HR - General

On November 12, 2018, Littler Mendelson P.C. hosted a Roundtable of distinguished leaders from government, industry, and academia to discuss the rapid evolution of the workplace and workforce due to AI, robotics, and other automation technologies. The Roundtable attendees had diverse backgrounds and

The use of automation, artificial intelligence, and robotics to make or provide products and services is no longer uncommon. But what about the use of these tools in making hiring and other employment decisions? Automating HR functions can help businesses streamline their operations, increase produc

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)1 and other account-based group health plans. If finalized in its current form, the rule would allow

During the next few years, we will see an increase in the number of workers entering the workplace who are part of Generation Z. This generation, born after 1995 and now in their 20s, brings a new perspective on personal and professional values, an inherent understanding of technology and an accepta

Executive Summary: Winter Storm Avery may be on its way out, but the early winter weather is a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as they prepare to resume normal operations. For example, employers need to det

In a win for employers, the Tenth Circuit Court of Appeals recently held that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left employment.” Potts v. Center for Excellence in Higher Education, Inc., No. 17-114

As 2018 draws to a close, employers are looking to the next wave of labor and employment laws and regulations that will take effect in 2019 and beyond. On January 1, and throughout the coming year, employers across the nation must address a host of new or amended federal, state, and/or local obligat

The deadline for submitting comments regarding the National Labor Relations Board’s proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act has been extended to December 13, 2018.

While some races remain undecided, it is clear at this point that Democrats will control the U.S. House of Representatives in the next Congress. At this writing, House election results show 222 Democrats and 199 Republicans have won their races, with 14 spots undecided. In the Senate, Republicans ha

The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations for retirement plans and Social Security generally effective for Tax Year 2019 (see IRS Notice 2018-63). Most notably, the limitation on annual salary deferrals into a 401(k) plan will inc

After the California legislature adjourned—sending several noteworthy labor and employment bills to Governor Brown for his veto or signature in September1—only a few states remain in active session. Before adjourning or taking a recess, however, several states certified questions for voters to consi

Voters will have the chance to determine the outcome of races for more than 6,000 legislative seats and 36 governorships, as well as weigh in on 160 or so statewide ballot measures, on Election Day, November 6, 2018. While the federal elections, including the battle for control of the U.S. House of

In the days leading up to the confirmation vote on Supreme Court Justice Kavanaugh, more than half of Americans said they had engaged in political discussions in the workplace about his confirmation battle, a recent online poll reported. The good news is more than three quarters of those conversatio

This hurricane season has been chaos for those along the East Coast. Less than a month after Hurricane Florence rampaged through the Carolinas, Hurricane Michael—a category 4 storm—has made landfall in Florida, and is headed toward Alabama and Georgia.1 All states in the direct path of Michael have

In today’s world, people are accustomed to accessing endless information with their mobile phone. Accessibility to their own conversations regarding their health may not be any different. What happens when a patient wants to use this technology to preserve his or her access to medical information by

Executive Summary: On October 1, 2018, a new Federal Aviation Administration (FAA) policy went into effect that allows commercial pilots who are first-time violators of certain drug and alcohol testing provisions the opportunity for prompt settlement with the FAA.

Those who find their livelihoods threatened by disruptive technologies have long rallied against those new innovations, finding an ally in governments willing to slow adoption. Queen Elizabeth I’s declaration that all subjects wear knit caps, for example, created an industry and provided work to tho

Last week, the Wall Street Journal reported that holiday season hiring started as early as June this year. If your company is one of the many that substantially increases its workforce for the holidays, keeping the following practices in mind throughout the season can help to ensure smooth operation

The U.S. Supreme Court will begin its 2018-2019 Term with a docket full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things.