Podcasts about Littler Mendelson

In late January, President Donald Trump fired Gwynne Wilcox, a member of the National Labor Relations Board. The termination was controversial because Member Wilcox, like all Board members, was arguably protected from removal by the National Labor Relations Act. The Act says that a Board member may be removed only for “malfeasance” or “neglect of duty.” It also requires the member to be given “notice and a hearing.” In firing Member Wilcox, the President cited no malfeasance or neglect; nor did he give her a hearing. Instead, he argued that regardless of the Act’s language, he could remove her under his inherent authority as head of the executive branch.Member Wilcox responded by suing for reinstatement. A federal district court will hear arguments in the case on March 5. Join us that afternoon as Alex MacDonald, co-chair of Littler Mendelson’s Workplace Policy Institute, breaks down the case.Featuring:Alexander T. MacDonald, Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.

In this episode of "The Free Lawyer," host Gary introduces career leadership coach Emily Hirsekorn, who shares her journey from studying positive psychology to coaching lawyers. Emily discusses key concepts like gratitude, flow, and optimism, and their role in combating stress and burnout among lawyers. She highlights the importance of recognizing burnout signs and introduces her "career confidence code" framework, which focuses on aligning career goals with personal values. Emily also addresses the challenges of self-doubt and provides strategies for achieving career clarity and fulfillment. The episode emphasizes self-reflection, value alignment, and the benefits of coaching for lawyers. Emily is a career leadership coach for lawyers with a background in private legal practice, anti-bias education, law career advising, and professional development. She is credentialed with the ICF—the gold standard in the industry—and is also certified with the Institute for Professional Excellence in Coaching (iPEC) as an Energy Leadership™ Index-Master Practitioner and COR.E Leadership Dynamics™ Specialist. She offers iPEC's robust leadership development curriculum designed to help maximize lawyer performance, influence, and fulfilment and delivers talks regularly on performance management and her signature framework The Career Confidence Code. Emily has supported thousands of lawyers and law students over the past decade through individual coaching, group programming, and corporate retreats, having worked most recently with organizational clients such as Littler Mendelson, Northwestern Mutual, the Florida Justice Association, and the South Asian Bar Association. As a mother of two, entrepreneur, and involved community member, Emily brings to her work a personal understanding of the competing needs of work and home. Would you like to learn more about Breaking Free or order your copy? https://www.garymiles.net/break-free  Would you like to schedule a complimentary discovery call? You can do so here: https://calendly.com/garymiles-successcoach/one-one-discovery-call

With last week's decision in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court struck down a 40-year precedent called the Chevron Doctrine (or Deference).This decision may have significant impact concerning how the National Labor Relations Board (and other federal agencies) conduct themselves moving forward.In this episode of Labor Relations Radio, labor attorney Jim Paretti, Jr., a shareholder with the law firm Littler Mendelson, returns to the podcast to discuss what the reversal of the Chevron Doctrine means, as well as provides an update to the “Joint Employer Rule” that the NLRB issued last year.Contact Jim Paretti, Jr. here.Related:Labor Relations Radio, E118: Michael Lotito Explains How A Supreme Court Case May Have A Huge Impact On Government AgenciesLabor Relations Radio, E79—Labor Attorney Jim Paretti discusses the NLRB's Atlanta Opera decision & its impact on Independent ContractorsFor all prior episodes of Labor Relations Radio, go here.__________________________LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

With last week's decision in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court struck down a 40-year precedent called the Chevron Doctrine (or Deference).This decision may have significant impact concerning how the National Labor Relations Board (and other federal agencies) conduct themselves moving forward.In this episode of Labor Relations Radio, labor attorney Jim Paretti, Jr., a shareholder with the law firm Littler Mendelson, returns to the podcast to discuss what the reversal of the Chevron Doctrine means, as well as provides an update to the “Joint Employer Rule” that the NLRB issued last year.Contact Jim Paretti, Jr. here.Related: * Labor Relations Radio, E118: Michael Lotito Explains How A Supreme Court Case May Have A Huge Impact On Government Agencies* Labor Relations Radio, E79—Labor Attorney Jim Paretti discusses the NLRB's Atlanta Opera decision & its impact on Independent ContractorsFor all prior episodes of Labor Relations Radio, go here.LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

In this episode, we shed light on the pivotal Department Order No. 238-23, a comprehensive directive detailing regulations for enforcing labor standards as outlined in Article 128 of the Labour Code of the Philippines and enhanced by the provisions of Republic Act No. 11058. This order represents a significant step forward in fortifying labor rights and ensuring workplace safety and health standards across the nation. Understanding its nuances is crucial for both employers and employees, as it not only underscores the government's commitment to labor rights but also sets a new benchmark for compliance and protection in the workplace. Join us as we explore the importance of this order and what it means for the future of labor standards in the Philippines.Our GuestNeptali B. SalvaneraMr. Salvanera specializes in labor law litigation, illegal dismissal, unfair labor practice, labor audits, strikes, union organization and representation issues, the labor aspect of mergers and acquisitions, and the planning and implementation of manpower reduction programs. He has also handled cases involving data privacy and data protection in the workplace and has rendered opinions on the matter for several clients. He has argued before the labor courts and all appellate courts including the Court of Appeals. He is extensively involved in the conduct of legal audit on the practices and contracting arrangements of companies. He is a part of a team in the firm that institutionalized the conduct of legal audit.Among his significant cases/projects are:the merger of two pharmaceutical companies and the consolidation of their operations and employees; andthe implementation of manpower reduction programs in several multinational and local companies.Mr. Salvanera has co-authored several articles on labor, including the Philippine chapters of:“International Guide on Labor and Employment” (2010), published by Littler Mendelson, LLP;“International Law Guide on Restrictive Covenants & Trade Secrets in Employment” (2010), published by the American Bar Association; and,“Doing Business” (various years), published by the World Bank.He is also a contributor to the Asian Mena Magazine, Business World, and Asia Business Law Journal.He speaks on a variety of topics from data privacy, employee discipline, labor relations, and outsourcing. Among her significant speaking engagements are:Contractualization: Concept and Updates, National HR Summit, 24 April 2018, SMX Convention Centre Manila;Labor-Related Issues When Investing in the Philippines, 2018 In-House Congress, 19 September 2018, Marina Mandarin, Singapore;Data Privacy: What Employers Should Know, ALB Summit, April 2017, Marina Mandarin SingaporeEnding the Endo, 13th Philippine Semiconductor and Electronics Convention and Exhibition (PSECE), 15 June 2016, SMX Convention Centre ManilaIn 2010, Mr. Salvanera was recognized by Key Media as one of the experts in the field of labor and employment in the region.Mr. Salvanera was identified in The Legal 500 Asia Pacific 2021 Editorial as a recommended lawyer in the practice area of Labor and Employment.Mr. Salvanera is a professional lecturer at the De La Salle University, where he teaches courses in Labor Standards, Labor Relations, International Labor Law, and Sales, Agency & Bailments.Mr. Salvanera ranked third among the students of his graduating law class and was admitted to the Philippine Bar in May 1999. He is a member of the Pi Gamma Mu International Honor Society and the Cagayan Chapter of the Integrated Bar of the Philippines.Please visit www.accralaw.com for more information.

