americans with Disabilities Act (ADA), Civil Rights Act, Class Action, Compensation & Benefits

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Pooja Patel

Annual Report on EEOC Developments - Fiscal Year 2023

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

ADEA, Americans with Disabilities Act (ADA), Annual Reports, Civil Rights Act, Corporate Counsel

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Vinay Patel

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Shannon Patton

Ohio Adopts Provisions of the FLSA to Eliminate Hybrid Actions and to Clarify Compensable Time

Ohio Governor Mike DeWine signed Senate Bill 47 (SB 47) into law on April 6, 2022. SB 47 goes into effect on July 6, 2022 and includes new Ohio Revised Code § 4111.031, which limits an employer’s obligation to pay overtime for… more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Labor Reform, New Legislation, Opt-In

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James Payer

California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage… more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Rest and Meal Break

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Christie Pazdzierski

Open House on Classification of Commissioned Real Estate Salespeople? New Jersey Court Rules ABC Test Does Not Apply for State Wage Payment Claims

In a recently published appellate division decision, Kennedy v. Weichert Co., a New Jersey court addressed the issue of classification of commissioned real estate salespeople as independent contractors. The court ruled that… more

ABC Test, Independent Contractors, Misclassification, New Jersey, Salespersons

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Michael Pedhirney

AB 5: The Great California Employment Experiment—A Littler Workplace Policy Institute Report

Assembly Bill (AB) 5, currently pending in the California legislature, would impose the “ABC” test on California businesses and workers, dramatically altering the legal standards applied in evaluating whether a worker is an… more

ABC Test, Dynamex, Employee Definition, Employer Liability Issues, Gig Economy

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Sophie Pélicier-Loevenbruck

Littler's 2019 European Employer Survey Report - November 2019

European companies are navigating a variety of social and equality-related issues impacting their workplaces and, according to Littler’s second annual European Employer Survey, are increasingly channeling their concerns into… more

#MeToo, Artificial Intelligence, Diversity, Employer Liability Issues, Equal Pay

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Niall Pelly

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Anneke Pelser

The Netherlands: Is a new contract after dismissal during a probationary period allowed?

A probationary period sometimes isn't long enough to gain a good impression of an employee and the employer might still want to give the employee a further chance. In a recent case, the District Court of Midden-Nederland (click… more

Employment Contract, Employment Litigation, Hiring & Firing, International Labor Laws, Netherlands

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Kelly Peña

Escaping the “Upside Down” – Halting Florida's Stop WOKE Act

Two years ago, Florida became the center of widespread media attention with its enactment of a new law, which set out to curb training and teaching relating to inclusion, equity, and diversity (“IE&D”). Since then, there has… more

Anti-Discrimination Policies, Bias, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employee Training

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Ariel Perez

Annual Report on EEOC Developments - Fiscal Year 2023

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

ADEA, Americans with Disabilities Act (ADA), Annual Reports, Civil Rights Act, Corporate Counsel

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Yesenia Garcia Perez

Dear Littler: Are There Limits to Cell Phone Expense Reimbursement?

Dear Littler, Our company has a few employees who work hybrid positions and some who are fully remote in California. We put in place a remote work stipend a few months ago (covering internet, utilities, and other home office… more

Cell Phones, Employees, Employment Policies, Reimbursements, Remote Working

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Aurelio Pérez

The Dear Departed: Making Final Wage Payments for Deceased Employees

The death of an employee is an unfortunate fact of life for businesses. Nonetheless, employers may be ill-prepared for the inevitable issues that arise from the sad event. Of concern are: Because state law largely controls how… more

Deceased, FICA Taxes, FUTA, Unpaid Wages, Wage and Hour

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Elizabeth Pérez-Lleras

Hot off the Press: New Labor Reform Bill for Puerto Rico

On June 20, 2022, Governor Pedro Pierluisi signed into law Act No. 41-2022, instituting drastic changes to labor and employment laws in Puerto Rico and extending employment rights for employees in the private sector. In doing… more

Anti-Discrimination Policies, Bonuses, Employee Rights, Employees, Employment Contract

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Adam Perkins

OSHA Issues Long-Awaited Standards Improvement Project IV Final Rule

On May 14, 2019, OSHA issued a final rule as part of its ongoing Standards Improvement Project (SIP). The final rule is set to go into effect on July 15, 2019. Consistent with the project’s rationale of reducing regulatory… more

911 Calls, Corporate Counsel, Final Rules, Hearing-Impaired, OSHA

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Alan Persaud

Escaping the “Upside Down” – Halting Florida's Stop WOKE Act

Two years ago, Florida became the center of widespread media attention with its enactment of a new law, which set out to curb training and teaching relating to inclusion, equity, and diversity (“IE&D”). Since then, there has… more

Anti-Discrimination Policies, Bias, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employee Training

See all updates »

Kristy Peters

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Melissa Peters

Cal/OSHA Completes Fast-Track Adoption of Emergency Silica Standard Aimed at Engineered Stone Industry

On December 14, 2023, California’s Occupational Safety and Health Standards Board approved an emergency temporary standard (ETS) intended to enhance protection of workers from the hazards of respirable crystalline silica (RCS)… more

Cal-OSHA, California, Construction Industry, Corporate Counsel, Emergency Rule

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Ronald Peters

New Cal/OSHA Housekeeper Injury Prevention Rules Now In Effect

On July 1, 2018, the newly implemented Hotel Housekeeping Musculoskeletal Injury Prevention Program (MIPP) regulation took effect… more

Domestic Workers, Employee Training, Employer Liability Issues, Hospitality Industry, Hotels

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Alyssa Peterson

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict… more

Adverse Employment Action, Civil Rights Act, Disparate Treatment, Employment Discrimination, Employment Litigation

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Kurt Peterson

Senate Committee Questions DOL, EEOC Nominees

On June 18, 2025, the Senate Committee on Health, Education, Labor & Pensions held a hearing to consider four key nominations for leadership roles at the U.S. Department of Labor and the Equal Employment Opportunity Commission… more

Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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Peter Petesch

‘Cause We’re Still Living – At Appropriate Distance – in a World of Fools (Spanning the Globe Because You Still Can’t)

WARNING: this article is intended for immature audiences. Hopefully, that light at the end of the tunnel is not the on-coming 5:15 from New Haven. While we’ve been fortunate to have continued working safely and responsibly in… more

Absenteeism, Coronavirus/COVID-19, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Walter Pfeffer

California’s Non-Compete Shakeup

California enacted two new bills expanding the scope and consequences of the state’s policies against restrictive covenants. Governor Newsom signed Senate Bill 699 into law on September 1, 2023, and Assembly Bill 1076 into law… more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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Darcey Phillips

International Women's Day – Accelerate Action: Advancing Women in Leadership

International Women’s Day (IWD) falls on the March 8th each year. This year’s campaign theme, “Accelerate Action,” highlights the urgent need for progress as data from the World Economic Forum predicts that, at the current rate… more

Career Development, Corporate Governance, Diversity and Inclusion Standards (D&I), Employee Engagement, Employment Discrimination

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Mark Phillis

Pittsburgh, Pennsylvania Joins the Over-40 Club for Paid Sick Leave

On June 12, 2025, Mayor Ed Gainey signed into law an amendment to the Pittsburgh, Pennsylvania’s Paid Sick Days Act (PSDA) that changes the accrual requirements and amount of paid sick leave that must be provided under the Act… more

Compensation & Benefits, Employee Benefits, Employee Rights, Employer Responsibilities, New Legislation

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Vicki Phipps

Open Carry and Campus Carry: Expanded Handgun Rights in Texas in 2016 and Beyond

In its most recent session, the Texas legislature passed two bills related to handgun possession in Texas. House Bill No. 910 (HB 910) legalizes open carry of handguns in Texas. Senate Bill No. 11 (SB 11) allows handgun… more

Compliance, Concealed Weapons, Educational Institutions, Employment Policies, Gun Laws

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Paul Piccigallo

U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations

On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in connection… more

Department of Labor (DOL), Employer Liability Issues, Enforcement Actions, Fair Labor Standards Act (FLSA), Liquidated Damages

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Cristina Piechocki

California Supreme Court’s Expansion of “Employer” under FEHA Could Have Implications for AI Regulation

The California Supreme Court issued a ruling this week that expands the definition of employer under the state’s main discrimination statute, the Fair Employment and Housing Act (FEHA). This expansion not only increases the… more

Artificial Intelligence, CA Supreme Court, Employer Liability Issues, Employment Discrimination, FEHA

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Natalie A. Pierce

Synthetic Reality & Deep Fakes: Considerations for Employers and Implications of the Rise of Deep Fakes in the Workplace

In an age where computer generated imagery (CGI) and digital effects enable entire film genres to exist, like Marvel’s superhero series the Avengers or Guardians of the Galaxy, audiences have no expectation that movies they… more

Artificial Intelligence, Authentication, Digital Media, Digital Platforms, Exploitation

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Sean Piers

California Supreme Court Expands the Reach of the California Prevailing Wage Law

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined. This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and… more

CA Supreme Court, Labor Code, Labor Regulations, Prevailing Wages, Wage and Hour

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Nuno Abranches Pinto

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Dan Pipe

Advice for UK Employers with Staff Working Overseas during COVID-19: Act Now!

Employees working remotely outside the UK during Covid-19 may create – and may already have created – expensive tax liabilities for themselves and their employers… more

Employer Liability Issues, Income Taxes, International Labor Laws, Non-Resident Income Taxes, Remote Working

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Alessandra Pisati

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Kate Pitzak

Hawaii's New “Captive Audience” Law: What Employers Need to Know

Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters. Hawaii recently joined several states,… more

Employee Rights, Employer Liability Issues, First Amendment, Free Speech, Hawaii

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Jessica Pizzutelli

"Pay Me, Or Else…": California Court Rules Employee's Pre-Litigation Qui Tam Threat is Extortionate

A California appellate court recently issued a warning to employees who try to negotiate settlements with their employers by making veiled threats to report an employer's real or imagined criminal activity. In Stenehjem v… more

False Claims Act (FCA), Negotiations, Qui Tam, Settlement, Whistleblowers

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Jeffrey Place

"Successor Bar" Prevents Service Provider's Employees from Repudiating Union

The National Labor Relations Board's recent decision in Lily Transportation Corp., 363 NLRB No. 15, highlights the potential impact of a finding that a follow-on service provider is a "successor" to a prior provider… more

NLRB, Transportation Industry, Unfair Labor Practices, Unions

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Jacqueline Phipps Polito

Supreme Court Holds ADA and Rehabilitation Act Lawsuits Against Public Schools Need Not Clear Higher Bar

On June 12, 2025, the U.S. Supreme Court unanimously ruled in A.J.T. v. Osseo Area Schools that students bringing Americans with Disabilities Act (ADA) and Rehabilitation Act lawsuits against public schools should not face a… more

Americans with Disabilities Act (ADA), Appellate Courts, Disability Discrimination, Pleading Standards, Public Schools

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Daniel Pollard

Global Non-Compete Reform – At a Glance Tracker: January 2024

The US is not the only country currently debating a reform to the law on non-competes (see here in relation to federal law and New York). Notably, the UK Government has announced legislation that would limit the duration of… more

Contract Terms, Employees, Employer Liability Issues, Employment Contract, Multinationals

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Benson Pope

Highlights of the Federal Proposals to Regulate NIL Deals

The 2023 college football season ended in early January, and sports fans are eagerly anticipating the start of college basketball’s March Madness. Many are also anxious about the future of college sports, given the non-stop news… more

Athletes, College Athletes, Compensation & Benefits, Intellectual Property Protection, Name and Likeness

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Armin Popp

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

See all updates »

Kaya Grace Porter

Annual Report on EEOC Developments – Fiscal Year 2022

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Americans with Disabilities Act (ADA), Annual Reports, Artificial Intelligence, Civil Rights Act, Employees

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Tommy Postek

Colorado Department of Labor and Employment Issues Emergency Rule and FAQs Addressing Employees Concerned about Returning to the Workplace

As the nuances of Colorado Governor Jared Polis’s “Safer at Home” Order continue to reveal themselves to Colorado employers resuming operations, one more state agency has weighed in: the Colorado Civil Rights Division (CCRD)… more

Anti-Retaliation Provisions, CARES Act, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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Kate Potts

UK Gender pay gap – where are we now?

In early April the deadline passed for large UK employers to report on their gender pay gap (GPG). This is the first chance we have had to compare employers’ pay gap figures with previous years, putting new pressure on employers… more

Corporate Culture, Employer Liability Issues, Enforcement Actions, Equal Pay, Equality and Human Rights Commission (EHRC)

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Timothy Powell

Maine Legislative Roundup: New Employment Laws Were Enacted This Session

The First Special Session of the 131st Maine Legislature included debate about more than 2,000 bills. Many that were adopted will impact employers in the Pine Tree State… more

Employees, Employer Liability Issues, Labor Reform, New Legislation, State Labor Laws

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Charles Powell IV

Alabama Legalizes Medical Marijuana While Allowing Employers Discretion as to Participating Workers

On May 17, 2021, Governor Kay Ivey signed Alabama’s new medical marijuana law, known as the Darren Wesley ‘Ato’ Hall Compassion Act, making Alabama the 37th state to legalize marijuana for medical purposes. The law identifies… more

Drug Testing, Employment Policies, Marijuana, Medical Marijuana, State and Local Government

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Paul Prather

Annual Report on EEOC Developments — Fiscal Year 2017

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law… more

ADEA, Age Discrimination, Americans with Disabilities Act (ADA), Big Data, Civil Rights Act

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Tara Presnell

U.S. Supreme Court Vacates and Remands Ninth Circuit's Decision in Equal Pay Case

On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino, in which it held an employer cannot justify a wage differential between men and women by relying on prior… more

Appeals, Deceased, En Banc Review, Equal Pay Act, Judge Reinhardt

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D. Finn Pressly

COBRA is Temporarily Social Distancing From its Election and Payment Deadlines

The IRS and DOL issued guidance on May 4, 2020 that adds a new level complexity to COBRA administration for employer-sponsored plans. In short, the relief suspends many key participant deadlines during the so-called “Outbreak… more

COBRA, Coronavirus/COVID-19, Deadlines, Department of Labor (DOL), Employee Benefits

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Nathan Prihoda

Dear Littler: What employment issues should we keep in mind when hiring seasonal minor employees?

Dear Littler: We’re a nationwide employer excited that many of the pandemic-related restrictions are starting to ease up. In pre-COVID times, summer was always our busiest season… more

Child Labor, Employer Liability Issues, Fair Labor Standards Act (FLSA), Foreign Workers, Form I-9

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Robert Pritchard

What Employers Need to Know About No Tax on Tips and No Tax on Overtime

On July 3, 2025, the U.S. House of Representatives narrowly passed H.R.1, the so-called “One Big Beautiful Bill Act,” ending a dramatic journey through Congress that dominated headlines in recent weeks. President Donald J. Trump… more

Employees, Fair Labor Standards Act (FLSA), Income Taxes, New Legislation, Over-Time

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Daniel Quiles-Pumarejo

Will the FLSA Regulations for Exempt Employees Apply to Puerto Rico Operations?

