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What Impact Could Trump's Election Have on Employers?

FordHarrison·

Executive Summary: The election is over. The vote is in. Donald Trump will be our 45th President. And, for the first time since 2006 (when the 109th Congress was in session during the Bush administration), come 2017, a Republican President will work with Republican control in both Houses of Congress

State Laws Encourage Employers to Honor Veterans

Littler·

The tradition of annually recognizing the courage and contribution of veterans dates back to November 11, 1919, the first anniversary of the end of World War I. November 11 became a national holiday in 1938, and employers in both the private and public sectors continue to search for ways to thank ve

DOJ and FTC Release Antitrust Guidance for HR Professionals

Littler·

Employment lawyers and human resources professionals, take note: In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more than a passing familiarity with antitrust law.

Workplace Policy Institute Insider Report — November 2016

Littler·

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The November edition of the Insider Report turns a spotlight on recent developments in the gig economy, discusses notable state and municip

Big Data Insights with Google Counsel and Data Scientists

Littler·

Dr. Zev Eigen, Littler’s Global Director of Data Analytics, is joined for this Big Data Podcast by Google’s Jeremiah Chan, Legal Director, Global Patents, and Jay Yonamine, Head of Data Science, Global Patents. The three discuss how the field of data science is applied in the workplace and where the

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

FordHarrison·

Executive Summary: In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices, generally under the topic of “anti-poaching” policies. Und

Forget Trump or Clinton—What Else is on the November 8 Ballot?

Littler·

Next week, Americans will head to the polls to elect their 45th President. Across the nation, voters will also fill 469 congressional seats, including 435 in the House and 34 in the Senate. While these federal races tend to occupy much of the coverage and discussion as November 8 approaches, issues

Top Ten Questions on Political Dialogue in the Workplace

Jackson Lewis P.C.·

During a presidential election season, political discussion and debate are prominent, often at family functions, social gatherings, and even at work.

EEOC's New Strategic Enforcement Plan Takes Aim at Gig Economy, Other Emerging Workforce Issues

Littler·

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term.1 The SEP builds on a prior plan issued in December 2012, which guided EEOC activity fo

Littler’s Marko Mrkonich Testifies at EEOC Meeting on Implications of Big Data in Employment

Littler·

On October 13, 2016, the U.S. Equal Employment Opportunity Commission empaneled a group of Big Data experts, including Littler Shareholder Marko Mrkonich, to discuss the use of data analytics in hiring, performance management, retention and other employment decisions. All on the panel agreed that Bi

Workplace Policy Institute Insider Report — October 2016

Littler·

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The October edition of the Insider Report examines what Congress accomplished before taking another brief recess in preparation for the Nov

Employers Should be Prepared to Deal with the Impact of Hurricane Matthew

FordHarrison·

Executive Summary: The governors of Florida and South Carolina have issued states of emergency as the East Coast braces for Hurricane Matthew. Although Matthew was downgraded to a Category 3 hurricane after crossing Cuba on Tuesday, forecasters expect it to strengthen again, possibly to a Category 4

DOL Moves Forward With Plan to Determine Size of the Gig Economy

Littler·

Earlier this year, the U.S. Department of Labor (DOL) announced plans to revive the Contingent Worker Supplement (CWS) to the upcoming Current Population Survey, in an effort to capture a more accurate picture of the modern workforce. In a step closer to achieving this end, the DOL's Bureau of Labor

Four States Expanded Employer Data Breach Notification Obligations in 2016

Littler·

With over 680 security breaches reported so far in 2016,1 more employers are being forced to confront the issue of how to respond to a breach. All states except Alabama, North Dakota and New Mexico now require notification when information commonly maintained by employers, such as Social Security nu

3 Essential Steps For Responding To Ransomware Attacks

Jackson Lewis P.C.·

Likely because most victims comply with their demands, the incidence of attacks by ransomware hackers has exploded in 2016. Guidance issued by the U.S. Department of Health and Human Services (“HHS”) in July notes that, on average, there have been 4,000 reported ransomware attacks per day thus far i

Workplace Policy Institute Insider Report — September 2016

Littler·

The September edition of Littler's Workplace Policy Institute Insider Report examines what federal agencies were up to while Congress was out of session, and discusses state and local laws that advanced in the weeks leading up to Labor Day. The Insider Report includes the following sections:

Pokémon Go in the Workplace: Catch all the Issues before They Catch You

Maynard Nexsen·

The new smartphone app, Pokémon Go, has taken the world by storm. This increasingly popular free game uses the GPS feature and camera of the player’s smartphone to capture creatures called “Pokémon” who appear on the user’s screen as if the creature was actually in the same location as the user. Pla

Sharing of Passwords Under Certain Circumstances Unlawful

Jackson Lewis P.C.·

Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July 5, 2016), the Ninth Circuit Court of Appeals was presented with the followi

Supreme Court Decision Restricts Government Prosecution of Political Corruption

Jackson Lewis P.C.·

In a unanimous 8-0 decision, the U.S. Supreme Court has vacated the political corruption convictions of former Virginia Governor Robert F. McDonnell for conspiracy to commit honest services fraud and Hobbs Act extortion and making false statements to federal officials. McDonnell v. United States, No

DEA Denies Petitions To Reschedule Marijuana But Will Authorize More Marijuana Manufacturing To Foster Research

Jackson Lewis P.C.·

The federal Drug Enforcement Administration announced August 11, 2016 that it denied two petitions to reschedule marijuana under the Controlled Substances Act (CSA). In addition, DEA announced a policy change designed to foster research by expanding the number of DEA-registered marijuana manufacture