Thought leader and renowned labor attorney Michael Lotito, with Littler Mendelson's Workplace Policy Institute, returns to Labor Relations Radio to break down the U.S. Supreme Court case involving the “Chevron Doctrine,” and how it may impact government agencies, as it pertains to labor and employee relations.In particular, Mr. Lotito discusses the Supreme Court's case as it may relate to the current independent contractor issue, as well as the NLRB's joint-employer rule.Related:* On 'Chevron' Deference and a Path Forward* Labor Relations Radio, Ep. 37—Thought Leader Michael Lotito on the Emma Coalition and the radical and transformational changes coming to America's workforce* Labor Relations Radio, Ep. 12—Guest: Michael J. Lotito, Labor Attorney and Nationally-Recognized Thought Leader on Workplace PolicyFor all prior episodes of Labor Relations Radio, go here.LaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, become a paid subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

Thought leader and renowned labor attorney Michael Lotito, with Littler Mendelson's Workplace Policy Institute, returns to Labor Relations Radio to break down the U.S. Supreme Court case involving the “Chevron Doctrine,” and how it may impact government agencies, as it pertains to labor and employee relations.In particular, Mr. Lotito discusses the Supreme Court's case as it may relate to the current independent contractor issue, as well as the NLRB's joint-employer rule.Related:On 'Chevron' Deference and a Path ForwardLabor Relations Radio, Ep. 37—Thought Leader Michael Lotito on the Emma Coalition and the radical and transformational changes coming to America's workforceLabor Relations Radio, Ep. 12—Guest: Michael J. Lotito, Labor Attorney and Nationally-Recognized Thought Leader on Workplace PolicyFor all prior episodes of Labor Relations Radio, go here.__________________________LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Jeff Nowak -- attorney at Littler Mendelson, P.C., and author of the FMLA Insights blog -- joins Karen at the bottom of the 7 o'clock hour this morning, to talk about reasonable accommodations for expecting mothers in the workplace.

On this day, June 27th, in legal history, the Federal Housing Administration came into being. The Federal Housing Administration (FHA) was established in 1934 as part of President Franklin D. Roosevelt's New Deal program during the Great Depression. On June 27, 1934, the National Housing Act was passed which functionally created the FHA. The primary goal of the FHA was to stabilize the housing market and increase homeownership opportunities for Americans. It did so by providing mortgage insurance to lenders, enabling them to offer loans with lower down payments and longer repayment terms if those loans complied with certain underwriting conditions.The FHA played a significant role in expanding homeownership, particularly for low-income and first-time homebuyers who were previously unable to secure traditional mortgages. It introduced standardized underwriting guidelines, making it easier for lenders to assess borrower creditworthiness. Additionally, the FHA established regulations for home construction and safety standards to improve housing conditions.During its early years, the FHA primarily facilitated the construction of single-family homes. However, after World War II, it expanded its programs to include multi-family housing, aiding the construction of rental properties and helping address housing shortages.Over time, the FHA's role evolved, and it became a vital institution in the mortgage market, ensuring the availability of affordable home loans. However, it faced criticism for some of its practices, including redlining, a discriminatory practice that disproportionately affected minority communities by denying them access to mortgage loans.Despite its shortcomings, the FHA continues to operate today as part of the U.S. Department of Housing and Urban Development (HUD), supporting affordable housing initiatives and promoting access to mortgage financing for a wide range of borrowers.KPMG LLP, one of the Big Four accounting firms, is planning to lay off nearly 5% of its US workforce, amounting to approximately 2,000 positions, citing challenging economic conditions and low turnover rates. This marks the second round of layoffs for the firm in 2023 and deviates from its earlier strategy of offering incentives to retain employees during the "Great Resignation" trend. The job cuts are expected to be completed by late summer, and affected employees will receive severance packages and access to career services and healthcare benefits. KPMG's decision aligns with similar actions taken by competitors like Deloitte, Ernst & Young, and Grant Thornton, who have also reduced their consulting businesses due to declining demand. Despite the layoffs, KPMG reported a 14% increase in revenue for its US affiliate in the previous year and expressed optimism about future growth opportunities. The firm's leaders noted a significant disparity between workforce size and the resources required to deliver services, citing economic headwinds and low attrition rates as contributing factors. While staff in tax and audit practices received immediate notifications, professionals in the advisory business and other areas were told they would have to wait until later in the summer to learn their fate. Unlike its counterparts, PwC has not announced any layoffs driven by market conditions but instead informed its staff to expect bonus pay and merit raises, with increased in-office presence.KPMG Cutting US Workforce 5% in Second Round of 2023 Layoffs (1)The County of Los Angeles has severed ties with law firm Lewis Brisbois Bisgaard & Smith following the release of racist, sexist, and antisemitic emails by two former senior partners. The county will no longer assign new matters to the firm and will review existing cases to determine if they should be transferred to other outside lawyers on a case-by-case basis. County counsel Dawyn Harrison emphasized the importance of promoting inclusion, diversity, equity, and anti-racism in law firms contracted by the county. The LA County counsel's office assigns cases to contract law firms for various government departments and has an apportioned budget of around $186 million for the current fiscal year. Lewis Brisbois has represented clients such as the LA County's Metropolitan Transportation Authority, Sheriff's Department, and Board of Supervisors. The firm is currently in discussions with the county but declined to provide further comment. This development follows the departure of leaders from Lewis Brisbois' labor and employment group, who left to launch a competing firm and subsequently prompted the release of offensive emails. Lewis Brisbois, known for its work in insurance defense, has undergone leadership changes and is now led by managing partner Gregory Katz.LA County Cuts Ties With Lewis Brisbois After Racist Emails (1)Rite Aid, the drugstore chain burdened by a $2.9 billion debt, has ended its relationships with two law firms, Bradley Arant Boult Cummings and Littler Mendelson, due to personal connections between their partners and Rite Aid's former and current senior executives. The decision was made to ensure that "related persons" do not have a significant interest in the company's legal matters. Rite Aid cited the presence of the sister of its former chief legal officer at Bradley, which represented the company in opioid-related litigation, and a Littler partner who is the brother of Rite Aid's chief financial officer. The company did not disclose the names of the lawyers involved. Rite Aid recently appointed Christin Bassett as its acting legal chief following the departure of its former chief legal officer, Paul Gilbert. Thomas Sabatino Jr., previously the top lawyer at Tenneco Inc., will succeed Gilbert as the legal group leader. Rite Aid is currently dealing with various legal issues, including opioid litigation and a growing debt load. Bondholders have engaged Paul, Weiss, Rifkind, Wharton & Garrison as they prepare for discussions on restructuring the company's debt.Rite Aid Cuts Loose Law Firms With Personal Ties to ExecutivesThe U.S. Supreme Court has dismissed a Republican appeal to defend a Louisiana electoral map that was challenged as discriminatory. The map, drawn by the Republican-led state legislature, was accused of unlawfully discriminating based on race. A federal judge had ordered the creation of two congressional districts where Black voters would be the majority, potentially benefiting Democratic chances in the upcoming elections. The Supreme Court's dismissal allows the case to proceed before the 5th U.S. Circuit Court of Appeals in New Orleans for review before the 2024 congressional elections in Louisiana. Black voters and civil rights groups had sued, claiming that the map disenfranchised and discriminated against Black Louisianans by packing them into one district and diluting their voting power in others. The ruling follows a similar decision in an Alabama case, where the Supreme Court found that the Republican-drawn map violated the Voting Rights Act by diminishing the voting power of Black Alabamians.US Supreme Court tosses race-based dispute over Louisiana electoral map | ReutersThe U.S. Supreme Court has rejected an inventor's bid to challenge a patent ruling based on the grounds that one of the judges involved is facing a competency probe. Inventor Franz Wakefield argued that the investigation into Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit raised concerns about due process and warranted a new hearing. However, the Supreme Court denied the petition without providing a written opinion. Wakefield had sued several tech companies for patent infringement, but the patent was invalidated in 2021 by a Delaware federal court and affirmed by a three-judge panel at the Federal Circuit that included Judge Newman. Wakefield claimed that the presence of a judge with a mental disability on the panel undermined the principle of a fair and impartial hearing. Judge Newman, who is 96 years old, has denied the claims and filed a lawsuit to halt the competency probe.US Supreme Court won't reconsider ruling by judge facing competency probe | ReutersIn this week's column, I lay out and compare some tax rates in the United States and Norway, pointing out that the top federal tax bracket in the US for 2023 is 37%, while in Norway, it reaches 55.8% – but the top US rate in 1944 was a staggering 94%, applied to income over $200,000 (equivalent to $3.45 million today). I acknowledge that advocating for such a high rate would be difficult. Instead, I propose a compromise: maintaining the current rate structure but adding a 100% tax rate for individuals earning over $1 billion.The proposed tax would apply to both income and capital gains, without any loopholes or exceptions. At the outset I acknowledge the complexity of implementing such a tax, given the intricacies of the US tax code, but I'd argue that the lack of proper regulation ensuring billionaires pay their fair share is a result of political unwillingness rather than administrative obstacles.There are a limited number of billionaires who earn over $1 billion per year in income, it is an elite group, and taxing just this elite group would generate relatively modest revenue (that is, approximately $6 billion per year). However, there are massive unrealized gains held by billionaires, which amount to around $2.7 trillion in the US. I thus suggest implementing a mark-to-market tax, requiring billionaires to recognize gains and losses on their investments at the end of each tax year.By applying a mark-to-market tax rate of 100% on gains and income above $1 billion, I argue that it would prevent the further growth of billionaires' wealth and could generate significant revenue. For example, if the year ended today, it could raise around $335 billion from the top billionaires alone. I conclude by highlighting the ease of administering such a targeted tax due to the relatively small number of billionaires in the US (724). That said, the main obstacle to implementing a 100% tax rate is not administrative feasibility but rather the political challenges and resistance from a nation that aspires to wealth. It's Time to Slap America's Billionaires With a 100% Tax Bracket Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