On August 30, 2023, the United States Department of Labor, Wage and Hour Division, released a Notice of Proposed Rulemaking (NPRM) to update and revise the regulations under the federal Fair Labor Standards Act regarding… more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Devika Punjabi

UK: New Rights to Neonatal Care Leave and Pay Take Effect on April 6, 2025

The UK Government has confirmed that new rights to statutory neonatal care leave (SNCL) and pay (SNCP) will come into effect from April 6, 2025. This gives employees who have a qualifying relationship with a child born on or… more

Compliance, Employee Benefits, Employee Rights, Employment Contract, Employment Policies

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Paul Quain

The Littler European Employer COVID-19 Survey Report - September 2020

Government-ordered office closures that swept much of Europe early in 2020 appear to have helped convince employers across the continent that workers could be just as productive remotely as they could while gathered in… more

Coronavirus/COVID-19, Employer Liability Issues, EU, Hiring & Firing, Infectious Diseases

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M. Collin Quigley

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. The Federal Trade Commission’s (FTC) final non-compete rule, which seeks to… more

Administrative Procedure Act, Competition, Confidential Information, Employer Liability Issues, Employment Contract

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Merille Raagas

Littler Global Guide - Australia - Q2 2019

Minimum Wage Increase - New Legislation Enacted - On July 1, 2019, employees under the national minimum wage and the modern award minimum wage (and in some cases, employees under a registered agreement) are set to receive… more

Australia, Evidentiary Standards, International Labor Laws, Labor Regulations, Minimum Wage

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Rachel Ring

Curb Your Remedial Enthusiasm – NLRB Acting General Counsel Offers Remedial Relief to Employers

On May 16, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum GC-25-06, calling for an efficient, practical approach to NLRB settlement agreements. Coming on the heels of Cowen’s prior… more

Biden Administration, Employee Rights, Employer Responsibilities, Labor Reform, New Guidance

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David Radelet

Illinois Governor Amends Labor Disputes Act

On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures… more

Amended Regulation, Collective Bargaining, Damages, Employee Rights, Employer Rights

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Angela Rafoth

“New PAGA” Brings Guarded Optimism to California Employers

Since its entry onto the legal scene in 2004, the Private Attorneys General Act of the California Labor Code (“PAGA”) has posed a formidable challenge to employers of all sizes striving to manage the disparate requirements of… more

California, Employees, Employer Liability Issues, Employment Litigation, Labor Code

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Richard Rahm

FMCSA Expands Emergency COVID-19 Relief Efforts Declaration

On March 18, 2020, the U.S. Department of Transportation’s Federal Motor Carrier and Safety Administration (FMCSA) issued an Expanded Emergency Declaration broadening federal exemptions from compliance with certain driver safety… more

Commercial Truck Drivers, Coronavirus/COVID-19, Department of Transportation (DOT), Exemptions, FMCSA

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Monaliza Rainwater

Colorado Court of Appeals Decision Underscores How Employer’s Prior Breach of an Employment Agreement May Excuse an Employee from Complying with Post-Employment Obligations

In a recent decision, the Colorado Court of Appeals affirmed a lower court’s ruling that a former executive for a credit-card processing company did not breach his employment agreement when he poached company clients, because… more

Breach of Contract, Employees, Employment Contract, Employment Litigation, No-Poaching

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Alka Ramchandani-Raj

OSHA Proposes Changes to Reporting and Recordkeeping Requirements

On July 1, 2025, the U.S. Occupational Safety and Health Administration (OSHA) issued several proposed rules, including two that impact employers’ recordkeeping and reporting obligations… more

Coronavirus/COVID-19, Employer Responsibilities, Federal Labor Laws, Healthcare Facilities, OSHA

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Juliana Ramos

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Niloy Ray

The Littler Annual Employer Survey Report - May 2025

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and local… more

Discrimination, Diversity, Diversity and Inclusion Standards (D&I), Employer Responsibilities, Executive Orders

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Elisabetta Rebagliati

EU Elections Tracker

Elections took place across the European Union from 6 – 9 June 2024. Every five years, European Union citizens elect their representatives as Members of the European Parliament (MEPs). A total of 720 MEPs were elected in June… more

EU, General Elections, International Labor Laws, Labor Reform

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Scott Rechtschaffen

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to… more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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Dr. Stefanie Reiche

Germany: Optimizing Severance Pay to Finance Early Retirement

Little known and therefore little used in Germany is the option of providing pension contributions instead of severance pay. If an employee has plans to retire early, or if a mutually agreed termination of the employment… more

Compensation & Benefits, Early Retirement, Early Retirement Distributions, Employee Benefits, Employees

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Erin Reid-Eriksen

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to… more

Artificial Intelligence, Bias, Data Privacy, Employees, Employer Liability Issues

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Charles Reis IV

Missouri Appellate Court’s Holding That Sex Discrimination May Be Based on Sex Stereotyping Offers Some Protections for LGBT Employees

In Lampley, et al. v. Missouri Commission on Human Rights, the Missouri Court of Appeals held that sex stereotyping can form the basis of a sex discrimination claim when the complaining party is gay, but should not be construed… more

Appeals, Civil Rights Act, Corporate Counsel, Employer Liability Issues, Employment Litigation

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Josephine Rendall-Neal

Cross-Border Legal Perspectives: Comparing the UK’s and France’s Approaches to Probation and Dismissals in Early Employment

What is changing in the UK? When an employer is considering dismissing an employee, the first question any UK employment lawyer will ask is: Does the employee have less than two years’ service? This is because UK employees… more

Employee Rights, Employer Liability Issues, Employment Litigation, Hiring & Firing, Labor Regulations

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Anne Reuben

2024’s Top Stories in Unfair Competition and Trade Secrets Law

2024 was quite a year in unfair competition and trade secrets law, with the Federal Trade Commission’s final rule on non-competes garnering widespread mainstream media attention. While the FTC final rule has been set aside… more

Corporate Counsel, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Final Rules

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Thomas Revnew

New Minnesota Meal and Rest Break Requirements

On June 14, 2025, Minnesota’s governor signed an omnibus bill, SF 17, which includes amendments to the state’s meal and rest break requirements found at Minnesota Statute Sections 177.253 and 177.254… more

Employee Benefits, Employee Rights, Employer Responsibilities, New Legislation, New Regulations

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Mariela Rexach

Amendment to Puerto Rico Sexual Harassment in the Workplace Law (Act 17-1988) Requires Implementation of Specific Complaint Protocols

On September 28, 2022, Puerto Rico Governor Pedro Pierluisi signed into law Act No. 82-2022 (Act 82) amending Act No. 17 of April 22, 1988, which prohibits sexual harassment in the workplace. This amendment expands employment… more

#MeToo, Amended Legislation, Complaint Procedures, Employees, Employer Liability Issues

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Rick Reyes

Write It Down: California’s Freelance Worker Protection Act Imposes New Requirements for Engaging Independent Contractors

Following other states and cities across the nation, California Governor Gavin Newsom signed Senate Bill 988, the Freelance Worker Protection Act (FWPA), into law on September 28, 2024. This new law aims to provide greater… more

California, Employment Contract, Freelance Workers, Hiring & Firing, Independent Contractors

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Ross Reyes

Texas Governor Fully Re-Opens Texas

On March 2, 2021, Texas Governor Gregg Abbott issued Executive Order GA-34 regarding the reopening of Texas businesses amid the COVID-19 crisis… more

Coronavirus/COVID-19, Executive Orders, Health and Safety, Infectious Diseases, Masks

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Eduardo Reyes Chávez

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… more

Artificial Intelligence, Federal Labor Laws, Innovative Technology, Labor Reform, Machine Learning

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Pamela Reynolds

The Supreme Court Relieves ERISA Plaintiffs of a Pleading Requirement: What’s Next for ERISA Plan Fiduciaries?

On April 17, 2025, the U.S. Supreme Court issued a decision that dealt a blow to benefit plan fiduciaries nationwide. The Court unanimously held in Cunningham v. Cornell University that a plaintiff asserting that a plan and… more

Benefit Plan Sponsors, Cunningham v Cornell University, Employee Benefits, Employee Retirement Income Security Act (ERISA), ERISA Litigation

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Brian Rho

Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA

Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th… more

Compensation & Benefits, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Lorenzo Riboni

Former EEOC Commissioner and Acting WHD Administrator Keith Sonderling Announced as Pick for Deputy Secretary of Labor

On January 14, 2025, President-elect Trump named former U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling as his pick for deputy secretary of the U.S. Department of Labor (DOL). This is a… more

Artificial Intelligence, Compliance, Department of Labor (DOL), Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Kate Richards

UK Court of Appeal Decision Addresses Tension Between Religious Beliefs and Reputational Damage

The UK Court of Appeal (CA) has handed down its judgment in the case of Higgs v. Famor’s School, adding to the growing body of case law that examines the complex issue of balancing employees’ freedom to express potentially… more

Educational Institutions, Employment Discrimination, Employment Litigation, Equality Act, Equality and Human Rights Commission (EHRC)

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Joseph Ridgeway

Oregon Reinstates Mask Mandate

Effective August 13, 2021, Oregon Governor Kate Brown will implement a statewide mask mandate for all children and adults ages 5 and older in all indoor public spaces regardless of vaccination status. This order will remain in… more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Responsibilities, Health and Safety

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Barbara Rittinger Rigo

Philadelphia POWER Act Affects Paid Sick Leave Obligations

On May 27, 2025, the mayor in Philadelphia, Pennsylvania signed into law File # 250065, which took effect immediately. Although the ordinance amended a variety of local employment standards, our focus is their impact on the… more

Employee Benefits, Employee Rights, Employer Responsibilities, Enforcement, Local Ordinance

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Lindsay Rinehart

NLRB General Counsel Provides Guidance on Non-Disparagement and Confidentiality Provisions in Severance Agreements

The National Labor Relations Board (NLRB or “the Board”) recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or… more

Confidentiality Agreements, Contract Terms, Employer Liability Issues, Guidance Update, NLRA

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Ana Carolina Ríos

Littler Global Guide - Panama - Q4 2019

Effects of Declaration of December 20, 2019, as a National Mourning Day - New Order or Decree - On December 28, 2019, President Laurentino Cortizo and his Cabinet declared December 20, 2019, as a National Mourning Day, in… more

International Labor Laws, Labor Regulations, Panama, Wage and Hour

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Billie Jo Risheim

Colorado Amends its Anti-Discrimination Law, Adding New Protections for Transgender Employees and Disabled Persons in Places of Public Accommodation

In the 2025 legislative session, Colorado lawmakers enacted two laws that amend the Colorado Anti-Discrimination Act (CADA) in distinct and material ways. The first, HB25-1312, clarifies CADA’s prohibition on gender expression… more

Anti-Discrimination Policies, Colorado, Disability Discrimination, Employee Rights, Employer Responsibilities

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Insa Ritter

New Hurdles for Employers in Germany – The Sharpening of the Law on Proof of Essential Working Conditions and its Consequences

The European Union (EU) in 2019 launched a civil law directive on transparent and predictable working conditions in the EU. The directive stipulates that the rights and obligations set out therein must apply to all employment… more

Employer Liability Issues, Employment Contract, EU, Germany, Hiring & Firing

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Ana Beatriz Rivera-Beltrán

Employers in Puerto Rico Must Adopt Workplace Harassment Protocols by August 2, 2021: Five Things Employers Should Know

On February 3, 2021, the Puerto Rico Department of Labor (PR DOL) published the “Guidelines on Workplace Harassment in Puerto Rico’s Private Sector” (Guidelines). The Guidelines were drafted pursuant to the mandate in Section 14… more

Employer Liability Issues, Harassment, Hostile Environment, Labor Regulations, New Guidance

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Lisa Rix

UK: Automatically Unfair COVID Dismissals

As expected, in the United Kingdom there has been an increase in employees seeking to bring claims of automatic unfair dismissal where they have been dismissed for… more

Adverse Employment Action, Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Employment Litigation

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Holly Robbins

DOJ Outlines Plans to Enforce the False Claims Act Against Recipients of Federal Funds that Knowingly Violate Civil Rights Laws

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum, Deputy Attorney General Blanche Memo: Civil Rights Fraud Initiative, announcing an initiative to “utilize the False Claims Act to investigate and, as… more

Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Enforcement Actions

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Lauren Robertson

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Jennifer Robinson

What Hospitality Employers Can Expect to See in Employment Law if Vice President Biden Wins the Election

While no one knows what the outcome of the presidential election will be, if Vice President Biden is elected, hospitality employers should expect to see the following labor and employment issues front and center: A call to… more

Federal Labor Laws, Gig Economy, Hospitality Industry, Independent Contractors, Joe Biden

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Rogelio Alanis Robles

Venezolanos necesitarán Visa para ingresar a México a partir del 21 de Enero de 2022

El 6 de enero de 2022, la Secretaría de Gobernación publicó en el Diario Oficial de la Federación un acuerdo por el que se da a conocer un cambio en la política migratoria mexicana, requiriendo a ciudadanos venezolanos contar… more

Foreign Nationals, Foreign Workers, Immigration Procedures, Mexico, Traveling Employee

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Luisa Rödemer

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Analiza Rodriguez

Utah Enacts New #MeToo-Inspired Law Related to Confidentiality Clauses

Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct. The #MeToo movement seeks to limit… more

Anti-Discrimination Policies, Compliance, Confidentiality Agreements, Corporate Counsel, Non-Disclosure Agreement

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Mariella Antola Rodriguez

Littler Global Guide - Peru - Q1 2019

Through Law N° 30907, the Peruvian Government recognized the equivalence between de facto/domestic partners relationships and traditional legal marriage, for purposes of pension benefits under the social security system… more

Amended Regulation, Domestic Partnership, Employee Benefits, International Labor Laws, Labor Relations

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Daniel Limés Rodríguez

Amendments to Puerto Rico’s Act 54 on Domestic Violence Will Impact Employer Policies

The governor of Puerto Rico recently signed into law amendments to Act No. 54 of August 15, 1989, “Act for the Prevention and Intervention with Domestic Violence.” The amendments include “economic violence” as a form of domestic… more

Domestic Violence, Employer Liability Issues, Employment Policies, Labor Reform, Labor Regulations

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Timothy Roehrs

Tectonic Shift Affecting Enforcement of Noncompetition Agreements Emanates from the 2017 Nevada Legislative Session and Passage of AB 276

Nevada noncompetition law has historically had few seismic shifts, which changed in 2016 when the Nevada Supreme Court issued its opinion in Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). That case sent… more

Blue Pencil Contract Modification, Employment Contract, Hiring & Firing, New Legislation, Non-Compete Agreements

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Andrew B. Rogers

Dear Littler: Do I Have to Allow Guns in the Workplace?

I’m a vice president of a retail company operating in five states. While visiting one of our stores, I overheard some employees talking about their handguns. One mentioned keeping her firearm in her car, while another said he… more

Concealed Weapons, Employee Handbooks, Employer No-Weapons Policies, Employment Policies, Firearms

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Dr. Stefan Röhrborn

Germany: Performance Target Agreements and Objectives

Employees in Germany with a bonus arrangement can claim variable compensation if they meet their agreed-upon or specified performance targets. The level of variable compensation upon full achievement of these targets is… more

Bonuses, Compensation & Benefits, Compensation Agreements, Germany, Performance Incentives

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Lysette Roman

U.S. Supreme Court Strikes Down Race-Conscious Admissions – What Does it Mean for Employers?

