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What Federal and State Leave Laws Apply to Your Remote Employee?

Littler·

The FMLA was enacted in 1993, way back when fax machines had just begun ruling the world and we were only learning how to send an email to a friend. When the law was passed, FMLA didn’t contemplate a remote workforce, let alone one hastily relegated to their homes during

Supreme Court Weighs in on Computer Fraud and Abuse Act

Ogletree Deakins·

In Van Buren v. United States , No. 19-783 (June 3, 2021), the Supreme Court of the United States recently waded into the meaning of the Computer Fraud and Abuse Act’s (CFAA) “exceeds authorized access” prohibition.

Regulating the Internet of Things

Jackson Lewis P.C.·

Thousands of devices connecting to the internet make up the Internet of Things (IoT). While helping to streamline operations and improve productivity, the advantages of IoT are not without risks. Recent federal and state laws will influence the controls needed to minimize business interruption, work

Labor and Employment Rulemaking Prominent in President Biden’s First Regulatory Agenda

Littler·

On June 11, 2021, the federal government released its unified federal regulatory agenda for spring 2021, which outlines regulatory and deregulation actions agencies expect to take in the coming months. With over 70 items on the docket , the U.S.

U.S. Supreme Court Confirms Narrow Scope of Federal Computer Fraud Claim Often Used in Trade Secret Litigation

Maynard Nexsen·

On June 3, the U.S. Supreme Court held that the federal Computer Fraud and Abuse Act (“CFAA”), a cybercrime statute providing civil claims against someone who “exceeds authorized access” to a computer system to obtain trade secrets or other information, does not apply to employees or others who stea

Supreme Court Narrows the Scope of Claims Available Under the Computer Fraud and Abuse Act

Littler·

The Computer Fraud and Abuse Act (CFAA) is an anti-hacking statute making it illegal “to access a computer without authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled to so obtain or alter.” Violations of the statute may

The “Open Door” May Not Be Enough!

Littler·

In this podcast, Littler shareholders Bruce Sarchet and Bob Long discuss a common feature of many American workplaces: the “Open Door” policy. But adopting such a policy is just the first step. Bruce and Bob discuss the actual application of these policies, providing examples where managers and supe

Managing the Size and Structure of Your Post-Pandemic Workforce

Jackson Lewis P.C.·

For employers, the decision to terminate an employee is never an easy one. Ripple effects, including the burden on remaining staff and a potential decrease in productivity, can be felt across the organization. Even in the best of times, termination decisions are fraught with innumerable risks, inclu

Dear Littler: How do we Know Which State’s Laws Govern the Leaves and Benefits for our Wandering Workers?

Littler·

Dear Littler: Thank you for answering our question last month about what wage and hour issues we needed to consider for our “wandering worker” who moved to North Dakota and wants to continue remote work. Of course, now that that issue is resolved, we have another question for you.

Supreme Court Adopts Narrow Interpretation of Computer Fraud and Abuse Act

Jackson Lewis P.C.·

In a landmark decision, the U.S. Supreme Court has ruled that the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030 et seq. , does not prohibit improper use of computer information to which an individual has authorized access.

President's FY 2022 Budget Proposal Boosts Labor and Employment Funding

Littler·

On May 28, President Biden released his $6 trillion budget proposal for the 2022 fiscal year. While final spending decisions are decided by Congress, the president’s budget submission typically provides a general idea of where the administration's priorities lie.

How Do You Define Workplace? Survey Report

Jackson Lewis P.C.·

The pandemic has created an inflection point unlike any we have experienced in our lifetime — one that will redefine the workplace. Our Spring 2021 remote and return-to-the-workplace survey shares insights from more than 400 C-suite, senior human resources and legal executive respondents on what the

Deciding Whether to Train Manufacturing Workers Where Work Happens or Subsidize Off-Duty Training

Jackson Lewis P.C.·

Manufacturers face increasing difficulty in finding employees with the skills they need, where they need them to be. The skills gap has become a bigger issue as more manufacturers are looking to build where they sell, and policymakers are focused on the COVID-19-pandemic economic recovery and job cr

100 Days of the Biden Administration, Part I: Key Labor and Employment Policy Developments

Ogletree Deakins·

April 30, 2021, marked President Joe Biden’s 100th day in office, and his administration has wasted little time advancing its policy priorities. At this moment, the administration is focusing most of its attention on repealing much of the policy accomplishments of the previous administration but can

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

Ogletree Deakins·

The first part of this two-part blog series focused on the Biden administration’s first 100 days and reviewed the administration’s legislative plans. The second part of the series addresses policy developments occurring at the executive branch agencies and independent agencies.

Biden Administration Issues Cybersecurity Executive Order

Jackson Lewis P.C.·

The Biden Administration has issued the much-anticipated “Improving the Nation’s Cybersecurity” Executive Order (EO), setting certain standards and requirements to prevent cyberattacks for government agencies, federal contractors, and others.

Unemployment Insurance System Update, Part II: States Opting Out of Federal Unemployment Benefits

Ogletree Deakins·

Since the beginning of May 2021, multiple states have announced their intent to opt out of enhanced federal unemployment benefits. To cease participation in enhanced federal unemployment benefit programs, a state must provide at least 30 days’ written notice to the U.S. Department of Labor (DOL). A

Unemployment Insurance System Update, Part I: Is Comprehensive Reform Coming?

Ogletree Deakins·

On April 28, 2021, President Joe Biden unveiled a proposal to permanently expand unemployment benefits in his most recent economic package, the American Families Plan. The proposed expansion of unemployment benefits is in addition to the $2 billion already allocated to unemployment “system moderniza

The Littler Annual Employer Survey 2021

Littler·

Employers transitioning to a post-pandemic workplace face a host of novel challenges. High on that list is navigating hybrid work models and what a return to physical workplaces looks like – especially when, as our survey reveals, the percentage of employees who prefer remote or hybrid work is highe

Social and Political Issues and the Workplace – Implications for Employers

Littler·

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business.