Share this episode of Labor Relations Radio with your colleagues.Episode Summary: Earlier this week, the National Labor Relations Board (NLRB) issued its long-awaited Atlanta Opera decision, which impacts independent contractors and the employers that utilize them. In this episode of Labor Relations Radio, Jim Paretti, a labor attorney with the law firm Littler Mendelson joins host Peter List to discuss the decision's background and what it means for employers as well as independent contractors.Related:* NLRB: Board Modifies Independent Contractor Standard under National Labor Relations Act* NLRB Decision: Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local 798, IATSE. Case 10– RC–276292 [in PDF]For all prior episodes of Labor Relations Radio, go here.LaborUnionNews.com's News Digest and Labor Relations Radio are subscriber-supported. To receive new content and support our work, become a subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

Episode Summary: Earlier this week, the National Labor Relations Board (NLRB) issued its long-awaited Atlanta Opera decision, which impacts independent contractors and the employers that utilize them.In this episode of Labor Relations Radio, Jim Paretti, a labor attorney with the law firm Littler Mendelson joins host Peter List to discuss the decision's background and what it means for employers as well as independent contractors.Related:NLRB: Board Modifies Independent Contractor Standard under National Labor Relations ActNLRB Decision: Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local 798, IATSE. Case 10– RC–276292 [in PDF]For all prior episodes of Labor Relations Radio, go here.__________________________LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

📈Víctor Gómez Ayala, Analista Económico del ITAM, nos explica que en marzo pasado, los ingresos petroleros del país tuvieron una caída real anual de 38.7%, tras dos años consecutivos con alzas de doble dígito en ese mismo mes. 🍸 Oliver Galindo Ávila, experto en propiedad intelectual de Regalado & Galindo Abogados, nos habla sobre los cambios para la vigilancia de la industria tequilera, que ha funcionado bajo un solo organismo. 📜 Jorge Sales Boyoli, socio de la firma laboral Littler Mendelson, nos comenta que una red de contratos de protección patronal en México quedó exhibida con la legitimación de contratos colectivos que impuso el T-MEC.

In an exclusive interview with News is my Business, attorneys from Littler Mendelson, a global legal firm specializing on workplace solutions related to labor and employment laws, and its local partners at Schuster LLC discussed how the new labor trends are affecting not just companies across the US mainland, but also in Puerto Rico.

There's no doubt that technology has changed the way we live and work. And as technology has evolved, so too have the ways we use it to improve our lives and work. One area where technology has had a significant impact is in the benefits space.  Listen in as Ellen McCann and host Shari Simpson discuss how to best leverage your technology to increase benefit utilization. Guest: Ellen McCann, Assistant Vice President, Unum Solutions Ellen is an acclaimed national speaker on leave management issues, including the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). She is also a certified trainer for the Society for Human Resources Management (SHRM) and continuing education (CE) credit. As Assistant Vice President Unum Solutions, she combines more than 30 years of employment law experience with practical knowledge of the complexities of leave and accommodation management to help develop and create solutions that enable employers to address the challenges of leave and accommodations.  Currently, Ellen is helping to create, define and support Total Leave, Unum's modern, digital leave management solution, and Unum's Vaccine Verifier, a digital solution that helps track vaccination status, manage exemption requests and oversee testing. Ellen joined Unum's Solutions organization in August of 2021 after briefly working for the employment law firm of Littler Mendelson. Before working for Littler, Ellen was Assistant Vice President, Legal Counsel of Unum's Employment Law Group, where she provided legal support to Unum's Absence Management Center and advised Human Resources on all employment-related legal issues for more than 23 years. She worked for a law firm in Boston for seven years before joining Unum. Ellen graduated from the College of the Holy Cross and the University of Notre Dame Law School.  Mentioned in the episode: Unum

With the fast-paced arrival of innovative and transformative technologies, will workers whose jobs are most likely to be disrupted have the skills and training required for the new jobs being created? — Emma CoalitionGuest Michael Lotito is a shareholder with the law firm Littler Mendelson, and is one of the premier labor attorneys in the nation. As importantly, Mr. Lotito is one of the nation's thought leaders on workplace policy and, as such, is also co-chair of Littler's Workplace Policy Institute.Back in March, Mr. Lotito came onto Labor Relations Radio and, while the conversation was mostly about labor policy and various things going on with the National Labor Relations Board, he touched on some of the broader changes that are going on in the American workplace and what he's been doing about it.This episode is a deeper dive into some of those issues and the Emma Coalition a project Michael co-founded and named in honor of his granddaughter.The Emma Coalition is dedicated to educating the employer community and policymakers about the issues surrounding TIDE™️—which stands for technology-induced displacement of employees.Related Reading:* The Emma Coalition* Emma Coalition: Who will TIDE™ effect most?* Workplace Policy Institute's Annual Labor Day Report* Automation & Artificial Intelligence: TIDE at the Tipping Point* Thought Leaders Predict AI's Impact on the Workforce* The Robots are Coming: AI Replaces Line Judges at U.S. Open, With Global Implications for Jobs Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

It's coming faster than most people recognize.With the fast-paced arrival of innovative and transformative technologies, will workers whose jobs are most likely to be disrupted have the skills and training required for the new jobs being created? — Emma CoalitionGuest Michael Lotito is a shareholder with the law firm Littler Mendelson, and is one of the premier labor attorneys in the nation.As importantly, Mr. Lotito is one of the nation's thought leaders on workplace policy and, as such, is also co-chair of Littler's Workplace Policy Institute.Back in March, Mr. Lotito came onto Labor Relations Radio and, while the conversation was mostly about labor policy and various things going on with the National Labor Relations Board, he touched on some of the broader changes that are going on in the American workplace and what he's been doing about it.This episode is a deeper dive into some of those issues and the Emma Coalition a project Michael co-founded and named in honor of his granddaughter.The Emma Coalition is dedicated to educating the employer community and policymakers about the issues surrounding TIDE™️—which stands for technology-induced displacement of employees.Related Reading:The Emma CoalitionEmma Coalition: Who will TIDE™ effect most?Workplace Policy Institute's Annual Labor Day ReportAutomation & Artificial Intelligence: TIDE at the Tipping PointThought Leaders Predict AI's Impact on the Workforce