On June 29, 2023, the United States Supreme Court ruled that race-conscious admissions practices at Harvard College and the University of North Carolina, which are generally similar to how numerous other higher education… more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Jennifer Romaniuk

Indiana Supreme Court: Driver for Large Vehicle Transportation Matching Service Properly Classified as Independent Contractor

Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A,… more

ABC Test, Administrative Law Judge (ALJ), Appeals, Commercial Truck Drivers, Employer Liability Issues

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Mark Romeo

Ninth Circuit Indicates Restrictive Covenants in Collaborative Business-to-Business Agreements Can Escape Per Se Liability

Few experts in the field of unfair competition law would disagree that the 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., was a game changer in California, overturning what was then approximately 30… more

Antitrust Provisions, Employment Contract, Hiring & Firing, Non-Disclosure Agreement, Non-Solicitation Agreements

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Michael Romeo

Pennsylvania Secretary of Health Issues Order Mandating that Building Owners Clean High-Touch Areas in Accordance with CDC Guidance

In its latest response to the COVID-19 pandemic, Pennsylvania has ordered mandatory cleaning protocols for large buildings throughout the Commonwealth. On Sunday, April 5, 2020, Secretary of Health Dr. Rachel Levine issued an… more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Maintenance, Property Owners

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Arnout Roosen

Littler Global Guide - Belgium - Q4 2021

New Economic Migration Policy for Foreign Self-Employed Persons in Flanders - New Legislation Enacted - The Flemish Decree of October 15, 2021, which becomes effective on January 1, 2022, provides a new economic migration… more

Belgium, Company Cars, Coronavirus/COVID-19, Foreign Workers, Independent Contractors

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Douglas Ropel

California Court Holds Defendants in Workplace Violence Restraining Order Petitions Have a Due Process Right to Cross-Examine Employer’s Witnesses

On October 17, 2022, in an issue of first impression at the appellate level, California’s Court of Appeals (First District) published an opinion clarifying that a defendant in a petition for restraining order under California’s… more

California, Corporate Counsel, Cross Examination, Due Process, Employer Liability Issues

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Ana Rosado-Frontanés

Littler Global Guide - Puerto Rico - Q4 2021

Governor Issues New Executive Order Providing for New Vaccination Mandates - New Order or Decree - On November 15, 2021, Puerto Rico’s Governor issued Executive Order No. 2021-075 (EO 2021-075), which integrates prior… more

Arbitration Agreements, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates

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Kurt Rose

OSHA Releases National Emphasis Program Protecting High-Risk Workers

In response to President Biden’s January 2021 executive order, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released a National Emphasis Program (NEP) on March 12, 2021, targeting… more

Biden Administration, Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues, Essential Workers

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Kyle Roseman

Connecticut Appellate Court Declines to Expand Definition of “Supervisor” for Hostile Work Environment Claims

In a recent decision, the Connecticut Appellate Court held that “supervisor” for hostile work environment discrimination claims brought under Connecticut law is the same as applied in similar federal claims brought pursuant to… more

Administrative Law Judge (ALJ), Civil Rights Act, Connecticut, Employees, Employer Liability Issues

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Stephen Rosenberg

Connecticut Places New Recall and Retention Obligations on Certain Hotels, Lodging Houses, Food Service Contractors, and Building Services Enterprises

On July 13, 2021, Connecticut Governor Ned Lamont signed into law Substitute Senate Bill No. 658, An Act Requiring Employers to Recall Certain Laid-Off Workers in Order of Seniority (Act)… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employee Retention, Hiring & Firing, Infectious Diseases

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Keith Rosenblatt

New Jersey Court Imposes Limits on State Law’s Near-Limitless Definition of Disability

Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of “disability”… more

Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Employees, Employer Liability Issues

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Joy Rosenquist

Senate Committee Questions DOL, EEOC Nominees

On June 18, 2025, the Senate Committee on Health, Education, Labor & Pensions held a hearing to consider four key nominations for leadership roles at the U.S. Department of Labor and the Equal Employment Opportunity Commission… more

Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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Rick Roskelley

The Nevada Minimum Wage Will Be On The Ballot In 2022

During the last legislative session, the Nevada Legislature made several efforts to increase the state minimum wage. One such effort was Assembly Joint Resolution No. 10 of the 80th Legislative Session (AJR 10). If successful,… more

Ballot Measures, Minimum Wage, State Labor Laws, Wage and Hour

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Sarah Ross

Why Learning How to Count to 26 Just Became Important: Recent Changes to California and Local Minimum Wage Laws

Recently California’s Division of Labor Standards Enforcement (“DLSE”) issued an FAQ concerning 2016 legislative changes that impact the state minimum wage in 2017 and future years. The most notable change was the creation of a… more

Corporate Counsel, DLSE, Local Ordinance, Minimum Wage, Wage and Hour

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Ben Rouse

Pay Transparency: Is Change Afoot in the UK?

With the deadline for gender pay gap reporting in the UK having just passed in early April, we explore some of the broader pay gap reporting, pay equity and pay transparency developments, and predict how these wider external… more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, International Labor Laws, Labor Reform

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Michael Royal

Texas District Court Declares State Preemption Law Unconstitutional. What Now?

The legal battle continues between large cities and the State of Texas over state attempts to nullify local enactments on employment and other matters that exceed or conflict with state law… more

Constitutional Challenges, Employees, Employer Liability Issues, Local Ordinance, Preemption

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Jonathan Rue

Maine Legislative Update: Back to Work Incentives, Ban the Box, Tip Minimum, and Other Developments Affecting Employers

The First Special Session of the 130th Maine Legislature ended on July 19, 2021 with a flurry of votes on pending bills. Many of the newly-enacted laws, which were adopted with little debate, will significantly impact almost all… more

At-Will Employment, Ban the Box, Criminal Background Checks, Direct Deposit, Employer Liability Issues

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Laurie Rust

Colorado Issues Guidance on Accommodations in the Age of COVID-19

On May 21, 2020, Colorado Governor Jared Polis issued Guidance to Employers and Places of Public Accommodation Regarding Equal Opportunity Employment and Reasonable Accommodations Due to the Presence of COVID-19 (the “Colorado… more

Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

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Matthew Ruza

Illinois Federal Court Refuses to Halt Equal Benefits Provisions of Illinois Day and Temporary Labor Services Act

On May 23, 2025, Judge Thomas Durkin of the U.S. District Court for the Northern District of Illinois refused to enjoin enforcement of amendments to the Illinois Day and Temporary Labor Services Act (IDTLSA) that require… more

Appeals, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employee Rights, Employment Litigation

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Eugene Ryu

Dear Littler: Does Equity Compensation Count as Wages under Federal and California Law?

Dear Littler: We need to hire some key personnel for our new tech company. We intend to offer them equity in the enterprise as compensation. The equity should be very valuable in the long run, and the deal we have in mind is… more

Compensation & Benefits, Emerging Growth Companies, Equity Compensation, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Renea Saade

Alaska Legislature Eyes Minimum Wage, Pay Equity and Discrimination Law Changes

The Equal Pay and Living Wage Act (the Act), currently before the Alaska Legislature as Alaska Senate Bill 16, seeks several significant changes to Alaska’s minimum wage, pay equity and employment discrimination law. The Act… more

Anti-Discrimination Policies, Employer Liability Issues, Equal Pay, Gender Identity, Labor Reform

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Fay Saechao

New California Whistleblower Rights Notice Posting Takes Effect January 1, 2025

The new year is just around the corner, and that means that employers in California need to prepare for a host of new labor and employment law obligations that go into effect on January 1, 2025. One such obligation relates to… more

California, Employee Rights, Employer Responsibilities, Labor Relations, Notice Requirements

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Kimberly Saginario

Recent Amendments to the Pennsylvania Constitution Foreshadow the End of Statewide COVID-19 Orders in Pennsylvania

Pennsylvania’s Emergency Management Services Code allows a governor, upon declaring a disaster emergency, to issue orders responding to that emergency. The power to issue such orders ends either when the governor decides the… more

Constitutional Amendment, Coronavirus/COVID-19, Governor Wolf, Masks, State Constitutions

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Pamela Salgado

Colorado Passes Law Requiring Employers to Provide Three Types of Paid Sick Leave

The Colorado legislature recently passed SB20-205, the Healthy Families and Workplaces Act (“HFWA”), which will require all Colorado employers to provide three types of paid sick leave: 1) COVID-19 emergency paid sick leave… more

Employer Liability Issues, Paid Time Off (PTO), Sick Leave, Sick Pay, State and Local Government

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Aaron Saltzman

Third Circuit Finds Deductions from Accrued PTO Do Not Violate Salary Basis Requirement for Exempt Employees

The Third Circuit recently highlighted the flexibility afforded to employers when providing fringe benefits to salaried exempt employees. In Higgins v. Bayada Home Health Care Inc., No. 21-3286, 2023 WL 2518345 (3d Cir. Mar. 15,… more

Accrued Benefits, Employee Benefits, Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Michael Salveson

Virginia Begins Enforcement of New Workers’ Compensation Law on July 1, 2020

Beginning July 1, 2020, the Virginia Workers’ Compensation Commission will begin enforcing a new law that will affect how Virginia employers and their workers’ compensation insurance carriers respond to initial claims for… more

Bodily Injury, Insurance Industry, Workers Compensation Awards, Workers Compensation Reform, Workers' Compensation Claim

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Kennell Sambour

Cal/OSHA Releases Latest Revised Proposal for Re-adoption of COVID-19 Emergency Temporary Standards

On June 11, 2021, California’s Occupational Safety and Health Standards Board (Standards Board) released its latest set of proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency… more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

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Shahram Samie

Social and Political Issues and the Workplace - Implications for Employers

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets and… more

Employment Policies, First Amendment, Free Speech, NLRA, Off-Duty Employees

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Benjamin Sanchez

Cal/OSHA Issues Emergency Temporary Guidance Regarding Medical Surveillance Examinations amid Potential Exposure to COVID-19

On June 5, 2020, the California Division of Occupational Safety and Health, commonly known as Cal/OSHA, issued temporary emergency guidance to assist physicians and other licensed health care professionals (PLHCPs) balance the… more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Health Care Providers, Healthcare Workers

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Daniel Gomez-Sanchez

New York City Bans Contractual Provisions Shortening Period of Time to File Complaints or Civil Actions Relating to Discrimination, Harassment or Violence

Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action,… more

City of New York, Corporate Counsel, Employees, Employer Liability Issues, Employment Contract

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Ben Sandahl

Nebraska Enacts Marketplace Network Platform Statute

On March 11, 2025, Nebraska passed a marketplace network platform statute that deems workers who use a marketplace network platform independent contractors under the state unemployment statute if certain conditions are met. The… more

Compliance, Employment Contract, Employment Policies, Gig Economy, Independent Contractors

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Douglas Sanderson

Ontario, Canada Court Confirms Sexual Harassment Not an Independent Tort

Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an… more

Canada, Employees, Employer Liability Issues, Employment Litigation, Human Rights Code

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Marcin Sanetra

EU Pay Transparency Directive in Poland: What Does Pay Equality Mean for Employers and Employees?

The EU directive on pay transparency raises many concerns, primarily because its implementation may complicate Polish laws, which so far have not regulated the issue of pay equality in the same way that gender pay has long been… more

Employment Discrimination, Equal Pay, Equality Act, EU, Gender Discrimination

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Geida Sanlate

The Global Guide Quarterly (Quarter 2, 2023)

Australia Paid Parental Leave Amendment New Legislation Enacted Authors: Naomi Seddon, Shareholder, and Xi (Grace) Yang, Of Counsel – Littler Australia has amended its Paid Parental Leave law in order to make the leave more… more

Employees, Employer Liability Issues, Hiring & Firing, International Labor Laws, Labor Reform

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José Santiago

Puerto Rico State Insurance Corporation Issues 2020-2121 Risk Classification Manual with Important Modifications

On July 1, 2020, the Puerto Rico State Insurance Fund Corporation (“SIF”) announced the automatic extension of the deadline for employers to file the Payroll Statement for fiscal year 2020-2021, from July 20 to August 4, 2020… more

Coronavirus/COVID-19, Employee Benefits, Employer Liability Issues, Infectious Diseases, Puerto Rico

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Asha Santos

California Restaurants Must Identify Service Fees as Part of Listed Prices

California’s Department of Justice recently confirmed that California’s new law requiring businesses to disclose “junk fees” as part of the advertised price extends to California restaurants, delivering another challenge to a… more

California, Fees, Goods or Services, Hospitality Industry, Regulatory Reform

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Jamie Santos

New Amendments to California Bill Clarify Scope of Prohibition on Junk Fees for Restaurant Industry

On June 29, 2024, Governor Newsom signed into law an amendment to California Code 1770, clarifying the scope of SB 478. Under SB 478 and previously published guidance from the attorney general, California restaurants were… more

California, Fees, Goods or Services, Hospitality Industry, Regulatory Reform

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Laura Saracina

Nearly 50 Years Later, the Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims

In its June 29, 2023, unanimous decision in Groff v. DeJoy, the United States Supreme Court upended nearly 50 years of precedent by “clarifying” the undue hardship standard in religious accommodation claims under Title VII of… more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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Stephanie Sarantopoulos

New Obligations for Frontline Sector Employers through Minnesota’s Frontline Worker Pay Program

On April 29, 2022, Minnesota Governor Tim Walz signed S.F. No. 2677 (2022) into law. This law authorizes bonus payments to Minnesotans who worked in frontline sectors during the COVID-19 peacetime emergency. This so-called… more

Bonuses, Employer Liability Issues, Essential Workers, Labor Reform, Relief Measures

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Bruce Sarchet

Capitol Gains: California's Legislative Highlights for 2025

California’s legislature covered a wide array of labor and employment law topics in the 2024 legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2025,… more

Anti-Discrimination Policies, Artificial Intelligence, California, Employee Privacy Rights, Employee Rights

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Christine Sargent

Remand Rules: Oregon Supreme Court Clarifies What You Can Appeal

On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed… more

Appeals, Appellate Courts, Employer Liability Issues, Employment Litigation, Healthcare Workers

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Rachel Fendell Satinsky

Rescission of NLRB General Counsel Memos on Non-Compete Agreements Indicates Shift in Enforcement Priorities

On February 14, 2025, National Labor Relations Board Acting General Counsel William Cowan rescinded several previously issued memos, including two related to restrictive covenants: (1) GC Memorandum 23-08, Non-Compete Agreements… more

Employees, Employment Contract, Employment Litigation, Labor Reform, NLRA

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Eric Savage

Employment Law Implications of the New Anti-Money Laundering Act

When Congress overrode President Trump’s veto of the National Defense Authorization Act on January 1, 2021, it enacted the Anti-Money Laundering Act (AMLA), which was part of the defense authorization bill. In doing so,… more

Anti-Money Laundering, BSA/AML, Corporate Counsel, Currency Transaction Reports (CTR), Financial Crimes

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Jennifer Savion

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Patrick Schach

Alabama Tax Law Changes Clarify Overlap with FLSA and Explain Reporting on Form W-2

A new Alabama law clarifies the types of overtime wages exempt from state withholding, prompting the Alabama Department of Revenue to promulgate new rules. Last year, the Alabama Legislature enacted Act 2023-421, excluding… more

Alabama, Fair Labor Standards Act (FLSA), Over-Time, W-2, Wage and Hour

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Rebecca Schach

Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory… more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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Haley Schaefer

Reopen Connecticut Phase One: Sector Rules for May 20 Reopening

On May 9, 2020, Connecticut Governor Ned Lamont and the Department of Economic and Community Development (DECD) released guidelines for businesses that will be allowed to reopen during Phase 1 of the state’s reopening plan. As… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Responsibilities, Popular, Re-Opening Guidelines

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Adrienne Scheffey

Colorado Limits Inquiries About Applicants’ Criminal History

Colorado has joined the ban-the-box legislative trend. Ban-the-box laws prohibit employers from asking applicants about criminal history on the employment application, thereby banning the once-common checkbox for applicants to… more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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Matthew Scherer

WPI Labor Day Report 2019

Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past… more

#MeToo, Affordable Care Act, Ban the Box, Employer Mandates, Equal Employment Opportunity Commission (EEOC)

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Mónica Schiaffino

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Jennifer Schilling

Hold the Presses: Illinois OSHA Mirrors Supreme Court’s Stay of Vaccinate or Test Emergency Temporary Standard

In the wake of the United States Supreme Court’s January 13, 2022 decision to grant emergency relief to stay implementation of the federal Occupational Health and Safety Administration’s Emergency Temporary Standard regarding… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Infectious Diseases, State Labor Laws

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Jean Schmidt

New York Releases FAQs on Statewide Salary History Ban

Changes to New York state law that prohibit employer inquiries into the salary history of applicants and employees took effect on January 6, 2020. Recently, the New York Department of Labor released a series of Frequently Asked… more

Corporate Counsel, Covered Employer, Employee Rights, Employer Liability Issues, Equal Pay

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Amancaya Andrea Schmitt

The “Trans-Atlantic Data Privacy Framework” – Finally a Legally Secure Data Transfer to the United States?

Since the European Court of Justice (ECJ) declared the “Safe Harbour” agreement—which had permitted U.S. companies to comply with EU restrictions on the transfer of personal data outside the EU—invalid in October 2015,… more

Data Processors, Data Protection, EU, EU-US Privacy Shield, European Commission

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Eva Schneiders

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

See all updates »

Jennifer Schorgl

Annual Report On EEOC Developments - Fiscal Year 2021

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC Developments—Fiscal… more

Annual Reports, Corporate Counsel, Diversity, EEO-1, Employer Liability Issues

See all updates »

Meredith Schramm-Strosser

DOJ Outlines Plans to Enforce the False Claims Act Against Recipients of Federal Funds that Knowingly Violate Civil Rights Laws

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum, Deputy Attorney General Blanche Memo: Civil Rights Fraud Initiative, announcing an initiative to “utilize the False Claims Act to investigate and, as… more

Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Enforcement Actions

See all updates »

Lisa Schreter

U.S. Department of Labor Expands Opinion Letter Program

On June 2, 2025, the U.S. Department of Labor (DOL) expanded its opinion letter program, which should provide guidance on areas handled by multiple enforcement agencies within the DOL. Publication of opinion letters is a… more

Department of Labor (DOL), Employee Benefits, Employee Rights, Employer Responsibilities, Fair Labor Standards Act (FLSA)

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Theodore Schroeder

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations for a constructive discharge claim begins to run at the time the employee resigns. While the… more

Constructive Discharge, Corporate Counsel, Equal Employment Opportunity Commission (EEOC), Filing Deadlines, Green v Brennan

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Ulrike Schulke

Germany: Does the Works Council Have a Say When Employees Use ChatGPT? No, According to the Labor Court Hamburg

Artificial intelligence (AI) can make work life easier. It is therefore not surprising that companies are keen to utilize the technical possibilities of AI, particularly by means of ChatGPT. However, use of AI in the workplace… more

Artificial Intelligence, Employee Rights, Employees, Employer Liability Issues, Germany

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Philipp Schulte

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

Welcome back to our “cross-border perspectives” 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… more

Employee Rights, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Eric Schultz

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

See all updates »

Cody Schvaneveldt

Oregon's Pay Equity Law: Bureau of Labor and Industries Issues Permanent Administrative Order and Rules

On November 19, 2018, Oregon’s Bureau of Labor and Industries (BOLI) issued its administrative order and rules implementing the Oregon Equal Pay Act of 2017 (the “Pay Equity Law”), which includes restrictions on salary history… more

Administrative Orders, Compensation & Benefits, Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination

See all updates »

Justin Scott

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

See all updates »

Roger Scruggs

Labor & Employment Issues Facing the Healthcare Industry

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical… more

Antitrust Provisions, Ban the Box, Corporate Restructuring, Discrimination, False Claims Act (FCA)

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Rachel Seaton Brownell

New Jersey’s Declaration of No Independence? Agency Issues Proposed Regulations on the ABC Test

On April 28, 2025, the New Jersey Department of Labor and Workforce Development (NJDOL) issued a press release announcing the publication of proposed regulations interpreting the “ABC test” used to determine whether workers are… more

ABC Test, Employee Definition, Employer Responsibilities, Independent Contractors, Misclassification

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Naomi Seddon

Australian Government Releases Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025

As part of a suite of reforms intended to prevent sexual harassment and gender-based harassment, the Australian Government has released a detailed code of practice under work health and safety legislation. The government’s… more

Anti-Harassment Policies, Australia, Employee Rights, Employee Training, Employer Responsibilities

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Sasha Segal

Random Alcohol and Drug Testing – New Hope for Ontario Employers?

A recent decision from the Ontario Superior Court of Justice may pave the way for random alcohol and drug testing in the workplace. However, the final word is yet to come from a long-anticipated decision from an Ontario labour… more

Alcohol Testing, Arbitration, Canada, Drug Testing, Employment Policies

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Jeffrey Seidle

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent… more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Dru Selden

Illinois Makes Move to Ban Employer-Sponsored Meetings

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing… more

Anti-Retaliation Provisions, Employee Rights, Employees, Employer Liability Issues, First Amendment

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Blair Senesi

Write It Down: California’s Freelance Worker Protection Act Imposes New Requirements for Engaging Independent Contractors

Following other states and cities across the nation, California Governor Gavin Newsom signed Senate Bill 988, the Freelance Worker Protection Act (FWPA), into law on September 28, 2024. This new law aims to provide greater… more

California, Employment Contract, Freelance Workers, Hiring & Firing, Independent Contractors

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Ivie Serioux

Deepfakes and Digital Harassment: What Employers Need to Know in 2025

The landscape of workplace harassment has evolved beyond physical offices, after-hours texts and off-site events. Employers now face a sophisticated and deeply unsettling threat: deepfake technology. Once the domain of tech… more

Artificial Intelligence, Deep Fake, Employee Rights, Employer Liability Issues, Employment Litigation

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Johane Severin

How Artificial Intelligence Tools Can Increase Diversity

Artificial intelligence (AI) continues to dominate headlines and even the most recent Super Bowl advertisements. The use of AI in the workplace is rapidly expanding in a wide variety of ways throughout the hiring process,… more

Algorithms, Artificial Intelligence, Automation Systems, Diversity and Inclusion Standards (D&I), Employer Liability Issues

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Mary Kate Sexton

First Circuit Holds that Having an Employee Involuntarily Committed May Not Violate the ADA

All employers should care about their employees’ mental health – but when does this concern put an employer in territory that may violate the Americans with Disabilities Act (ADA)? In López-López v. The Robinson School, the… more

Americans with Disabilities Act (ADA), Disability Discrimination, Educational Institutions, Employee Evaluations, Employer Liability Issues

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Julia Shackleton

Rhode Island’s Amended Payment of Wages Act Now Imposes Felony Penalties on Employers

Effective January 1, 2024, the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (“Wage Act”) will make a “knowing[] and willful[]” wage and hour violation punishable as a criminal felony. Should an employer,… more

Amended Regulation, Criminal Liability, Employer Liability Issues, Independent Contractors, Labor Law Violations

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Molly M. Shah

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Employers should continue to exercise caution and care in drafting their criminal record screening policies. A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth Circuit’s… more

Administrative Procedure Act, Ban the Box, Bias, Civil Rights Act, Class Action

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Jonathan Shapiro

FDIC Approves Final Rule to Update Its Section 19 Regulations – Insured Depository Institutions Have Until October 1, 2024 to Comply

On July 30, 2024, the Federal Deposit Insurance Corporation (“FDIC”) Board of Directors approved a final rule that updates the FDIC’s regulations concerning Section 19 of the Federal Deposit Insurance Act, 12 U.S.C.§ 1829… more

Banks, Compliance, Credit Unions, Depository Institutions, FDIC

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Kimberly Shappley

OSHA Renews its National Emphasis Program on Amputations in the Manufacturing Industry

The U.S. Department of Labor’s Occupational Safety and Health Administration renewed its National Emphasis Program on Amputations in Manufacturing Industries (NEP) on June 27, 2025, superseding the prior version. This new NEP… more

Employee Training, Employer Responsibilities, Enforcement Actions, Manufacturers, New Guidance

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Puja Sharma

California Governor Vetoes Bill Banning Caste Discrimination

On October 7, 2023, Governor Gavin Newsom vetoed proposed bill SB 403, which, as previously discussed, sought to ban discrimination based on caste under the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, and… more

California, Employees, Employer Liability Issues, FEHA, Governor Vetoes

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Shabri Sharma Baliga

Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information… more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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Zack Sharpe, IV

An Employer’s Guide to New York State’s New Lawful Absence Law

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees who… more

Adverse Employment Action, Attendance, Employee Rights, Employees, Employer Liability Issues

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Jonathan Shaw

Pennsylvania Supreme Court Decides Issue of First Impression on “No-Hire” (or “No-Poach”) Agreements

The Pennsylvania Supreme Court recently decided an issue of first impression regarding “no-hire” (or “no-poach”) provisions in commercial contracts between two companies. In such agreements, one company agrees not to solicit or… more

Employer Liability Issues, Employment Contract, Employment Litigation, First Impression, Former Employee

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Kellen Shearin

Politics in the Workplace: What Employers Need to Know

As the 2024 election approaches, protests continue across the country, and employees increasingly engage in discourse on important national and international political topics, employers can expect that political speech and… more

Employee Rights, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Robert Sheffield

Kansas “Stay Home” Order – What It Means For Employers

On March 28, 2020, Kansas Governor Laura Kelly issued Executive Order No. 20-16 establishing a statewide “Stay Home” Order (the “Order”) for Kansas to minimize the risk and spread of infection by COVID-19… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

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Lisa Shevlin

Untangling the Oregon Leave Quagmire – Answers to Common Compliance Questions in Light of Recent Legislative Changes

If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be… more

Compliance, Employee Benefits, Employee Rights, Employer Liability Issues, Employer Responsibilities

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Melissa Shingles

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Emily Shoda

EEOC Issues Guidance on Inclusion of International Employees on OWBPA Disclosures

On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued long-awaited and much-needed clarification on whether non-U.S. citizen employees working for a U.S. employer outside the United States must be… more

ADEA, Age Discrimination, Disclosure Requirements, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Meredith Shoop

WPI Labor Day Report 2021

Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and… more

Department of Labor (DOL), Employer Mandates, Equal Employment Opportunity Commission (EEOC), Labor Regulations, Labor Relations

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Stephen Shore

British Columbia, Canada Court of Appeal Affirms Enforceability of Termination Clause That Incorporated by Reference Notice and Severance Provisions of Canada Labour Code

In Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, the British Columbia Court of Appeal (BCCA) upheld a lower court’s decision that a termination clause in an employment agreement was enforceable because it was neither… more

Canada, Employment Contract, Employment Litigation, Hiring & Firing, Severance Agreements

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Yusra Siddiquee

Canada Changes Family Open Work Permit Eligibility for Spouses of International Students and Foreign Workers and Dependents of Foreign Workers

On January 14, 2025, Immigration, Refugees and Citizenship Canada announced that effective January 21, 2025, open work permit (OWP) eligibility will be changed so that only spouses of certain international students and foreign… more

Canada, Foreign Nationals, Foreign Students, Foreign Workers, Immigration Procedures

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Kathryn Siegel

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

On October 7, 2024, National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued GC Memorandum 25-01, consisting of two parts. First, the GC urges the NLRB to provide make-whole relief to employees if the Board… more

Employment Contract, Federal Labor Laws, NLRA, NLRB, NLRB General Counsel

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Daniela Silva

Littler Global Guide - Colombia - Q4 2021

New Law Establishes New Working Hours - New Legislation Enacted - Law 2101 of 2021 was enacted to reduce the workweek in Colombia, to a maximum of 42 hours per week, which may be distributed by mutual agreement between… more

Colombia, Employer Liability Issues, Gender Equity, International Labor Laws, New Legislation

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Steve Silver

The Parity Paradox: MHPAEA Compliance for Employers and Insurers During the 2024 Enforcement Pause

The U.S. Departments of Labor, Health and Human Services, and Treasury have announced that they will pause enforcement of the 2024 Mental Health Parity and Addiction Equity Act (MHPAEA) Final Rule (the “2024 Final Rule”) for 18… more

Consolidated Appropriations Act (CAA), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues

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Jena Silverman

An Employer’s Guide to New York State’s New Lawful Absence Law

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees who… more

Adverse Employment Action, Attendance, Employee Rights, Employees, Employer Liability Issues

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Scott Silverman

We The Temp Workers: New Jersey Enacts “Temporary Workers’ Bill of Rights”

On February 6, 2023, New Jersey Governor Phil Murphy signed into law Assembly Bill No. A1474 / S511, commonly known as the “Temporary Workers’ Bill of Rights” (the “Bill of Rights”), which establishes numerous labor and… more

Employee Rights, Employees, Employer Liability Issues, Joint Employers, Labor Reform

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William Simmons

Wisconsin Supreme Court Tackles Thorny Contours of Arrest Record Discrimination

In a recent case, Oconomowoc Area School District v. Cota, the Wisconsin Supreme Court examined the definition of “arrest record” and the circumstances under which employers may lawfully consider arrest records in making… more

Arrest, Background Checks, Criminal Records, Employee Rights, Employment Discrimination

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Jeronimo Simonovis

New Year, New Laws: Illinois Legislative Amendments Employers Won’t Want to Miss in 2023

2023 will bring new laws affecting Illinois employers. The Illinois legislature passed over 180 laws that take effect on January 1, 2023. This article will cover three of the most relevant developments for Illinois employers,… more

Employees, Employer Liability Issues, Hairstyle Discrimination, Illinois, Labor Reform

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Tyler Sims

Florida’s CHOICE Act Offers Employers Two New Types of Agreements to Prevent Unfair Competition by Highly Compensated Former Employees

On June 18, 2025, the Florida legislature presented Governor Ron DeSantis with the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. It is expected that Governor DeSantis will… more

Employees, Employer Responsibilities, Employment Contract, Florida, Highly Compensated Employees

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Monica Sislak

NYC Department of Consumer and Worker Protection Issues Guidance on AI Regulations

Two business days before the start of enforcement of NYC Local Law 144 of 2021, the first-of-its kind law regulating the use of AEDTs (Automated Employment Decision Tools), the New York City Department of Consumer and Worker… more

Artificial Intelligence, City of New York, Enforcement, Hiring & Firing, Job Promotions

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Mike Skidgel

Considerations for Artificial Intelligence Policies in the Workplace

In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many courts… more

Algorithms, Artificial Intelligence, Bias, Confidential Information, Corporate Counsel

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John Skonberg

California District Court Refuses to Enjoin Hazard Pay Ordinance

A growing number of cities in California, including Oakland, Long Beach, Montebello, West Hollywood and San Leandro, have recently enacted ordinances requiring large grocery and/or drug stores to pay specified workers premium… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Workers, Grocery Store Workers, Grocery Stores

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Inge Slangen

The Netherlands: When does the prohibition against termination during sickness apply?

In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle. The reflection… more

Employer Liability Issues, Employment Contract, Employment Litigation, EU, Hiring & Firing

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Maria Skuggevik Slotnes

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Chelsea Smialek

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

On December 23, 2022, President Biden signed into law H.R. 7776, the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” (the “NDAA 2023”). What many may not yet realize is that Section 5705 of the NDAA… more

Criminal Background Checks, Criminal Records, Depository Institutions, Employer Liability Issues, Employment Discrimination

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Ben Smith

UK Tribunal Decision Opens Door to Expansion of Employer Liability for Deductions from Wages Claims

A recent Tribunal decision in Afshar and others v. Addison Lee Ltd found that the two-year backstop on deductions from wages claims, which has been in force for nearly a decade, was void and the Claimants in that case could… more

Employee Rights, Employees, Employer Liability Issues, Employment Contract, Employment Litigation

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Douglas Edward Smith

Seattle City Council Approves Secure Scheduling Ordinance

As widely anticipated, on September 19, 2016, the Seattle City Council passed the Secure Scheduling Ordinance (SSO), CB 118765, by a unanimous vote. The SSO mandates that large retail and food service employers provide two… more

Anti-Retaliation Provisions, Employer Liability Issues, Fast-Food Industry, Hiring & Firing, Local Ordinance

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James Smith

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical… more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Stephen Smith

"A Little Bad Grammar Will Not Annul" – Missouri Unions Move Ahead with Referendum Petition to Revoke Right-to-Work

Missouri was set to become a right-to-work state on August 28, 2017. However, unions have continued efforts to prevent the implementation of Senate Bill 19 (“SB 19”), Missouri’s right-to-work bill. Article III, Section 52 of the… more

Collective Bargaining, Right to Work, Unions

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Remy Snead

Illinois Stay-at-Home Order Modified and Extended – What Do Employers Need To Know Before May 1, 2020?