We talk to Dave Jamieson, Huffington Post's Labor Reporter about union busting firm Littler Mendelson's Labor Day Report. Crunchyroll is union busting, we talk to Mel Buer about the Case New Holland strike, and more. ✦ ABOUT ✦The Valley Labor Report is the only union talk radio show in Alabama, elevating struggles for justice and fairness on the job, educating folks about how they can do the same, and bringing relevant news to workers in Alabama and beyond.Our single largest source of revenue *is our listeners* so your support really matters and helps us stay on the air!Make a one time donation or become a monthly donor on our website or patreon:TVLR.FMPatreon.com/thevalleylaborreportVisit our official website for more info on the show, membership, our sponsors, merch, and more: https://www.tvlr.fmFollow TVLR on Facebook: https://www.facebook.com/TheValleyLab...Follow TVLR on Twitter: @LaborReportersFollow Jacob on Twitter: @JacobM_ALFollow TVLR Co-Creator David Story on Twitter: @RadiclUnionist✦ CONTACT US ✦Our phone number is 844-899-TVLR (8857), call or text us live on air, or leave us a voicemail and we might play it during the show!✦ OUR ADVERTISERS KEEP US ON THE AIR! ✦Support them if you can.The attorneys at MAPLES, TUCKER, AND JACOB fight for working people. Let them represent you in your workplace injury claim. Mtandj.com; (855) 617-9333The MACHINISTS UNION represents workers in several industries including healthcare, the defense industry, woodworking, and more. iamaw44.org (256) 286-3704 / organize@iamaw44.orgDo you need good union laborers on your construction site, or do you want a union construction job? Reach out to the IRONWORKERS LOCAL 477. Ironworkers477.org  256-383-3334 (Jeb Miles) / local477@bellsouth.netThe NORTH ALABAMA DSA is looking for folks to work for a better North Alabama, fighting for liberty and justice for all. Contact / Join: DSANorthAlabama@gmail.comIBEW LOCAL 136 is a group of over 900 electricians and electrical workers providing our area with the finest workforce in the construction industry. You belong here. ibew136.org Contact: (205) 833-0909IFPTE - We are engineers, scientists, nonprofit employees, technicians, lawyers, and many other professions who have joined together to have a greater voice in our careers. With over 80,000 members spread across the U.S. and Canada, we invite you and your colleagues to consider the benefits of engaging in collective bargaining. IFPTE.org Contact: (202) 239-4880THE HUNTSVILLE INDUSTRIAL WORKERS OF THE WORLD is a union open to any and all working people. Call or email them today to begin organizing your workplace - wherever it is. On the Web: https://hsviww.org/ Contact: (256) 651-6707 / organize@hsviww.orgENERGY ALABAMA is accelerating Alabama's transition to sustainable energy. We are a nonprofit membership-based organization that has advocated for clean energy in Alabama since 2014. Our work is based on three pillars: education, advocacy, and technical assistance. Energy Alabama on the Web: https://alcse.org/ Contact: (256) 812-1431 / dtait@energyalabama.orgThe Retail, Wholesale and Department Store Union represents in a wide range of industries, including but not limited to retail, grocery stores, poultry processing, dairy processing, cereal processing, soda bottlers, bakeries, health care, hotels, manufacturing, public sector workers like crossing guards, sanitation, and highway workers, warehouses, building services,  and distribution. Learn more at RWDSU.infoThe American Federation of Government Employees (AFGE) is the largest federal employee union proudly representing 700,000 federal and D.C. government workers nationwide and overseas. Learn more at AFGE.orgAre you looking for a better future, a career that can have you set for life, and to be a part of something that's bigger than yourself?   Consider a skilled trades apprenticeship with the International Union of Painters and Allied Trades. Learn more at IUPAT.orgUnionly is a union-focused company created specifically to support organized labor. We believe that providing online payments should be simple, safe, and secure.  Learn more at unionly.ioHometown Action envisions inclusive, revitalized, and sustainable communities built through multiracial working class organizing and leadership development at the local and state level to create opportunities for all people to thrive. Learn more at hometownaction.orgMembers of IBEW have some of the best wages and benefits in North Alabama. Find out more and join their team at ibew558.org ★ Support this podcast on Patreon ★

Ashley Wong, an associate at Sidley Austin LLP, speaks with William Ng, the current president of AABANY, and shareholder at Littler Mendelson, P.C., and Terry Shen, past president of AABANY and a partner at Kramer Levin Naftalis & Frankel LLP.

Naomi Seddon is an international lawyer, thought-leader, and author of Milk and Margaritas. Her legal career spans 3 countries where she has worked with over 2,000 companies. Naomi also advocates and presents on workplace equality and issues impacting women at work. She was named by Legal 500 as a top attorney in the United States for legal advice and counseling. In addition to her role as an international lawyer, Naomi is regularly called upon to advise boards and executive management on their people issues. 

In this week's episode, Littler Mendelson's Erin Webber and Scott Forman shared how the firm is shifting to the changing preferences of the talent market.

When it comes to America's workplace policy, there are very few who meet Michael J. Lotito's knowledge, stature and influence.A nationally-known labor attorney for the firm Littler Mendelson, Mr. Lotito is co-chair of the firm's Workplace Policy Institute (WPI).Mr. Lotito has testified before the U.S. House of Representatives and the U.S. Senate, as well as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC).In his WPI role, he advocates on behalf of the employer community on a variety of issues, regularly files amicus briefs on vital workplace policy concerns and has led the management community in opposition to the federal persuader rule, which would destroy confidentiality between lawyers and their clients.Additionally, Mr. Lotito is a co-founder of the Emma Coalition, which is named after his granddaughter and is dedicated to “educating the employer community and policymakers about the issues surrounding TIDE™️ and maximizing the economic and social benefits of TIDE™️ for America's companies and workers while minimizing its disruptive costs for workers and companies.”In this episode of Labor Relations Radio, Mr. Lotito and host Peter List cover a wide variety of current labor relations issues affecting the workplace and, in particular, the various legal issues around the topic of independent contractors and the gig economy.Related links:The Future Is Now: Workforce Opportunities And The Coming TIDEWSJ: Congressional Democrats Want to Weaponize Federal Labor LawMore articles by Michael J. Lotito

When it comes to America’s workplace policy, there are very few who meet Michael J. Lotito’s knowledge, stature and influence.A nationally-known labor attorney for the firm Littler Mendelson, Mr. Lotito is co-chair of the firm’s Workplace Policy Institute (WPI).Mr. Lotito has testified before the U.S. House of Representatives and the U.S. Senate, as well as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC).In his WPI role, he advocates on behalf of the employer community on a variety of issues, regularly files amicus briefs on vital workplace policy concerns and has led the management community in opposition to the federal persuader rule, which would destroy confidentiality between lawyers and their clients.Additionally, Mr. Lotito is a co-founder of the Emma Coalition, which is named after his granddaughter and is dedicated to “educating the employer community and policymakers about the issues surrounding TIDE™️ and maximizing the economic and social benefits of TIDE™️ for America’s companies and workers while minimizing its disruptive costs for workers and companies.”In this episode of Labor Relations Radio, Mr. Lotito and host Peter List cover a wide variety of current labor relations issues affecting the workplace and, in particular, the various legal issues around the topic of independent contractors and the gig economy.Related links:The Future Is Now: Workforce Opportunities And The Coming TIDEWSJ: Congressional Democrats Want to Weaponize Federal Labor LawMore articles by Michael J. LotitoSubscribe and listen to Labor Relations Radio on these podcast platforms:Amazon MusicApple PodcastsBuzzsproutGoogle PodcastsSpotifyMore…LaborUnionNews.com's News Digest and Labor Relations Radio is a reader-supported publication. To receive new posts, podcasts and to support our work, please consider becoming a paid subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

Jorge Sales Boyoli, socio de la Firma de Littler Mendelson se refirió en entrevista al ajuste del salario mínimo en el 2022.