Update: On April 27, 2020, a Clay County Circuit Court Judge granted a restraining order temporarily blocking the extension of Illinois’ stay-at-home order, which was set to become effective on May 1, 2020. Governor Pritzker… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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Alison Sneddon

UK: Menopause Awareness in the Workplace

Menopause awareness continues to be a growing focus for employers in the UK. In light of World Menopause Day 2024, we wanted to provide a recap on the developments and updates that have been made in the space this year. Recent… more

Anti-Discrimination Policies, Discrimination, Employee Training, Employees, Employer Liability Issues

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Rui Rego Soares

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Hyunchai Isabelle Sohn

10 Things Employers Should Know About Korean Labor Law

Korea is an important economy in Asia with significant business opportunities. Multinational companies engage workers in Korea in all industries – from manufacturing to technology to finance. It is important to realize, however,… more

Employee Benefits, Employee Rights, Employer Liability Issues, Employment Discrimination, Employment Policies

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Janene Sohng

Washington Senate Bill 5041 Expands Unemployment Benefits to Striking and Locked-Out Workers

Washington recently became the third state in the nation—joining New York and New Jersey—to offer unemployment benefits to workers on strike or locked out by their employers. Under the newly signed Senate Bill 5041, eligible… more

Employee Benefits, Employer Responsibilities, Labor Disputes, New Legislation, Reporting Requirements

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Terri Solomon

New York Proposes Chapter Amendment to Retail Worker Safety Act, Including Sweeping Changes to the Panic Button Requirement

As of February 4, 2025, the New York Senate and Assembly approved a Chapter amendment to the Retail Worker Safety Act (the “Act”), a law that has drawn much attention and caused consternation among employers, legal… more

Employee Rights, Employees, Employment Policies, New York, Regulatory Requirements

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Lucía Solórzano

Littler Global Guide - Central America - Q1 2019

On March 18, 2019, the Legislative Chamber amended the Law for the Promotion of the Social Equality of Women. This reform adds three new articles to the law, to strengthen the legal requirement for all employers to pay men and… more

Breastfeeding, Costa Rica, Equal Pay, Gender-Based Pay Discrimination, International Labor Laws

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Ueli Sommer

The Global Guide Quarterly - Quarter 4, 2023

Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’… more

Employer Liability Issues, Employment Contract, Hiring & Firing, International Labor Laws, Labor Reform

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Min Song

The Parity Paradox: MHPAEA Compliance for Employers and Insurers During the 2024 Enforcement Pause

The U.S. Departments of Labor, Health and Human Services, and Treasury have announced that they will pause enforcement of the 2024 Mental Health Parity and Addiction Equity Act (MHPAEA) Final Rule (the “2024 Final Rule”) for 18… more

Consolidated Appropriations Act (CAA), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues

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Paul Sopher

New Criminal Prosecutions Under Pennsylvania Wage Laws Pose a Major Threat to Contractors

The federal Fair Labor Standards Act (FLSA) and some state wage laws contain provisions that impose criminal penalties on violators. These provisions, once rarely used, are taking on new life as government officials have begun… more

Construction Project, Construction Workers, Contractors, Criminal Prosecution, Fair Labor Standards Act (FLSA)

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Jeremy Sosna

More Changes to Minnesota’s Employment Laws are Imminent

In recent years, Minnesota has enacted sweeping legislation impacting Minnesota employers at a break-neck pace. As the most recent legislative session came to a close, another set of new and supplemental laws was passed and… more

Compensation & Benefits, Employee Rights, Employer Responsibilities, Independent Contractors, Minimum Wage

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Spencer Soucy

New York’s New Notice of Electronic Monitoring Goes into Effect on May 7, 2022

New York State’s recently enacted law requiring notice of electronic monitoring goes into effect on May 7, 2022. To comply with the law, private employers with a place of business in New York must (1) provide notice to new hires… more

Employee Monitoring, Employee Privacy Rights, Employee Rights, Employee Tracking, Employer Liability Issues

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Amber Spataro

New Jersey Legislature Tells Employers: No Transparency? No Doing Business Here!

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… more

Disclosure Requirements, Hiring & Firing, Job Ads, Job Applicants, Pay Transparency

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Jamie Spataro

OSHA Proposes Changes to Reporting and Recordkeeping Requirements

On July 1, 2025, the U.S. Occupational Safety and Health Administration (OSHA) issued several proposed rules, including two that impact employers’ recordkeeping and reporting obligations… more

Coronavirus/COVID-19, Employer Responsibilities, Federal Labor Laws, Healthcare Facilities, OSHA

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Laura Spector

Annual Report on EEOC Developments - Fiscal Year 2023

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

ADEA, Americans with Disabilities Act (ADA), Annual Reports, Civil Rights Act, Corporate Counsel

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Kelly Spina

Second Circuit Upholds New York’s Vaccination Mandates for Healthcare Workers Without Religious Exemptions

In a November 4, 2021 opinion, the U.S. Court of Appeals for the Second Circuit upheld New York’s vaccine mandate for healthcare workers, rejecting arguments advanced by healthcare professionals in two different district court… more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates

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Cooper Spinelli

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Consent Decrees, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Angelo Spinola

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical… more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Jonathan Sprague

Fifth Circuit Reaffirms that Private Settlements of FLSA Claims May Be Enforceable When There is a Bona Fide Liability Dispute

On June 1, 2015, in Bodle v. TXL Mortgage Corporation, the U.S. Court of Appeals for the Fifth Circuit recognized established precedent that parties may privately settle and release wage claims that include a bona fide dispute… more

Appeals, Corporate Counsel, Fair Labor Standards Act (FLSA), Non-Judicial Settlement Agreements, Wage and Hour

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Sari Springer

Littler World Cup Matchups Part 2: Short-Term Sick Pay

The World Cup is fast approaching! Over the course of the tournament, we will be publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. In Part I of this… more

Compensation & Benefits, Employee Benefits, Employer Liability Issues, International Labor Laws, Sick Leave

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Andrew Spurchise

FTC and NLRB Announce Interagency Cooperation in the “Gig Economy”

On July 19, 2022, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) signed a four-page Memorandum of Understanding (MOU) regarding information sharing, cross-agency training, and outreach in… more

Federal Trade Commission (FTC), Gig Economy, Independent Contractors, Information Sharing, Memorandum of Understanding

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Sarah Squillante

Federal Court Limits Scope of OSHA Inspection Authority

On October 9, 2018, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court decision to limit the scope of an inspection sought by the Occupational Safety and Health Administration (OSHA). In this… more

Corporate Counsel, Employer Liability Issues, OSHA, Safety Inspections, Workplace Hazards

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Daniel Srsic

U.S. Supreme Court Holds that ERISA Plan Can Enforce Contractual Limitations Provision to Bar Benefit Claim Lawsuit

The U.S. Supreme Court in Heimeshoff v. Hartford Life & Accident Insurance Co. et al. resolved a split among the circuits when it held that a contractual limitations clause in an ERISA-governed long-term disability benefits plan… more

Disability, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Heimeshoff v. Hartford Life & Accident Insurance Co.

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Heather St. Clair

New State Employment Laws Set to Take Effect on January 1, 2021

As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions. Compared to prior years, there are… more

Child Abuse, Corporate Counsel, Employee Privacy Rights, Employer Liability Issues, Gig Economy

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Joe St. James

Minneapolis, Minnesota Amends its Anti-discrimination Ordinance

On May 12, 2025, the city of Minneapolis enacted extensive amendments to its existing anti-discrimination ordinance, including expanding definitions relating to protected characteristics and accommodations. The ordinance applies… more

Anti-Discrimination Policies, Disability Discrimination, Employee Rights, Employment Discrimination, Hiring & Firing

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Elizabeth Staggs Wilson

California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage… more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Rest and Meal Break

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Don Stait

Final Regulations Clarify Some Provisions of the Oregon Sick Leave Law

In anticipation of the January 1, 2016, effective date, the Oregon Bureau of Labor and Industries (BOLI) has published administrative rules to implement the Oregon Sick Leave Law. Under the new law, nearly all employers with… more

Collective Bargaining Agreements (CBA), Employee Benefits, Notice Requirements, Paid Time Off (PTO), Sick Leave

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Jason Stanevich

First Circuit Finds University Police Sergeants and Sergeant Detectives are “Supervisors” Under the National Labor Relations Act

On May 23, 2025, the First Circuit Court of Appeals reversed the National Labor Relations Board’s 2024 decision that police sergeants and sergeant detectives in Northeastern University’s police department were statutory… more

Appeals, Educational Institutions, Employee Rights, Employment Litigation, Labor Relations

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Jennifer Staples

Expiration of State Preemption of Anti-Discrimination Ordinances Prompts North Carolina Counties and Cities to Enhance Protections at the Local Level

A vestige of the aftermath of North Carolina’s infamous 2016 “House Bill 2” (also known as “the Bathroom Bill”) expired on December 1, 2020, paving the way for local North Carolina governments to pass or reinstate… more

Anti-Discrimination Policies, LGBTQ, Local Ordinance, Preemption, Regulatory Reform

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Dane Steffenson

Georgia Prohibits State-Implemented COVID-19 Vaccine Passport Programs and Restricts Disclosure of Individuals’ Vaccination Status

On May 25, 2021, Governor Brian Kemp signed an Executive Order (Order) prohibiting any state agency, provider of state services, or state property from implementing a Vaccine Passport Program (VPP) or otherwise requiring an… more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Executive Orders, Health and Safety

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Kelsey Stegall

The Gilded Wage? Nevada Voters Eliminate Two-Tier Minimum Wage System

For nearly two decades, Nevada has utilized a unique two-tier minimum wage system that permitted employers that offered qualified health benefits to employees to pay $1.00 less per hour than employers that did not offer such… more

Ballot Measures, Constitutional Amendment, Employer Liability Issues, Labor Reform, Minimum Wage

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Walburga Stephinger

In Germany, a Difficult Equation: Travel Time = Working Time = Pay?

When employees travel for work the same questions tend to arise over and over again: Does all travel time count as working time? Does the employer have to pay for this time? Often, the response to these questions is unclear… more

Germany, Travel Time, Traveling Employee, Wage and Hour

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C. Eric Stevens

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical… more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Elizabeth (Libby) Stevenson

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

See all updates »

Anton Stewart

The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board, as… more

Corporate Counsel, Employment Contract, Federal Trade Commission (FTC), Former Employee, Intellectual Property Protection

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Holly Stewart

Pandemic-Born Rules: Nevada’s Newest Employment Laws

In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation, some of which affect employers… more

Employee Rights, Employer Liability Issues, Hairstyle Discrimination, Hiring & Firing, Labor Reform

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Lizzy Stewart

Employees in the 11th Circuit Do Not Have a Private Right of Action Under Title IX for Employment Discrimination

On November 7, 2024, in a consolidated opinion addressing appeals in Joseph v. Board of Regents and Crowther v. Board of Regents, the U.S. Court of Appeals for the Eleventh Circuit held that Title IX of the Education Amendments… more

Civil Rights Act, Discrimination, Educational Institutions, Employment Discrimination, Private Right of Action

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Hannah Stilley

Ones To Watch: Legislation Landscape for 2025

Three months into the new legislative year, with all but a handful of state legislatures currently in session, several employment law trends for 2025 have emerged. Some of the more significant trends reflect the country’s social… more

Diversity and Inclusion Standards (D&I), E-Verify, Employment Discrimination, Executive Orders, Fair Labor Standards Act (FLSA)

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Wesley Stockard

Federal Court Dismisses Case Alleging Breach of ERISA Fiduciary Duties in 401(k) Class Action

Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging their fiduciary management of investment options and participant fees. A… more

401k, Breach of Duty, Class Action, Duty of Loyalty, Employee Benefits

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Julie Stockton

Ninth Circuit Holds TCPA Prohibits Pre-Recorded Recruiting Calls to Cell Phones Without Prior Express Consent

Staffing companies and employers using all tools at their disposal to recruit workers may face increased risk following the Ninth Circuit’s recent opinion in Loyhayem v. Fraser Financial. In Loyhayem, the court found that… more

Auto-Dialed Calls, Corporate Counsel, Hiring & Firing, Prior Express Consent, Privacy Concerns

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Christina Stogov

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Patrick Stokes

AB 5 Update: Joint Employment, Retroactivity, and Implementation Challenges

As employers in the Golden State attempt to prepare for the brave new world—courtesy of AB 5—that will greet them on New Year’s Day, federal and state courts in California continue to grapple with the scope and purpose of the… more

ABC Test, Dynamex, Freelance Workers, Gig Economy, Independent Contractors

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Elizabeth Stonhaus

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Natalie Storch

Decision by Federal Court in Pennsylvania Questions Prevailing View that Judicial Approval is a Prerequisite to Settling Individual FLSA Claims

Since the Eleventh Circuit decided Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must seek… more

Department of Labor (DOL), Employment Litigation, Fair Labor Standards Act (FLSA), FRCP 41, Judicial Review

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Matthew Strauss

Reopening Rhode Island Phase 1: A Practical Guide for Employers

With Phase 1 of the “Reopening RI” framework set to commence on May 9, 2020, certain non-critical businesses will be able to resume operations. A list of businesses eligible to reopen in Phase 1 is available here. On May 6,… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements

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Bradley Strawn

2024 Summer Olympics Series: United States

The 2024 Summer Olympic Games begin Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their… more

ADAAA, Civil Rights Act, Department of Labor (DOL), Due Process, Employees

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David Strock

Maine’s Public Sector Employers Will Be Subject to OSHA COVID-19 Vaccination Mandate

The Maine Department of Labor announced on September 17, 2021 that the state’s public sector employees will be subject to President Biden’s COVID-19 vaccine mandate due to Maine’s state plan agreement with the federal… more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates, Essential Workers

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Nina Stroescu

Washington State to Require Unpaid Leave and Safety Accommodations for Victims of a Hate Crime

Effective January 1, 2026, Washington SB 5101 will require employers to provide leave and safety accommodations to employees who are victims of a hate crime or have a family member who is a victim of a hate crime… more

Discrimination, Domestic Violence, Employee Rights, Employer Responsibilities, Hate Crimes

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Anastasia Stylianou

New Jersey Court Imposes Limits on State Law’s Near-Limitless Definition of Disability

Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of “disability”… more

Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Employees, Employer Liability Issues

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Javier Suárez

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Chris Suffecool

New Mexico’s Fair Pay for Women Act Not Limited to Private Employers

The New Mexico Court of Appeals held in Wolinsky v. New Mexico Corrections Department that the state Fair Pay for Women Act’s definition of “employer” extends to the State of New Mexico and its agencies… more

Appeals, Employer Liability Issues, Employment Litigation, Equal Pay, Gender Discrimination

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Curtis Summers

Big Changes in Missouri: A New and Improved Missouri Human Rights Act Becomes Law

On June 30, 2017, Missouri Governor Eric Greitens signed into law Senate Bill 43, which corrects the Missouri Human Rights Act (MHRA) by bringing it into closer alignment with federal and other states' anti-discrimination… more

Anti-Discrimination Policies, Causation, Discrimination, Employment Litigation, New Legislation

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Karen Sundermier

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Peter Susser

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

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Trent Sutton

10 Things Employers Should Know About Korean Labor Law

Korea is an important economy in Asia with significant business opportunities. Multinational companies engage workers in Korea in all industries – from manufacturing to technology to finance. It is important to realize, however,… more

Employee Benefits, Employee Rights, Employer Liability Issues, Employment Discrimination, Employment Policies

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Erin Sweeney

Employees Catch a (Meal) Break from the Oregon Supreme Court

On April 23, 2020, the Oregon Supreme Court declined to review a ruling by the Oregon Court of Appeals in which employers were held to a standard of “strict liability” for failing to ensure that non-exempt employees take their… more

Employer Liability Issues, Multidistrict Litigation, OR Supreme Court, Rest and Meal Break, Wage and Hour

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Briana Swift

The Parity Paradox: MHPAEA Compliance for Employers and Insurers During the 2024 Enforcement Pause

The U.S. Departments of Labor, Health and Human Services, and Treasury have announced that they will pause enforcement of the 2024 Mental Health Parity and Addiction Equity Act (MHPAEA) Final Rule (the “2024 Final Rule”) for 18… more

Consolidated Appropriations Act (CAA), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues

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Stephan Swinkels

2024 European Employer Survey Report - October 2024

Executive Summary- As Europeans across the continent head to the ballot box in a contentious election year, employers are navigating numerous challenges—from potential employment law changes to managing divisive political… more

Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues, EU

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David Symes

Employees Catch a (Meal) Break from the Oregon Supreme Court

On April 23, 2020, the Oregon Supreme Court declined to review a ruling by the Oregon Court of Appeals in which employers were held to a standard of “strict liability” for failing to ensure that non-exempt employees take their… more

Employer Liability Issues, Multidistrict Litigation, OR Supreme Court, Rest and Meal Break, Wage and Hour

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Jillian Szymonifka

No Dire Straits for Workers Involved in Labor Disputes in N.J. as Governor Expands Eligibility for Unemployment Benefits

On Friday, August 10, 2018, New Jersey Governor Phil Murphy signed a bill amending the State’s unemployment insurance law to provide benefits to employees in a variety of new and, in some cases, novel circumstances… more

Employer Liability Issues, New Legislation, State and Local Government, State Labor Laws, Unemployment Benefits

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Kellie Tabor

Washington State Legislative Updates

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory… more

Employee Benefits, Federal Labor Laws, H-2A, Labor Reform, Non-Compete Agreements