With independent contractor law AB 5 increasingly likely to be the law of the land in California, how trucking companies prepare for that day will be enormously important. Damon Ott, a shareholder in the Littler Mendelson law firm, speaks with editor at large John Kingston about what companies should be doing now to get ready for the day when AB 5 is implemented, whenever that might be.Follow FreightWaves on Apple PodcastsFollow FreightWaves on SpotifyMore FreightWaves Podcasts

With independent contractor law AB 5 increasingly likely to be the law of the land in California, how trucking companies prepare for that day will be enormously important. Damon Ott, a shareholder in the Littler Mendelson law firm, speaks with editor at large John Kingston about what companies should be doing now to get ready for the day when AB 5 is implemented, whenever that might be.Apple PodcastSpotifyMore FreightWaves Podcasts

In this episode, Christine Shaw speaks with Corie Pauling, senior vice president, chief inclusion diversity and equity officer, head of corporate social responsibility at TIAA. Corie describes her career path, sharing how she made the move from civil rights law to her role at TIAA. Corie also discusses her passion for empowering women and members of the Black community to Be the Change.We discuss: How growing up in Detroit shaped Corie’s professional careerThe impact that Corie’s first law firm had on her throughout her career and how they helped her build her confidenceThe importance of pushing yourself outside your comfort zoneWhat makes Corie so passionate about her work in the diversity, inclusion and equity spaceWhat led TIAA to launch the Be the Change initiativeAnd more!Tune in to learn about Corie Pauling’s passion for working in the diversity, inclusion and equity space for women and members of the Black community!Resources: InvestmentNews | Christine Shaw | TIAA | Corie Pauling | Be the ChangeGuest bio: At TIAA since 2006, Corie Pauling became the organization’s senior vice president, chief  inclusion & diversity (I&D) officer and head of corporate social responsibility in 2018. Corie  was instrumental in the launch of the I&D function at TIAA over 12 years ago and served as a  primary legal and business advisor and thought leader in this area. In her prior role, Corie  held the position of senior director and associate general counsel in the Employment, Benefits  & Labor Law Group, providing trusted counsel to TIAA’s executives, its prior I&D leaders and  other human resources leaders and also business managers on a broad range of workforce  issues, and she also managed employment litigation nationally. In the I&D space, she offers extensive experience in strategy development, board interface, EEO policy/training, social  justice platforms, I&D data analytics/metrics, supplier diversity, pay and performance equity,  talent acquisition and engagement, employee/business resource groups, federal contractor  compliance and workplace investigations. She also leads TIAA’s enterprise corporate social  responsibility (CSR) function, which last year led over 230 volunteer projects, 10K employee  volunteers and $11 million in corporate and workforce giving globally, including progressive  pandemic outreach initiatives. Through her groundbreaking leadership and strong enterprise  collaborations, TIAA has achieved powerful indicators of workforce and business innovation  through I&D and CSR strategies, and the organization has garnered lauded employer of  choice recognition by renowned organizations such as DiversityInc, Forbes and others.  A former shareholder with the international employment law firm Littler Mendelson and  also a former partner with the legendary civil rights law firm Ferguson Stein Chambers,  Corie’s experience includes counseling financial services institutions and other Fortune 500  companies as well as representing individual employees in employment and education rights  litigation. She has significant trial and appellate experience on civil rights matters. Having presented before the American Bar Association, the National Bar Association, the  North Carolina Bar Association, the Practicing Law Institute, the Society of Human  Resources Management and other organizations, Corie frequently speaks at programs on  emerging employment law, diversity, equity and inclusion topics. An engaged civic leader and 13-time competitive marathoner, Corie was incredibly honored  to be listed among the 2021 Elite 100 Black Women leaders by Diversity Woman magazine,  on the 2020 list of North America’s Most Influential D&I Leaders by Hive Learning and also a  2019 Black Enterprise Most Powerful Women in Corporate Diversity and, very meaningfully, the 2012 TIAA Working Mother of the Year in conjunction with the national publication  Working Mother and a 2011 recipient of the Young Civic Leader Award by the Thurgood  Marshall College Fund. Corie also served on the Board of Governors of the North Carolina  Bar Association and as chairperson of the NCBA’s 500-attorney Labor and  Employment Law Section. Among other leadership posts, she served on the Board of  Directors for the Levine Museum of the New South and Charlotte’s Arts & Science Council  Advisory Committee, and co-chaired the Mecklenburg County Bar’s Diversity and Inclusion  Committee. An avid “late bloomer” runner, she is also thrilled to have qualified for and run  the 2018 Boston Marathon, with training underway now for another shot in 2022. Corie holds a Bachelor of Science degree in Industrial and Operations Engineering from the  University of Michigan and also a Juris Doctor from Northwestern University School of Law.

In this episode, Christine Shaw speaks with Corie Pauling, senior vice president, chief inclusion diversity and equity officer, head of corporate social responsibility at TIAA. Corie describes her career path, sharing how she made the move from civil rights law to her role at TIAA. Corie also discusses her passion for empowering women and members of the Black community to Be the Change.We discuss: How growing up in Detroit shaped Corie’s professional careerThe impact that Corie’s first law firm had on her throughout her career and how they helped her build her confidenceThe importance of pushing yourself outside your comfort zoneWhat makes Corie so passionate about her work in the diversity, inclusion and equity spaceWhat led TIAA to launch the Be the Change initiativeAnd more!Tune in to learn about Corie Pauling’s passion for working in the diversity, inclusion and equity space for women and members of the Black community!Resources: InvestmentNews | Christine Shaw | TIAA | Corie Pauling | Be the ChangeGuest bio: At TIAA since 2006, Corie Pauling became the organization’s senior vice president, chief  inclusion & diversity (I&D) officer and head of corporate social responsibility in 2018. Corie  was instrumental in the launch of the I&D function at TIAA over 12 years ago and served as a  primary legal and business advisor and thought leader in this area. In her prior role, Corie  held the position of senior director and associate general counsel in the Employment, Benefits  & Labor Law Group, providing trusted counsel to TIAA’s executives, its prior I&D leaders and  other human resources leaders and also business managers on a broad range of workforce  issues, and she also managed employment litigation nationally. In the I&D space, she offers extensive experience in strategy development, board interface, EEO policy/training, social  justice platforms, I&D data analytics/metrics, supplier diversity, pay and performance equity,  talent acquisition and engagement, employee/business resource groups, federal contractor  compliance and workplace investigations. She also leads TIAA’s enterprise corporate social  responsibility (CSR) function, which last year led over 230 volunteer projects, 10K employee  volunteers and $11 million in corporate and workforce giving globally, including progressive  pandemic outreach initiatives. Through her groundbreaking leadership and strong enterprise  collaborations, TIAA has achieved powerful indicators of workforce and business innovation  through I&D and CSR strategies, and the organization has garnered lauded employer of  choice recognition by renowned organizations such as DiversityInc, Forbes and others.  A former shareholder with the international employment law firm Littler Mendelson and  also a former partner with the legendary civil rights law firm Ferguson Stein Chambers,  Corie’s experience includes counseling financial services institutions and other Fortune 500  companies as well as representing individual employees in employment and education rights  litigation. She has significant trial and appellate experience on civil rights matters. Having presented before the American Bar Association, the National Bar Association, the  North Carolina Bar Association, the Practicing Law Institute, the Society of Human  Resources Management and other organizations, Corie frequently speaks at programs on  emerging employment law, diversity, equity and inclusion topics. An engaged civic leader and 13-time competitive marathoner, Corie was incredibly honored  to be listed among the 2021 Elite 100 Black Women leaders by Diversity Woman magazine,  on the 2020 list of North America’s Most Influential D&I Leaders by Hive Learning and also a  2019 Black Enterprise Most Powerful Women in Corporate Diversity and, very meaningfully, the 2012 TIAA Working Mother of the Year in conjunction with the national publication  Working Mother and a 2011 recipient of the Young Civic Leader Award by the Thurgood  Marshall College Fund. Corie also served on the Board of Governors of the North Carolina  Bar Association and as chairperson of the NCBA’s 500-attorney Labor and  Employment Law Section. Among other leadership posts, she served on the Board of  Directors for the Levine Museum of the New South and Charlotte’s Arts & Science Council  Advisory Committee, and co-chaired the Mecklenburg County Bar’s Diversity and Inclusion  Committee. An avid “late bloomer” runner, she is also thrilled to have qualified for and run  the 2018 Boston Marathon, with training underway now for another shot in 2022. Corie holds a Bachelor of Science degree in Industrial and Operations Engineering from the  University of Michigan and also a Juris Doctor from Northwestern University School of Law.