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Jennifer Taiwo

The New York SHIELD Act: What Employers Need To Know

As mega-breaches heighten concern about the security of personal information and a federal solution does not appear forthcoming, New York recently joined the growing list of states imposing their own security obligations on… more

Cybersecurity, Data Breach, Data Management, Data Protection, Data Security

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Aki Tanaka

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

Over the last decade, a patchwork of national and supranational “business and human rights laws” has emerged requiring employers to conduct due diligence of their global operations to address human rights risks such as forced… more

Employees, Employer Liability Issues, Human Rights, International Labor Laws, Japan

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Mishell Parreno Taylor

Navigating Natural Disasters During a Pandemic – Key Considerations for Your Workforce

In the midst of raging wildfires in Northern California and the aftermath of hurricanes Laura and Marco in the Gulf states, many employers are wondering how to respond and what happens next, particularly where employers have… more

Coronavirus/COVID-19, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Natural Disasters

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Morgan Taylor

You Put Your Mask Order On, You Take Your Mask Order Off: What the St. Louis Face Covering Orders Are All About

On Monday, July 26, 2021, the St. Louis County Department of Health issued a Face Covering Order (the “County Order”). In an effort of regional coordination, the St. Louis City Health Commissioner also issued a Face Covering… more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Infectious Diseases, Masks

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Stephen Tedesco

California Supreme Court Expands the Reach of the California Prevailing Wage Law

The trend over the last 20 years has been for California's prevailing wage law to spread to areas previously unimagined. This spread has been due to inexact drafting of the law, constant tinkering by the legislature, and… more

CA Supreme Court, Labor Code, Labor Regulations, Prevailing Wages, Wage and Hour

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Paul Testa

Connecticut the Latest State to Increase the Statewide Minimum Wage to $15 per Hour

On May 17, 2019, Connecticut lawmakers passed House Bill 5004, “An Act Increasing the Minimum Fair Wage,” which raises the state’s minimum wage, in increments, to $15 per hour by 2023. Governor Ned Lamont has pledged to sign… more

Employee Training, Employer Liability Issues, Legislative Agendas, Minimum Wage, Pending Legislation

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Carolyn Theis

Colorado Issues Final Rules on Benefits and Employer Participation Requirements for Paid Family and Medical Leave Insurance Program, Clarifies Private Plan Option

Colorado’s rulemaking process regarding its new paid family and medical leave insurance program (“FAMLI”) continues. On August 26, 2022, the state published final regulations on benefits and employer participation requirements… more

Colorado, Employee Benefits, Employees, Employer Liability Issues, Labor Reform

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James Thelen

U.S. Department of Education’s New “Dear Colleague” Letter Targets DEI Programs and Signals New Era of Title VI Enforcement

On February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague” Letter (DCL) and emailed it to K-12 and post-secondary educational institutions around the country. The DCL… more

Affirmative Action, Civil Rights Act, Dear Colleague Letter, Department of Education, Diversity and Inclusion Standards (D&I)

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Sander Theunisson

Dutch Supreme Court Holds Secondment Provisions May Be Invoked When a Secondment Worker Calls in Sick

On March 17, 2023, the Dutch Supreme Court definitively resolved the question of whether an employment contract between a secondment agency and a secondment worker may end with immediate effect under the “secondment provisions”… more

Employees, Employment Contract, Employment Litigation, Employment Terms, International Labor Laws

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Daniel Thieme

Washington Enacts Mini-WARN Act Requiring Notice Before Certain Layoffs and Closures

Washington will soon join the growing list of states that require employers to give 60 days’ advance notice to employees, unions, and the state for certain mass layoffs and business closures. On May 13, 2025, Governor Bob… more

Corporate Counsel, Damages, Employee Benefits, Employee Rights, Employment Policies

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Nina Thjømøe

NORWAY: New temporary rules on layoffs in light of Covid-19

Many Norwegian employees have been (temporarily) laid off due to Covid-19. The rules related to layoffs are generally based on non-statutory law, similar to principles agreed upon in collective wage agreements. An employer may,… more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Layoffs, Norway

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Ashley Thomas

The Open Texas Plan: A State and Local Update

On April 27, 2020, Texas Governor Greg Abbott issued Executive Order GA-18 (Order) regarding the reopening of Texas businesses during the COVID-19 crisis… more

Coronavirus/COVID-19, Employer Responsibilities, Operators of Essential Services, Re-Opening Guidelines, Restaurant Industry

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Beth Thomas

Making Redundancies in the UK

With the number of UK redundancies during December 2022 having doubled compared to the same period during 2021 and a number of high-profile layoffs being announced daily, more businesses will likely have to make difficult… more

Employer Liability Issues, Hiring & Firing, International Labor Laws, Redundancy Dismissals, UK

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Cindy-Ann Thomas

Kentucky Takes Aim at “WOKE” in Higher Ed

On March 14, 2024, a bill to restrict diversity, equity, and inclusion (DEI) practices in Kentucky’s public universities cleared the House by a vote of 68-18. Senate Bill 6 (An Act Relating to Postsecondary Institutions) is the… more

Bias, Diversity and Inclusion Standards (D&I), Educational Institutions, Employee Training, Employees

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Ethan Thomas

Two Utah Laws Related to Religious Expression in the Workplace Take Effect

The Utah legislature wrapped up its seven-week legislative session on March 1, 2024. In addition to passing a #MeToo-inspired law prohibiting confidentiality clauses regarding sexual misconduct, the legislature also passed two… more

Anti-Discrimination Policies, Employee Rights, Employees, Employer Liability Issues, Employment Discrimination

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George Michael Thompson

Student/Exchange Visitor Visa Processing Resumes with Expanded Screening for Social Media

Last month the State Department temporarily paused processing of all new student and exchange visitor visa appointments (including F, M, and J visas) at U.S. embassies and consulates worldwide while it developed and expanded… more

Department of Homeland Security (DHS), Disclosure Requirements, Foreign Nationals, Foreign Workers, Government Agencies

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Tanja Thompson

The Littler® Annual Employer Survey Report - May 2024

Executive Summary - 2024 promises to be a consequential year for employers. The U.S. is preparing for an election that will likely have a significant impact on the future of employment and labor law. At the same time,… more

Annual Reports, Artificial Intelligence, Bias, Corporate Counsel, Employees

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Jake Thorn

SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law

The SEC continues to review non-disclosure agreements and other confidential business information provisions of publicly traded companies to ensure whistleblowers are not restricted from freely communicating with the agency… more

Cease and Desist Orders, Civil Monetary Penalty, Confidential Information, Employees, Employer Liability Issues

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J. René Toadvine

Ten Common Benefits Issues Related to the COVID-19 Pandemic, Employee Furloughs and Reductions in Force

There are many more than 10 issues that are of concern to employers in connection with the current crisis. Nevertheless, employers are dealing with certain recurrent matters… more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Disaster Aid, Distribution Rules

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Bradley Tobias

Virginia Amends Threshold Compensation Level for Ban on Non-Competes for “Low-Wage Employees”

On March 24, 2025, Governor Glenn Youngkin signed into law legislation that amends the threshold compensation level of a “low-wage employee” with whom the Commonwealth restricts employers from entering into agreements not to… more

Employee Rights, Employer Responsibilities, Fair Labor Standards Act (FLSA), New Legislation, Non-Compete Agreements

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Megan Todd-Jones

Key UK Employment Law Trends for 2023

After the past two years, following the impact of Covid-19 and the cost-of-living crisis, you would be forgiven for hoping, even if just for a moment, that 2023 might be calmer and less eventful than the previous two years. On… more

Corporate Counsel, Employee Rights, Employees, Employer Liability Issues, International Labor Laws

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Bartosz Tomanek

Understanding Employment Terminations: A Comparative Analysis of the UK and Poland

Termination of employment contracts is a critical aspect of labor law in both the UK and Poland, ensuring that employers and employees alike are aware of their rights and obligations in the event of contract dissolution. While… more

Appeals, Dismissals, Employee Rights, Employees, Employment Contract

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Jacques de Tonquédec

2024 European Employer Survey Report - October 2024

Executive Summary- As Europeans across the continent head to the ballot box in a contentious election year, employers are navigating numerous challenges—from potential employment law changes to managing divisive political… more

Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues, EU

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Tony William Torain, II

NLRB Decides Charter Schools Are Private Corporations Despite Public Influence

In two separate cases decided on August 24, 2016, a divided National Labor Relations Board concluded that charter schools in Pennsylvania and New York are not political subdivisions within the meaning of Section 2(2) of the… more

Charter Schools, Educational Institutions, Employee Rights, Jurisdiction, NLRA

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Britney Noelle Torres

Politics in a California Workplace

California law provides robust protections for employees’ political activity, including anti-discrimination laws, off-duty conduct laws, employee voting leave laws, statewide election notice requirements, and laws allowing… more

Anti-Discrimination Policies, Anti-Retaliation Provisions, California, Employee Rights, Labor Relations

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Verónica Torres-Torres

Puerto Rico Supreme Court: State Courts Lack Jurisdiction Over Labor Cases Governed by the NLRA

The Supreme Court of Puerto Rico recently issued an important decision limiting the role of Puerto Rico’s courts in labor complaints that involve conduct governed by the National Labor Relations Act (NLRA). In Rodríguez Vázquez… more

Employee Rights, Employment Litigation, Federal Labor Laws, Jurisdiction, Motion to Dismiss

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Katie Towery

South Carolina Supreme Court Upholds Governor’s Early Termination of Federal Unemployment Benefits

In a recent opinion, the South Carolina Supreme Court unanimously agreed with the lower court’s dismissal of a lawsuit brought by four individuals to challenge Governor Henry McMaster’s decision to end federal unemployment… more

Coronavirus/COVID-19, Infectious Diseases, Relief Measures, SC Supreme Court, Unemployment Benefits

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Erin Train

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”… more

Class Action, Damages, Employer Liability Issues, Employment Litigation, Labor Reform

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Denise Tran-Nguyen

Automated Decisionmaking Technology, Risk Assessments, Cybersecurity and More: Implications of the Proposed CCPA Regulations for Employers

On November 22, 2024, the California Privacy Protection Agency (CPPA) formally proposed new regulations implementing the California Consumer Privacy Act (CCPA). Although the CCPA itself and previous CCPA regulations largely… more

Artificial Intelligence, Automation Systems, California, California Privacy Protection Agency (CPPA), Cybersecurity

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Sherry Travers

Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel. Schutte, the United States Supreme Court held that, to impose liability on an employer for “knowingly” submitting a false claim to the government for payment, it is sufficient for the… more

False Claims Act (FCA), Medicaid, Medicare, Pharmacies, Prescription Drugs

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Rosa Trembour

Annual Report On EEOC Developments - Fiscal Year 2020

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information… more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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Charles Trowbridge

OSHA Proposes Changes to Reporting and Recordkeeping Requirements

On July 1, 2025, the U.S. Occupational Safety and Health Administration (OSHA) issued several proposed rules, including two that impact employers’ recordkeeping and reporting obligations… more

Coronavirus/COVID-19, Employer Responsibilities, Federal Labor Laws, Healthcare Facilities, OSHA

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Marcela Trujillo

Littler Global Guide - Colombia - Q3 2018

Nature and Destination of Tips - New Legislation Enacted - On August 3, 2018, Congress enacted Law 1935-2018, to regulate the nature and destination of tips that employees receive from clients for rendering services… more

Breastfeeding, Colombia, Employer Liability Issues, Hiring & Firing, Hospitality Industry

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Amanda Trull

CARES Act: Implications for Employers

The Coronavirus Aid, Relief and Economic Security (CARES) was enacted on Friday, March 27, 2020. The CARES Act creates a half-dozen new programs to help distressed businesses and workers deal with COVID-19 and related shutdowns… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

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Peter Tschanz

No Subpoena, No Protection?: Indiana Court of Appeals Approves Dismissal of Employee Who Left Work to Voluntarily Testify at Hearing

It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason. The Indiana Supreme Court, however, recognizes a limited number of… more

Adverse Employment Action, Anti-Retaliation Provisions, Appeals, At-Will Employment, Employer Liability Issues

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Brian Tuttle

Two Utah Laws Related to Religious Expression in the Workplace Take Effect

The Utah legislature wrapped up its seven-week legislative session on March 1, 2024. In addition to passing a #MeToo-inspired law prohibiting confidentiality clauses regarding sexual misconduct, the legislature also passed two… more

Anti-Discrimination Policies, Employee Rights, Employees, Employer Liability Issues, Employment Discrimination

See all updates »

Adam-Paul John Tuzzo

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an… more

Collective Bargaining, Corporate Counsel, Employee Rights, Employees, Employer Liability Issues

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Lucy Twimasi

USCIS to Implement Premium Processing for Certain Pending EB-1 and EB-2 Form I-140 Petitions

On May 24, 2022, USCIS announced implementation of premium processing for certain work visa petitioners who have pending EB-1 and EB-2 petitions. This announcement is part of a USCIS’ plans to expand its premium processing… more

EB-1, EB-2, I-140, Immigration Procedures, USCIS

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Carissa Tyler

Temporary Increase in H-2B Visa Numbers for FY 2025

On December 2, 2024, the Department of Homeland Security (DHS) and the Department of Labor (DOL) published a temporary final rule (TFR) making nearly 65,000 more H-2B visas available for fiscal year (FY) 2025. DHS has indicated… more

Department of Homeland Security (DHS), Department of Labor (DOL), Foreign Nationals, Foreign Workers, H-2B

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Tahl Tyson

UNITED KINGDOM: COVID-19 (Coronavirus) – Employer FAQs

The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions,… more

Anti-Discrimination Policies, Best Practices, Business Continuity Plans, China, Collective Bargaining Agreements (CBA)

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Bo Enevold Uhrenfeldt

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Hinna Upal

Seattle Becomes the First U.S. Jurisdiction to Prohibit Caste Discrimination

On February 21, 2023, the City of Seattle, Washington became the first U.S. city – or any U.S. jurisdiction for that matter – to add caste to its list of categories protected against discrimination. As described below, this law… more

Anti-Discrimination Policies, Employees, Employer Liability Issues, Labor Reform, Local Ordinance

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Charles Ureña

Dear Littler: Do I really need to reimburse my remote employee’s phone bill, internet, and home office equipment?

We are a small company based in Milwaukee, Wisconsin that allowed some of our employees to work remotely during the pandemic. When we recently announced our plans to call employees back to home base in Milwaukee, we received… more

Business Expenses, Employees, Employer Liability Issues, Employment Policies, Reimbursements

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Joseph Ursic

Annual Report on EEOC Developments – Fiscal Year 2019

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not… more

Civil Rights Act, EEO-1, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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William Vail

Department of Labor Finds IRS Standard Mileage Reimbursement Rates Not Required For Delivery Drivers

On August 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter finding that employers of delivery drivers need not reimburse mileage at the IRS “standard” reimbursement rate… more

Employer Liability Issues, Fair Labor Standards Act (FLSA), IRS, Mileage Reimbursement, Popular

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Elizabeth (Libby) Valenzuela

Colorado Brings Significant Changes to Noncompete Agreements with Healthcare Providers and Minority-Interest Business Owners

Colorado recently enacted Senate Bill 25-083, significantly revising the rules governing noncompete and nonsolicit agreements in the state for those involved in the practice of medicine and other healthcare professions, as well… more

Colorado, Employment Contract, Healthcare, Minority-Owned Businesses, New Legislation

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Angel Valverde

Changes in the New Form I-9, Employment Eligibility Verification

On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may be used now but must be used for all new hires and rehires… more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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Tanya van Nieuwstadt

The Netherlands: Current Situation Regarding the Implementation of the Pay Transparency Directive

Entered into force on June 7, 2023, the European Pay Transparency Directive aims to further close the gender pay gap that still exists in Europe and increase transparency about pay. By way of illustration, in 2024, women in… more

Employee Rights, Employer Responsibilities, Equal Pay, EU, EU Directive

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Victoria Vanderschaaf

New Illinois and Chicago Laws for 2024

Illinois state and local legislatures kept busy in 2023 with the enactment of numerous new labor and employment laws, including significant changes to paid and sick leave for employees and new protections for temporary laborers… more

Ban the Box, City of Chicago, Employee Benefits, Employer Liability Issues, Illinois

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Sophie Vanhegan

The Littler European Employer COVID-19 Survey Report - September 2020

Government-ordered office closures that swept much of Europe early in 2020 appear to have helped convince employers across the continent that workers could be just as productive remotely as they could while gathered in… more

Coronavirus/COVID-19, Employer Liability Issues, EU, Hiring & Firing, Infectious Diseases

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Kelsey VanOverloop

Colorado Labor Wants Big Changes for Colorado Employers

Colorado Union Dues System Remains Unchanged – For Now - On May 16, 2025, Colorado Governor Jared Polis vetoed a bill that would have upended the state’s unique structure around mandatory payment of union dues as a… more

At-Will Employment, Collective Bargaining, Colorado, Employee Rights, Hiring & Firing

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Juan Carlos Varela

DOJ Rule Implementing Executive Order 14117 Regulating Cross-Border Data Transfers Takes Effect

DOJ rule to implement Executive Order 14117, which restricts the exchange of sensitive personal data with certain “countries of concern,” took effect April 8. The order, which was issued under the prior administration, is… more

Covered Transactions, Data Privacy, Data Transfers, Department of Justice (DOJ), Enforcement Actions

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George Vassos

Canadian Election Day is Coming – Understand Employees’ Entitlement to Time off to Vote

On Monday, April 28, 2025, Canadians will go to the polls to elect their next federal government. Voting hours vary, based on jurisdiction, as follows… more

Canada, Employee Rights, Employer Responsibilities, Employment Policies, Federal Labor Laws

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Joshua Vaughn

DOL Proposes Rule to Reinstate Companionship & Live-in Exemptions from Minimum Wage and Overtime for Third-Party Employers

On July 2, 2025, the U.S. Department of Labor’s Wage and Hour Division issued a proposed rule that would reinstate the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Healthcare Workers, Home Health Care

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Javier Vázquez-Segarra

Puerto Rico Executive Order 2025-015 Targets Pilot Program for the Incorporation of Project Labor Agreements

On March 19, 2025, Puerto Rico Governor Hon. Jennifer A. González repealed several sections of Executive Order 2022-014 (“EO-2022-014”) through Executive Order 2025-015 (“EO-2025-015”). EO-2022-014 established the “Pilot Program… more

Construction Contracts, Construction Industry, Construction Project, Executive Orders, Federal Contractors

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Cassidy Veal

California Department of Public Health Issues COVID-19 Employer Playbook for a Safe Reopening

On July 24, 2020, the California Department of Public Health issued its most recent guidance for employers. According to the Department, the COVID-19 Employer Playbook for a Safe Reopening provides businesses with “the tools to… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases, Occupational Exposure

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Dennis Veldhuizen

Dutch Supreme Court Finds On-Demand Deliverers Are Not Self-employed

The Dutch Supreme Court has just ruled that Deliveroo meal deliverers are not self-employed, but rather “regular” employees. With this decision the Supreme Court confirms the earlier judgments of the Cantonal Court and the Court… more

Delivery Drivers, Employee Definition, Employer Liability Issues, Employment Litigation, Gig Economy

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Lourdes Hernández-Venegas

Puerto Rico Department of the Treasury Announces 2025 Limits on Qualified Retirement Plans

On January 23, 2025, the Puerto Rico Department of the Treasury issued Internal Revenue Circular Letter No. 24-01 (CL IR 24-01) announcing the applicable 2024 limits for Puerto Rico qualified retirement plans. Pursuant to… more

Compensation & Benefits, Defined Benefit Plans, Employee Benefits, Income Taxes, IRS

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Dr. Corinna Verhoek

Littler Global Guide - Germany - Q4 2017

Strengthening of Company Pension - Only around 60% of employees in Germany have a company pension plan, which they use to provide for retirement in addition to the statutory pension. This is set to change from January 1,… more

Employee Benefits, Employer Contributions, EU, Germany, Minimum Wage

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Monty Verlint

Canada: Important Amendments Coming to Saskatchewan Workplace Laws

On May 13, 2025, the Saskatchewan government passed the Workers’ Compensation Amendment Act, 2024 (Bill 4) and the Saskatchewan Employment Amendment Act, 2024 (Bill 5)… more

Canada, Employee Benefits, Employee Rights, Employer Responsibilities, Labor Regulations

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Dr. Sabine Vianden

EU Pay Transparency Directive – Worker’s Right to Receive Information

EU countries must implement the regulations of the EU Pay Transparency Directive into local laws by June 7, 2026. The Directive introduces new obligations for employers and rights for workers. This includes workers’ right to… more

Compensation & Benefits, Disclosure Requirements, Employee Rights, Employer Responsibilities, EU

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Carola Vidal Limón

México: Actualización de la Constancia de Inscripción de Empleador (CIE)

La Constancia de Inscripción de Empleador es el documento emitido por el Instituto Nacional de Migración que permite a toda empresa la realización de trámites relacionados con el personal extranjero que se encuentra en… more

Certification Requirements, Foreign Nationals, Foreign Workers, Immigration Procedures, International Labor Laws

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Julia Vieg

Enhanced Maternity Protections in Germany are Taking Effect

In May 2017, the German Federal Government passed a reform known as the German Maternity Protection Act, aimed at protecting the health and well-being of the woman and her (unborn) child during pregnancy, after birth and during… more

Anti-Retaliation Provisions, Breastfeeding, Germany, Hiring & Firing, Maternity Leave

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Victoria Villanueva Gimeno

EU Elections Tracker

Elections took place across the European Union from 6 – 9 June 2024. Every five years, European Union citizens elect their representatives as Members of the European Parliament (MEPs). A total of 720 MEPs were elected in June… more

EU, General Elections, International Labor Laws, Labor Reform

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William Vincent

Michigan OSHA Implements Proactive COVID-19 Safety Measures Applicable to Office Workers

On November 10, 2020, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an Agency Instruction creating a state emphasis program (SEP) to help ensure office workers are protected from COVID-19. The… more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Health and Safety, Infectious Diseases

See all updates »

Juliana Visbal

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions… more

Employees, Employer Liability Issues, Federal Labor Laws, Hiring & Firing, International Labor Laws

See all updates »

Denise Visconti

The Littler® Annual Employer Survey Report - May 2024

Executive Summary - 2024 promises to be a consequential year for employers. The U.S. is preparing for an election that will likely have a significant impact on the future of employment and labor law. At the same time,… more

Annual Reports, Artificial Intelligence, Bias, Corporate Counsel, Employees

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Andrew Voss

DOL Revised Section 7(i) Exemption Regulations: Is Your Company a Retail or Service Establishment?

Does an employer’s business qualify as a “retail or service establishment” for the purpose of satisfying the exemption requirements of section 207(i) of the federal Fair Labor Standards Act? The answer to this question might… more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Over-Time, Retailers

See all updates »

Kevin Vozzo

New York Appellate Court Delivers Big Win To Gig Economy Business

On June 22, New York’s Third Department appellate court – which has jurisdiction over all state Unemployment Division appeals – issued a significant decision for “gig” economy companies with operations in New York. In Matter of… more

Administrative Law Judge (ALJ), Corporate Counsel, Department of Labor (DOL), Gig Economy, Independent Contractors

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Cory Glen Walker

U.S. Supreme Court: Antitheft Security Screening Not Part of the Job for FLSA Compensation Purposes

Employers across the country are breathing a sigh of relief following the December 9, 2014 unanimous ruling of the U.S. Supreme Court that time spent by warehouse workers waiting for and undergoing antitheft security screening… more

Amazon, Fair Labor Standards Act (FLSA), Integrity Staffing v Busk, NLRB, SCOTUS

See all updates »

Richard Wallace

West Virginia Employers No Longer Allowed to Prohibit Guns in Vehicles in Company Parking Lots

On March 21, 2018, West Virginia Governor Jim Justice signed into law House Bill 4187, referred to as the Business Liability Protection Act, which limits an employer’s ability to prohibit the lawful possession of firearms locked… more

Employer Liability Issues, Employment Policies, Firearms, Gun Laws, Guns-in-Trunks Legislation

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Michelle Walsh

The Sixth Circuit Rules on Arbitration Clause Enforcement

The U.S. Court of Appeals for the Sixth Circuit has ruled that an arbitration provision in a plaintiff’s employment contract is binding and enforceable, even if the employer did not explain the provision or recommend the… more

Arbitration, Arbitration Agreements, Contract Terms, Corporate Counsel, Dispute Resolution

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Jordan Waltman

Ontario, Canada: February 27, 2025 — Some Employees May Be Entitled to Paid Time Off to Vote

The 2025 Ontario provincial election will take place on February 27, 2025. Voters will elect their Member of Provincial Parliament to represent them at Queen’s Park. In most of the province, polls are open on election day… more

Canada, Employee Rights, Employees, Employment Contract, Employment Policies

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Alice Wang

Considerations for Artificial Intelligence Policies in the Workplace

In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many courts… more

Algorithms, Artificial Intelligence, Bias, Confidential Information, Corporate Counsel

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Jennifer Warberg

Court Rejects Recent Interpretation of Oregon Overtime Laws That Would Have Required Certain Employers to Double-Count Daily and Weekly Overtime

On March 9, 2017, the Multnomah County Circuit Court rejected the recent move by the Oregon Bureau of Labor and Industries (BOLI) to require Oregon’s “manufacturing establishments” to double-count daily and weekly overtime for… more

BOLI, Manufacturers, Over-Time, Wage and Hour

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David Warner

"Who Can It Be Now?" New York Court Explains Who May Be Liable For Discrimination Based On A Criminal Conviction

On May 4, 2017, the New York Court of Appeals answered who may be liable under the state’s fair employment law for discrimination based on an individual’s conviction record. The opinion in Griffin v. Sirva, Inc. is noteworthy… more

Ban the Box, Corporate Counsel, Criminal Background Checks, Criminal Records, Employment Discrimination

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Steven Washington

Pandemic-Born Rules: Nevada’s Newest Employment Laws

In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation, some of which affect employers… more

Employee Rights, Employer Liability Issues, Hairstyle Discrimination, Hiring & Firing, Labor Reform

See all updates »

Helene Wasserman

It’s Wild Wild West (Hollywood): Minimum Wage (to the Max), Paid (and Unpaid) Leave . . . and Service Charges

On November 15, 2021, West Hollywood, California enacted an ordinance that establishes a local minimum wage, requires employers to provide paid and unpaid leave benefits, and governs how businesses advertise and distribute… more

Employer Liability Issues, Labor Regulations, Local Ordinance, Minimum Wage, New Regulations

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Felicia Watson

OSHA Proposes Changes to Reporting and Recordkeeping Requirements

On July 1, 2025, the U.S. Occupational Safety and Health Administration (OSHA) issued several proposed rules, including two that impact employers’ recordkeeping and reporting obligations… more

Coronavirus/COVID-19, Employer Responsibilities, Federal Labor Laws, Healthcare Facilities, OSHA

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Sarah Watt

Arizona Joins Other States in Passing COVID-19 Liability Protection for Businesses

Arizona Governor Doug Ducey recently signed Senate Bill 1377 after a push from Republican legislators to limit civil liability exposure for “Good Samaritans” who have worked to protect and provide for Arizonans during the… more

Civil Liability, Coronavirus/COVID-19, Covered Entities, Health Care Providers, Immunity

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Theresa Waugh

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.” Although… more

Caregivers, Corporate Counsel, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Joshua Waxman

Virginia Realigns Overtime Requirement with Federal FLSA

Virginia, historically reliant on the federal Fair Labor Standards Act (FLSA) to govern overtime obligations, passed its first stand-alone overtime law in March 2021. The Virginia Overtime Wage Act (VOWA), went into effect on… more

Fair Labor Standards Act (FLSA), Labor Reform, Over-Time, State Labor Laws, Virginia

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M. Therese Waymel

The Next Normal: A Littler Insight on Returning to Work – EEO Compliance

In the COVID-19 world we are in today, the U.S. Equal Employment Opportunity Commission (EEOC) has established new rules to help employers slow the spread of this devastating virus. While the EEOC has created new and more… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

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Krystal Weaver

First in, Last out: California’s First-in-Nation COVID-19 Regulation Finally Rides Off into the Sunset (Mostly…)

Nearly all of the substantive provisions of Cal/OSHA’s non-emergency COVID-19 regulation expired on Monday, February 3, 2025. The event marked a significant end point to the regulatory journey that began on November 19, 2020,… more

Cal-OSHA, California, Compliance, Coronavirus/COVID-19, Corporate Counsel

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Erin Webber

Colorado Grants Certain Private-Sector Employees the Right to Inspect Their Personnel Files

On June 10, 2016, Governor John W. Hickenlooper signed Colorado House Bill 16-1432, Personnel Files Employee Inspection Right (the “Bill”), into law. The Bill, which provides certain current and former private-sector employees… more

Corporate Counsel, Employee Rights, Hiring & Firing, New Legislation, Personnel Records

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A. Michael Weber

Which Employees Can Have Their Hands in the Tip Jar? Finally Some Clarification

On June 26, 2013, the New York Court of Appeals issued a decision concerning who may lawfully participate in a restaurant tip-sharing system. The state’s highest court stated that for employees to receive tips from a… more

Compliance, Local Ordinance, Restaurant Industry, Starbucks, Tip-Pooling

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Constance Weber

West Virginia Enacts Legislation to Clarify Worker Classification

Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the “Act”), which goes into effect on June 9, 2021. The legislation provides standards for determining… more

Employee Definition, Employer Liability Issues, Freelance Workers, Gig Economy, Hiring & Firing

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Jill Weimer

Synthetic Reality & Deep Fakes: Considerations for Employers and Implications of the Rise of Deep Fakes in the Workplace

In an age where computer generated imagery (CGI) and digital effects enable entire film genres to exist, like Marvel’s superhero series the Avengers or Guardians of the Galaxy, audiences have no expectation that movies they… more

Artificial Intelligence, Authentication, Digital Media, Digital Platforms, Exploitation

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Joe Weiner

Minnesota Wage Theft Bill with New Employer Requirements Takes Effect July 1

In one of the most significant pieces of legislation affecting employers in many years, the Minnesota Legislature passed, and Governor Walz signed, the Jobs and Economic Development Omnibus bill that includes new wage theft… more

Employer Liability Issues, Labor Relations, New Legislation, State and Local Government, State Labor Laws

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Paul Weiner

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent… more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Katherine Suttle Weinert

Workplace Violence Prevention Programs and Executive Protection Considerations

Workplace Violence Prevention Programs (WVPP) are much more than active shooter training or providing personal security services to the CEO. In 2024, California mandated that virtually all employers implement an… more

California, Employee Training, Employer Responsibilities, Legal Advice, Risk Management

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Laura Weipert

Virginia’s Legislative Session Concludes with a Handful of New Employment Laws

The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes some… more

Confidentiality Agreements, Employee Rights, Employees, Labor Reform, Minimum Wage

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William Hays Weissman

Tax Bill Changes 1099 Reporting Thresholds

The “One Big Beautiful Bill Act” signed into law on July 4, 2025, makes two important changes to tax reporting requirements that should be of interest to employers… more

1099s, Business Taxes, Independent Contractors, Inflation Adjustments, IRS

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Harry Wellford Jr.