A couple of stories out of Littler Mendelson this week, as one partner disappears from the website after pointing the finger at his client in federal court while the firm itself ducks special bonuses for associates by handing out hats. By contrast, Kirkland went over the top on associate appreciation with free food. Joe and Kathryn unsurprisingly think the latter is a better approach. The team also discusses new anti-riot legislation legalizing running over protesters. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.

A couple of stories out of Littler Mendelson this week, as one partner disappears from the website after pointing the finger at his client in federal court while the firm itself ducks special bonuses for associates by handing out hats. By contrast, Kirkland went over the top on associate appreciation with free food. Joe and Kathryn unsurprisingly think the latter is a better approach. The team also discusses new anti-riot legislation legalizing running over protesters.   Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.

A couple of stories out of Littler Mendelson this week, as one partner disappears from the website after pointing the finger at his client in federal court while the firm itself ducks special bonuses for associates by handing out hats. By contrast, Kirkland went over the top on associate appreciation with free food. Joe and Kathryn unsurprisingly think the latter is a better approach. The team also discusses new anti-riot legislation legalizing running over protesters. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.

In this episode, we speak with Littler Mendelson Shareholder and former Litigation and Trial Practice Group Co-Chair, Helene Wasserman. Helene joins us to discuss emerging trends in litigation, and the potential for sustained adoption of remote depositions, hearings, and trials post-COVID. We review practical considerations and tips for advancing litigation in the new remote normal, and explore the potential benefits of the remote environment for certain case resolution types.

Theodora Lee leads a dual life as a senior partner at Littler Mendelson, specialists in employment law, and owner of Theopolis Vineyards in Mendocino County's Yorkville Highlands. A native Texan used to farm life, Lee acquired land to plant vines in 2001 and released her first estate bottled wines in 2014. Theopolis Vineyards' Petite Sirah and Pinot Noir have received awards and top ratings, earning Lee the moniker, "Theo-patra, Queen of the Vineyards." www.theopolisvineyards.com.The Connected Table Live Radio Show is broadcast live at 2pm ET Wednesdays on W4CY Radio (www.w4cy.com) part of Talk 4 Radio (www.talk4radio.com) on the Talk 4 Media Network (www.talk4media.com). This podcast is also available on Talk 4 Podcasting (www.talk4podcasting.com).

COVID-19 has created numerous complications for employers, leaving many unsure about how to best comply with their legal obligations to employees, especially when ADA considerations are at play. State Bar of Texas podcast host Rocky Dhir welcomes Kelli Fuqua to discuss employment law and the ADA in the context of the pandemic. Kelli offers practical guidance for employers on how to ensure compliance and get creative with employee accommodations. Kelli Fuqua is an associate attorney at Littler Mendelson in Austin, Texas.

COVID-19 has created numerous complications for employers, leaving many unsure about how to best comply with their legal obligations to employees, especially when ADA considerations are at play. State Bar of Texas podcast host Rocky Dhir welcomes Kelli Fuqua to discuss employment law and the ADA in the context of the pandemic. Kelli offers practical guidance for employers on how to ensure compliance and get creative with employee accommodations. Kelli Fuqua is an associate attorney at Littler Mendelson in Austin, Texas.

HR compliance is more complex than ever, particularly with leave and absence management. In this episode, Daris Freeman and Ellen McCann give an overview of paid leave laws, both pre-pandemic and those being signed into law amid the ongoing coronavirus pandemic. Key takeaways:Prior to the pandemic, many states and jurisdictions had existing employer-mandated paid leave laws. (01:25)States and local jurisdictions have stepped up to provide paid leave for workers due to COVID-related reasons . These fall into two key areas: 1) Protections for employees in organizations with more than 500 employees that are not subject to the federal FFCRA and 2) States, such as California, that have passed broader legislation that applies to all employers and employees. (04:30)States and jurisdictions are passing laws to provide paid leave to those impacted by COVID-19. This is an active space with nearly one new law appearing every week. (05:30)Colorado has passed three laws in one: 1) The federal FFCRA equivalent for 2020 for larger employers and 2) a broader paid leave provision that has two components: a) paid leave for employees or family members who have an illness and school closures, and b) up to two weeks of additional leave if there is public health emergency. (05:55)There is also an unpaid leave dimension to this, as several states have amended existing laws to provide job protected, unpaid leave. Employers need to understand any applicable unpaid leave obligations, as well as paid leave obligations, to be compliant with all employment laws and regulations. (07:55)Best practices: At Unum we have policies that address state-level paid leave laws where employees work. We have supplemented that with a COVID-19 specific policy that incorporates all the different jurisdictions and states that have specific COVID-19 requirements for leave. (09:57) Laws change almost weekly. One of your best resources are state and city webpages, as these are always up to date. Consult with your own legal counsel also to make sure you are capturing all the obligations and remain in compliance with all applicable laws. (11:13)Daris Freeman Assistant Vice President, Legal Counsel, Unum's Employment Law Group As Assistant Vice President, Legal Counsel for Unum, Daris's primary responsibility is to support Unum's Absence Management Center which administers FMLA, paid leave, ADA and over 200 complementary state laws. Daris partners with the operation and their clients to develop compliant solutions for their unique absence management challenges.  Ellen McCannAssistant Vice President, Legal Counsel, Unum's Employment Law Group Ellen McCann is an acclaimed national speaker on leave management issues, including the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). She is also a certified trainer for the Society for Human Resources Management (SHRM) and continuing education (CE) credit. More resources:Ep. 16: Best practices in COVID-19 return-to-work planningMelissa K. Peters, Special Counsel at Littler Mendelson, shares key insights from Littler's COVID-19 Return-to-Work Survey of 1,000 U.S. employers with best practices and key strategies to help employers build and implement a return-to-work plan.Read nowWebinar: Leave management in a post-pandemic worldAs employers update or expand their leave benefits for the new future formed by the coronavirus pandemic, what key best practices should they keep in mind?Watch now

We are joined by Littler Mendelson’s Jeff Nowak on This Week in Legal Blogging. He sits down with Bob Ambrogi to talk about the importance of having a niche and what kind of blogging routine works best for him.

A New York federal court recently struck down parts of the U.S. Department of Labor's (DOL's) rule interpreting employee paid sick and extended FMLA leave components of the Families First Coronavirus Response Act (FFCRA). Two national employment law experts, Jeff Nowak and Ellen McCann, discuss the court's decision and its implications for the future of FFCRA leave – and employers. Key takeawaysOn April 1, 2020, when the scope of the pandemic first became apparent, Congress passed the FFCRA. DOL quickly issued regulations for implementing this new federal statute. [1:23]The State of New York filed suit against DOL, claiming the agency's regulations 1) unlawfully denied FFCRA leave to otherwise eligible employees and 2) exceeded the DOL's authority. As a result of the proceedings, the New York federal court invalidated several DOL regulations interpreting the new federal law.The requirement that employees be scheduled to work in order to take a leave of absence. [2:52]The part of the intermittent leave provision requiring the employer's permission when an employee is caring for a child due to public health concerns, such as COVID-19-related closures of schools or unavailable childcare. [7:30]DOL's expansive definition of healthcare provider and leave entitlement exemptions. [9:44]The timing of when employees must submit leave documentation to their employers. [15:20]The scope of the court's decisions remains uncertain, but one thing remains clear: DOL must address the court's decision. That means employers should continue to monitor the situation and look for DOL updates. [17:07]Employers can also reduce compliance risks by examining their leave exemptions, application of intermittent leave, stances on work availability, and current leave administration and documentation. [18:39]Jeff Nowak, Shareholder, Littler Mendelson Jeff Nowak is a shareholder for Littler Mendelson, P.C., the world's largest employment practice representing employers. He is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues. Ellen McCann Assistant Vice President, Legal Counsel at Unum's Employment Law Group Ellen McCann is an acclaimed national speaker on leave management issues including FMLA and ADA. More resources: Ep. 12: Practical advice for return-to-work safetyListen nowWebinar: A roadmap for navigating COVID-19 leave lawsWatch nowEp. 16: Best practices in COVID-19 return-to-work planning.  Ep 16 link: https://www.unum.com/employers/resources/hr-trends/episode-16-return-to-work-best-practices

Employers are increasingly being faced with difficult issues with respect to COVID-19, including challenging labor and employment issues. Various federal and state statutes present compliance issues for employers, particularly given the recent enactment of the First Families Act and the CARES Act at the federal level. Existing federal statutes such as the National Labor Relations Act and Title VII of the Civil Rights Act also present labor and employment law challenges for employers. This three-part teleforum series will review federal and state labor and employment issues and options for employers to consider. Federalist Society Labor and Employment Executive Committee members, Tammy McCutchen and G. Roger King will be the speakers for this teleforum series. Ms. McCutchen is a Shareholder with the Littler Mendelson law firm and former head of the U.S. Department of Labor Wage and Hour Division. Mr. King is Senior Labor and Employment Counsel for the HR Policy Association and previously a Partner at the Jones Day law firm.Featuring:-- G. Roger King, Senior Labor and Employment Counsel, HR Policy Association-- Tammy D. McCutchen, Principal, Littler Mendelson PC

Employers are increasingly being faced with difficult issues with respect to COVID-19, including challenging labor and employment issues. Various federal and state statutes present compliance issues for employers, particularly given the recent enactment of the First Families Act and the CARES Act at the federal level. Existing federal statutes such as the National Labor Relations Act and Title VII of the Civil Rights Act also present labor and employment law challenges for employers. This three-part teleforum series will review federal and state labor and employment issues and options for employers to consider. Federalist Society Labor and Employment Executive Committee members, Tammy McCutchen and G. Roger King will be the speakers for this teleforum series. Ms. McCutchen is a Shareholder with the Littler Mendelson law firm and former head of the U.S. Department of Labor Wage and Hour Division. Mr. King is Senior Labor and Employment Counsel for the HR Policy Association and previously a Partner at the Jones Day law firm.Featuring:-- G. Roger King, Senior Labor and Employment Counsel, HR Policy Association-- Tammy D. McCutchen, Principal, Littler Mendelson PC

This week’s episode brings you Natalie Pierce - from being a first-generation college student to a Partner at a top Law firm at Littler Mendelson, Natalie talks about the importance of seeking mentors, being a female in law, and the future of work with the adoption of new transformation technologies, including AI and automation.

This episode is about the impact of employment laws on the NBA's decisions about older head coaches if (and when) the league resumes play in Orlando. There has been some discussion over the last few weeks about the NBA possibly banning coaches like Mike D'Antonio and Gregg Popovich from the bench, based on the way COVID-19 has impacted older populations. Mike discusses the two main employment laws the NBA needs to think about: the ADEA (age discrimination), and the ADA (disability discrimination).  The guest for this episode is Philip Berkowitz, a Shareholder at Littler Mendelson, a national employment defense firm.  (3:20) Berkowitz explains why the NBA can look back to an international battery company for guidance (4:39) What would Berkowitz do if he was the NBA's General Counsel? (5:30) Is it a good idea for the NBA to make older head coaches wear masks? (6:33) Mike explains why recent EEOC guidance makes it extremely difficult for the NBA to exclude any individual employee. (9:35) Why shouldn't the NBA just make every worker sign a waiver? The Mike Meltser Podcast is brought to you by Alamo Remedy CBD.  Website: http://www.alamoremedy.com/ Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

Episode 16 (June 16, 2020)Best practices in COVID-19 return-to-work planningMelissa K. Peters, Special Counsel at Littler Mendelson, shares key insights into the law firm's recent COVID-19 Return-to-Work Survey of 1,000 employers across the U.S. She discusses best practices and key strategies for employers to keep in mind as they build and implement a return-to-work plan.  Top takeawaysThe CDC has been the default guidance throughout this time, but businesses should also carefully follow and adhere to any regulations or orders from the state, county or city where they are located. [01:55]Employers have a key concern around leave of absence entitlements. Summer brings childcare issues and this will likely impact employees who need to return. [03:41]The “general duty” clause is the primary OSHA regulation employers are following. OSHA requires employers to provide a safe and healthy environment and to protect against a “serious hazard” — i.e., exposure to COVID-19. [05:25]Employers can keep rigorous notes on all the measures they are taking to keep employees safe — keeping contact tracing logs, cleaning logs, and so on. They can also consider implementing a daily walkaround. High-hazard industries do “site walks,” which can be as simple as walking around the office or facility to make sure all the social distancing measures are being put in place, with an eye on potential lawsuits or liabilities. [07:17]Learn more about the Littler Mendelson survey report here. Featured speaker:Melissa K. Peters Special Counsel at Littler Mendelson With an in-depth understanding of the regulations that apply to safety and health in the workplace, Melissa K. Peters assists employers in complying with these requirements and provides counsel surrounding workplace incidents. Her primary focus is on California Occupational Safety and Health Administration (OSHA) matters. Previously, while at Cal/OSHA, she regularly advised on enforcement and investigation-related matters and represented the Division in administrative appeals and third-party litigation arising from workplace fatalities. She worked closely with Cal/OSHA's High Hazard, Research and Standards, Labor Enforcement Task Force, and Elevator units, and handled numerous cases involving workplace violence, heat illness and bloodborne pathogens.

Jeff Nowak is one of the leading employment attorneys in the United States and the author of the highly regarded FMLA Insights blog. He joins Unum's Ellen McCann to walk employers through key considerations for maximizing health and safety when building a return-to-work strategy. We discuss everything from creating a health assessment, to flexibility, masks, and the importance of building a robust communication plan. Key takeawaysHealth assessments are a non-invasive way of having a conversation with your employees about their ability to return to work. You can ask about symptoms, positive tests, their proximity to or whether they are caring for someone with symptoms or a diagnosis. You can also ask about recent travel. [01:42]You have many important decisions to make: Are you going to do assessments before employees come back to work, or before they set foot on the property? How will you administer tests? How can you do this in a way that most protects your employees' privacy? [04:00]You should expect some apprehension from your employees. Remember, this event is the first of its kind in a lifetime. Accept that fact — and engage in discussions with your employees. Let employees know what you've done to ensure a safe environment and share this in your communication plan. [06:12]Even though people are going back to work, social distancing is still required. Very few workplaces are going back at 100% capacity. This means employers may be able to be more flexible in offering remote work options than in past. [09:16]From a practical and legal standpoint, it's important to follow state or local requirements when it comes to face coverings or masks. For employees who can't wear masks, engage in a discussion of what you could do to help them perform their job. [11:21]Prepare a robust return-to-work communication plan. Focus on the physical spacing of the workplace and what's required of the employee in terms of masks, hand washing, social distancing, and so on. [13:52]Check out Jeff Nowak's blog, FMLA Insights,for more great guidance.   Jeff Nowak, Shareholder, Littler Mendelson Jeff Nowak is a shareholder for Littler Mendelson, P.C., the world's largest employment practice representing employers. He is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues. He is also the author of the highly regarded FMLA Insights blog, which has earned him entry into the ABA Journal's Blogger Hall of Fame. Nowak is a highly sought-after speaker on FMLA/ADA issues, most notably serving on the faculty of the National Employment Law Institute (NELI) and a frequent speaker for the Disability Management Employer Coalition (DMEC). More resources: Ep. 11: State and municipal legal considerations for COVID-19 return-to-workListen nowEp. 10: The ADA, COVID-19 and return-to-work planningListen nowGet in touch: hrtrends@unum.com(207) 200-6685