2024 Summer Olympics Series: United States

The 2024 Summer Olympic Games begin Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their… more

ADAAA, Civil Rights Act, Department of Labor (DOL), Due Process, Employees

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Amy Ryder Wentz

Finally! Ohio Restores its Employment Discrimination Statute

After over 25 years of proposals and negotiations among key stakeholders—including Ohio employers and their supporting associations, the Ohio plaintiffs’ employment law bar, and various employee-rights advocates—on December 22,… more

Age Discrimination, Employee Rights, Employer Liability Issues, Employment Discrimination, Hostile Environment

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Rachel Werner

Georgia as a Model Employer for Individuals With Disabilities

Georgia Senate Bill 384, signed into law this year, establishes the State of Georgia as a Model Employer (the “GAME”) Program. The GAME Program regulates labor practices of public offices related to the recruitment, hiring,… more

Americans with Disabilities Act (ADA), Compliance, Disabilities, Georgia, Hiring & Firing

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William Whalen

New Year, New Laws: Illinois Legislative Amendments Employers Won’t Want to Miss in 2023

2023 will bring new laws affecting Illinois employers. The Illinois legislature passed over 180 laws that take effect on January 1, 2023. This article will cover three of the most relevant developments for Illinois employers,… more

Employees, Employer Liability Issues, Hairstyle Discrimination, Illinois, Labor Reform

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Michael Whitbread

Labor Organizing and AI: The Employer Perspective

Artificial intelligence (AI) presents both a large opportunity for employers — and potentially a source of reputational risk — depending on how its adoption is handled. As AI transforms the workplace, unions are responding with… more

AI Act, Algorithms, Artificial Intelligence, Bias, Employee Rights

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Michelle White

Immigration Update During Pandemic: Visa Sanctions, Extensions of Nonimmigrant Status, and Visa Premium Processing

On April 10, 2020, the president issued a new memorandum, Memorandum on Visa Sanctions, focused on immigration compliance measures and enforcement… more

Coronavirus/COVID-19, Corporate Counsel, Immigration Procedures, Non-Immigrant Visas, Popular

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Elizabeth Whiting

USCIS Lifts Administrative Pause on Immigration Applications Filed by Uniting for Ukraine (U4U) Parolees and Others Who Entered Pursuant to Humanitarian Parole

On June 9, 2025, the United States Citizenship and Immigration Services (USCIS) issued a new policy memorandum instructing USCIS officers to adjudicate all pending applications filed by individuals paroled into the United States… more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, Immigration Procedures, Immigration Reform

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Meagan Whitley

Littler Lightbulb: Colorado Adds New Employment Laws this Session

Over the last two years, Colorado enacted some significant employment laws, including the Healthy Families & Workplaces Act and Equal Pay for Equal Work Act. Colorado’s 2021 legislative session ended on June 12, 2021… more

Employer Liability Issues, Gender Identity, Hiring & Firing, Labor Reform, LGBTQ

See all updates »

Joseph Wientge Jr.

Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the… more

Amazon Marketplace, Arbitration, Arbitration Agreements, Business Entities, Class Action

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Evelyn Wiggins

San Diego County Climate Changes Again on Mandatory Temperature Checks

San Diego County employers that scrambled to find thermometers to comply with the county’s prior health order learned on June 16, 2020 that their efforts were not in vain. One week after the county amended its order to omit… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Employer Responsibilities, Screening Procedures

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Lavanga Wijekoon

California Law Imposes New Disclosure Obligations on Employers Conducting Voluntary Child Labor Audits

On September 22, 2024, California Governor Gavin Newsom signed into law Assembly Bill 3234 (“AB 3234”), which requires employers to disclose the results of audits on child labor practices. Specifically, effective January 1,… more

Audits, California, Child Labor, Compliance Management Systems, Disclosure Requirements

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Carole Wilder

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission… more

Age Discrimination, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Michael Wilder

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… more

Anti-Discrimination Policies, Artificial Intelligence, Corporate Counsel, Employees, Employer Liability Issues

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Samuel Wiles

National Labor Relations Board Continues Routine Operations with Lack of Quorum

On January 27, 2025, the president removed National Labor Relations Board Member Gwynne A. Wilcox, leaving the Board with only two members: Chair Marvin E. Kaplan, a Republican, and Member David M. Prouty, a Democrat. That same… more

Administrative Law Judge (ALJ), Appeals, Employees, Federal Labor Laws, Labor Reform

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Robert Wilger

City “Right To Recall” Laws

… more

Coronavirus/COVID-19, Employee Retention, Furloughs, Hiring & Firing, Infectious Diseases

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Allison Williams

Sixth Circuit Finds Employee’s Guaranteed Weekly Salary Was Based on Daily Rate, Defeating Exempt Classification

Despite an employee’s being highly compensated, the Sixth Circuit reversed a summary judgment order from the district court, finding that even though the pipe inspector was highly compensated, his pay was calculated on a daily… more

Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Over-Time

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Cerys Williams

UK: Updated FAQs, as Furlough Scheme Is Extended into 2021

Back in March, Chancellor Rishi Sunak announced an unprecedented package of measures, including a Coronavirus Job Retention Scheme (CJRS). On 5 November 2020, the chancellor announced a further extension to the furlough scheme… more

Coronavirus/COVID-19, Employee Retention, Furloughs, International Labor Laws, Job Retention Schemes

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Tamara Blackmer Williamson

West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers

For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state. One of the factors that undoubtedly… more

Arbitration, Arbitration Agreements, Business Development, Department of Labor (DOL), Federal Contractors

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Aurora Wilson

Washington State Legislature Responds to the #MeToo Movement

Washington has adopted four new laws addressing workplace harassment and discrimination. Three prohibit limitations on an employee’s disclosure or public pursuit of discrimination or harassment claims, while the fourth requires… more

Anti-Harassment Policies, Best Practices, Disclosure, Dispute Resolution, Employer Liability Issues

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Courtney Wilson

Florida’s CHOICE Act Offers Employers Two New Types of Agreements to Prevent Unfair Competition by Highly Compensated Former Employees

On June 18, 2025, the Florida legislature presented Governor Ron DeSantis with the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. It is expected that Governor DeSantis will… more

Employees, Employer Responsibilities, Employment Contract, Florida, Highly Compensated Employees

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Elliot Wilson

Dear Littler: What employment issues should we keep in mind when hiring seasonal minor employees?

Dear Littler: We’re a nationwide employer excited that many of the pandemic-related restrictions are starting to ease up. In pre-COVID times, summer was always our busiest season… more

Child Labor, Employer Liability Issues, Fair Labor Standards Act (FLSA), Foreign Workers, Form I-9

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Kate Mrkonich Wilson

Minnesota Supreme Court Reverses Course: Employees May Assert Claims Both for Workers’ Compensation Benefits and for Disability Discrimination

The Minnesota Supreme Court in Daniel v. City of Minneapolis overruled itself, and 30 years of precedent, by holding the Minnesota Workers’ Compensation Act’s exclusivity provision does not bar disability discrimination claims… more

Compensation & Benefits, Disability Discrimination, Employee Rights, Employer Liability Issues, Employment Litigation

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Mike Wilson

Montana Makes Significant Changes to State Employment Laws

Montana Governor Greg Gianforte recently signed three bills that make significant changes to Montana’s Wrongful Discharge from Employment Act, Human Rights Act, and Wage Protection Act… more

Employer Liability Issues, Hiring & Firing, Labor Reform, State and Local Government, State Labor Laws

See all updates »

Adama Wiltshire

Philadelphia Enacts 2021 Public Health Emergency Leave Ordinance

On March 29, 2021, Philadelphia, Pennsylvania enacted Bill # 210122-A, an ordinance immediately requiring covered employers to provide 2021 Public Health Emergency Leave (“2021 PHEL”). Philadelphia’s similar 2020 PHEL ordinance… more

Coronavirus/COVID-19, Employee Rights, Labor Reform, Labor Regulations, Local Ordinance

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Jessica Wimsatt

Kentucky Amends Occupational Safety and Health Act, Proposes Implementing Regulations

New this summer, and effective June 27, 2025, are significant updates to Kentucky’s Occupational Safety and Health Act, which put Kentucky’s state plan program substantively in line with the U.S. Occupational Safety and Health… more

Employer Responsibilities, New Legislation, OSHA, Proposed Legislation, Proposed Rules

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Ira Wincott

NYS Legislature Increases Daily Jury Duty Fee From $40 to $72

For the first time in decades, the New York State Legislature and governor amended Sections 519 and 521 of the Judiciary Law, to increase the daily rate of pay for trial and grand jurors serving in New York State, from $40 to… more

Amended Legislation, Employee Rights, Employer Liability Issues, Employer Responsibilities, Jury Duty

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Erin Winters

Proposed Regulations for Alaska Paid Sick Leave Law Provide Guidance to Employers Just in Time for July 1st Effective Date

On June 25, 2025, the Alaska Department of Labor & Workforce Development (Department) published proposed regulations interpreting Ballot Measure 1, Alaska’s new statewide Paid Sick Leave law, that took effect on July 1, 2025… more

Alaska, Comment Period, Employee Benefits, Employee Rights, Employer Responsibilities

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David Wirtz

#MeToo: In Defense of Nondisclosure Agreements

Nondisclosure Agreements (NDAs) have recently come under fire within the #MeToo debate. Opponents of the NDA argue that its sole (and negative) purpose is to silence victims of sexual harassment and allow those accused to… more

#MeToo, Anti-Harassment Policies, Employer Liability Issues, Employment Contract, Harassment

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Eric Witkin

New Class Action Suits Claim Stores Must Supply Gifts Cards With Braille

Since October 24, 2019, blind and vision-impaired individuals have filed more than ninety lawsuits claiming that the public accommodations provisions of the Americans with Disabilities Act (Title III) and its state and local… more

Americans with Disabilities Act (ADA), Article III, Class Action, Disability Discrimination, Gift-Cards

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Alexandria Witte

Inaugural Report of Littler’s Global Workplace Transformation Initiative

Executive Summary - The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19 will… more

Coronavirus/COVID-19, Data Protection, Diversity and Inclusion Standards (D&I), Employee Benefits, Infectious Diseases

See all updates »

James Witz

The Littler Annual Employer Survey Report - May 2025

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and local… more

Discrimination, Diversity, Diversity and Inclusion Standards (D&I), Employer Responsibilities, Executive Orders

See all updates »

Robert Wolff

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical… more

#MeToo, Antitrust Provisions, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Julian Wolfson

Colorado Amends its Anti-Discrimination Law, Adding New Protections for Transgender Employees and Disabled Persons in Places of Public Accommodation

In the 2025 legislative session, Colorado lawmakers enacted two laws that amend the Colorado Anti-Discrimination Act (CADA) in distinct and material ways. The first, HB25-1312, clarifies CADA’s prohibition on gender expression… more

Anti-Discrimination Policies, Colorado, Disability Discrimination, Employee Rights, Employer Responsibilities

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George Wood

DOL Clarifies the Exempt Nature of Participation in the Department of Defense’s Skill Bridge Program

In 2013 the United States Department of Defense founded Skill Bridge, a program that partners the U.S. Armed Forces with private employers to provide internships to active duty service members during their last six months of… more

Active Duty, Davis-Bacon Act, Department of Defense (DOD), Department of Labor (DOL), Fair Labor Standards Act (FLSA)

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Jeremy Wood

Dear Littler: Can we ban the unvaccinated from our office parties?

Dear Littler: The holiday season is upon us, and we’d like to celebrate this year by holding an actual office party like we did in the “before” times. Prior to 2020, we held luncheons in our New Jersey branch office for workers… more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employment Policies, Events

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Lauren Woon

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation - February 2014

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union Labor… more

Anti-Discrimination Policies, Business Torts, Discovery, Healthcare, Internet of Things

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Carroll Wright

New Minnesota Meal and Rest Break Requirements

On June 14, 2025, Minnesota’s governor signed an omnibus bill, SF 17, which includes amendments to the state’s meal and rest break requirements found at Minnesota Statute Sections 177.253 and 177.254… more

Employee Benefits, Employee Rights, Employer Responsibilities, New Legislation, New Regulations

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Kevin Wright

Department of Labor Announces Non-Enforcement Policy and Intent to Revisit ESG, Proxy Rules

On March 10, 2021, the Department of Labor’s Employee Benefits Security Administration (EBSA) announced that it will not enforce or otherwise pursue enforcement actions with respect to two recently issued final rules amending… more

Department of Labor (DOL), EBSA, Employee Benefits, Employee Retirement Income Security Act (ERISA), Enforcement Guidance

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Kevin Yam

Final Rule Affirms U.S. Department of Labor’s Power to Fine Businesses That Engage in Tip Theft

The U.S. Department of Labor published a final rule on September 23, 2021 clarifying several amendments to section 3(m) of the Fair Labor Standards Act (FLSA) that concern tip pooling. The final rule reestablishes the DOL’s… more

Civil Monetary Penalty, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Food Service Workers

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Xi (Grace) Yang

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015), introducing… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Hiring & Firing

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Celeste Yeager

Immigration Considerations for Hospitality Employers

President Trump’s promise to carry out the largest deportation of undocumented individuals while simultaneously limiting the immigration of foreign workers is causing unique concerns in the hospitality industry. From resorts… more

Compliance, Employment Eligibility Verification, Enforcement Actions, Foreign Workers, Form I-9

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Michael Yellin

Annual Report On EEOC Developments - Fiscal Year 2021

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC Developments—Fiscal… more

Annual Reports, Corporate Counsel, Diversity, EEO-1, Employer Liability Issues

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William Yoo

California SB 1159 Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims

Update: Governor Newsom signed SB 1159 into law on September 17, 2020. In May, California Governor Newsom signed Executive Order N-62-20, which created a rebuttable presumption that certain employees who test positive for… more

Coronavirus/COVID-19, Employer Liability Issues, Governor Newsom, Health & Safety Standard, Infectious Diseases

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Wayne Yoshigai

Hawaii Enacts Pay Transparency Law and Broadens Equal Pay Law

On July 3, 2023, Hawaii joined eight other states, as well as eight cities/counties, by enacting SB 1057, which requires that certain job listings disclose the hourly rate or salary range that “reasonably reflects the actual… more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Hawaii, Hiring & Firing

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Shane Young

DOL Issues Guidance on AI and Worker Well-Being Best Practices

On October 16, 2024, the U.S. Department of Labor (DOL) published Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers. This document expands upon guidance released in… more

Artificial Intelligence, Best Practices, Corporate Counsel, Data Protection, Department of Labor (DOL)

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Kimberly Zabroski

Pennsylvania Supreme Court Changes Labor Market Survey Rules

The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In Phoenixville… more

Workers' Compensation Defense

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Emily Zaklukiewicz

First Circuit Finds University Police Sergeants and Sergeant Detectives are “Supervisors” Under the National Labor Relations Act

On May 23, 2025, the First Circuit Court of Appeals reversed the National Labor Relations Board’s 2024 decision that police sergeants and sergeant detectives in Northeastern University’s police department were statutory… more

Appeals, Educational Institutions, Employee Rights, Employment Litigation, Labor Relations

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Tasneem Zaman

DHS Issues Notices of Termination for the CHNV Parole Program

On June 12, 2025, the Department of Homeland Security (DHS) began sending termination notices, by email, to approximately 530,000 individuals who entered the United States under a recent parole program for Cubans, Haitians,… more

Department of Homeland Security (DHS), E-Verify, Employment Authorization Documents (EAD), Foreign Workers, Immigration Enforcement

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Nancy Zhang

Returning to Work: Some Lessons from Asia

The new crown epidemic situation COVID-19 has had an unprecedented impact on individuals and businesses around the world. Governments have closed borders, issued health guidelines, implemented social segregation measures, shut… more

Asia, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Personal Protective Equipment

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Russell R. Zimmerer

An Employer's Measured Response to Suspected Workplace FMLA Fraud Wins the Day

The U.S. Court of Appeals for the Sixth Circuit issued its decision in Jaszczyszyn v. Advantage Health Physician Network, 2012 U.S. App. LEXIS 23162 (Nov. 7, 20012), affirming summary judgment for an employer in a case alleging… more

Documentation, Facebook, Family and Medical Leave Act (FMLA), FMLA Abuse, Interference Claims

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James Zissler

Revised Seattle Paid Sick & Safe Time Rules Give Employers Limited Time to Comply

Seattle, Washington’s Office of Labor Standards (OLS) revised its rules concerning the Paid Sick and Safe Time (PSST) Ordinance… more

Employer Liability Issues, Final Rules, Joint Employers, Notice Requirements, Paid Time Off (PTO)

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Jennifer Chierek Znosko

Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and Tax… more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Illinois

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Carly Zuba

New Year, New Rules: Chicago Will Require Proof of Vaccination to Enter Most Public Establishments as of January 3, 2022

On December 21, 2021, Mayor Lori Lightfoot issued Public Health Order 2021-2, a vaccine mandate for certain public accommodations that is meant to help curb the spread of COVID-19 as the Omicron variant continues to surge… more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Local Ordinance, Masks

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