Legal experts Ellen McCann and Daris Freeman break down state and municipal considerations when planning return-to-work amid the COVID-19 crisis. Many states are in the process of opening up for non-essential work and have issued some strict guidelines around how employers should go about bringing employees back. Certain cities and counties also have their own requirements. Be sure to do your homework – and check out the resources we link to below.  Key takeawaysMake sure you're up to date with all the government mandates or requirements. States have various laws that will govern how you bring employees back. And don't stop just to look at the state; certain cities and counties have their own requirements. [01:38]Keep other considerations in mind. For example, the Warn Act requires employers to give certain notices to employees who are going to be laid off. There are state versions, as well. These laws have been changed in the face of COVID-19. [03:18]Look at changes in the Workers Comp arena for essential businesses. [04:28]What are the wage and hour requirements that will apply to you as you bring employees back? Are you obligated under state law to pay for personal protective equipment? Are you obligated to pay employees to do health screenings at home or when they get to your worksite? Know the wage and hour implications. [04:59]Several states and individual jurisdictions have passed leave laws specific to COVID-19. Many are in response to what happened at a federal level — for example, San Francisco, Los Angeles, and San Jose passed laws related to larger employers not subject to the new federal law. Some are specific to certain industries. [06:31]Many of the states that have existing paid sick laws have issued guidance or amended existing laws — for unpaid leave as well as paid sick leave. That guidance provides additional leave that was not provided before. Employers need to look into these laws and know how they can be applied. [08:02]Unum has state leave law updates on our website. Law firms are also putting up free summaries. Ellen McCann references the resources that the law firm Littler Mendelson has created for employers, viewable here. [09:41] Daris FreemanAssistant Vice President, Legal Counsel, Unum As Assistant Vice President, Legal Counsel for Unum, Ms. Freeman's primary responsibility is to support Unum's Absence Management Center, which administers FMLA, paid leave, ADA and over 200 complementary state laws. Ms. Freeman partners with the operation and their clients to develop compliant solutions for their unique absence management challenges. Most recently, Ms. Freeman's time has been dedicated to the paid leave landscape, implementing solutions for customers and working with state agencies on development of their programs. More resources: State Leave Laws UpdatesRead more Ep. 8: How does COVID-19 impact the ADA?Listen now

On this episode of Compliance Talk, Michelle and her featured guest Jeff Nowak from Littler Mendelson pickup from last week’s discussion on relevant employee benefit issues, including the latest developments lead up to the show’s broadcast on April 9, 2020.

In Part 2 of her interview with lawyers from Littler Mendelson Law Firm, Felicia Harris, CEO of EverythingHR and EverythingHR Financial Services asks about  employment law updates for 2020. They will discuss a range of legal issues, including updates to the Michigan Paid Medical Leave Act, Recreational Marijuana and Employment Law, Michigan's Garnishment Law, and sexual harassment investigations in the #MeToo era.  Littler Mendelson Law Firm is the largest employer-side employment law firm in the world with 1400 attorneys; it is exclusively an employer management defense firm. This episode was pre-recorded.  Questions are still welcome - EMAIL Support@EverythingHRFS.net www.everythinghr.net https://www.littler.com/

Felicia Harris, CEO of EverythingHR and EverythingHR Financial Services, interviews a team of lawyers from Littler Mendelson Law Firm regarding employment law updates for 2020. They will discuss a range of legal issues, including updates to the Michigan Paid Medical Leave Act, Recreational Marijuana and Employment Law, Michigan Garnishment Law overview, and sexual harassment investigations in the #MeToo era.  Littler Mendelson Law Firm is the largest employer-side employment law firm in the world with 1400 attorneys; it is exclusively an employer management defense firm. This episode will be broadcast live. Questions are welcome -  CALL (929) 477-1199 or EMAIL Support@EverythingHRFS.net www.everythinghr.net https://www.littler.com/  

Let the robots do the boring work! Repetitive tasks don’t have to be a source of drudgery in the daily practice of law. Co-hosts Dan Linna and Ralph Baxter talk with Legalweek 2020 panelists Cynthia Brown, Michelle Dewey, and Jennifer Mendez about the benefits of adopting automated bot technology in law firms. They give real-life examples of robotic process automation at work in law firms and offer guidance for those interested in undertaking the creation of a bot. Cynthia Brown is director of research services for Littler Mendelson. Michelle Dewey is legal research services manager at Baker & Hostetler LLP. Jennifer Mendez is director of knowledge management firm solutions at Ogletree Deakins.

Let the robots do the boring work! Repetitive tasks don’t have to be a source of drudgery in the daily practice of law. Co-hosts Dan Linna and Ralph Baxter talk with Legalweek 2020 panelists Cynthia Brown, Michelle Dewey, and Jennifer Mendez about the benefits of adopting automated bot technology in law firms. They give real-life examples of robotic process automation at work in law firms and offer guidance for those interested in undertaking the creation of a bot. Cynthia Brown is director of research services for Littler Mendelson. Michelle Dewey is legal research services manager at Baker & Hostetler LLP. Jennifer Mendez is director of knowledge management firm solutions at Ogletree Deakins.

Jody Travis Thompson, a multidisciplinary artist, and Eva Madison, a lawyer with Littler Mendelson, help provide a greater understanding of the barriers that exist within the Northwest Arkansas’ LGBTQ+ community in this diversity in the visual arts podcast. Gain a greater understanding of the region’s LGBTQ+ population, as well as how art can help create conversation toward change by joining us for this discussion.

Office housework might make an office run more efficiently, but it can hold back an employee’s career and lead to expensive lawsuits for employers. Dori Goldstein, employment law Legal Analyst, and Cindy-Ann Thomas, principal at Littler Mendelson, explain the problems with tasks like planning the office holiday party or scheduling a meeting, and why so many of those tasks fall to women. They discuss the changing legal risks surrounding office housework, and explain how to prevent it from sparking lawsuits and eroding retention.  Co-hosts Dori Goldstein and Meg McEvoy also share the results of an office experiment. In an effort to delegate office housework more fairly, three men were tasked with planning an office baby shower. Hear from the guests, the guest of honor, and one of the party planners.  Listen and subscribe to Law X.0 from your mobile device:  Via Apple Podcasts | Via Stitcher | Via Overcast | Via Spotify  Hosts: Dori Goldstein and Meg McEvoy  Guests: Cindy-Ann Thomas, Principal, EEO and Diversity Practice Group, Littler Mendelson Producer: RJ Jewell

At the California Lawyers Association’s 2019 Annual Meeting, On The Road host Laurence Colletti takes a deep dive into California employment law legislative updates with guests Adam Fiss and Ramit Mizrahi. They focus most of their discussion on how legislative bill AB 5 (which will reclassify hundreds of thousands of independent contractors as employees) will affect the state’s employers and workers. Adam and Ramit also give a small overview of bills SB 142, AB 9, and AB 51 and tell listeners about the Labor & Employment Law Section’s upcoming programs. Adam J. Fiss is a partner and shareholder at Littler Mendelson, PC. Ramit Mizrahi is the founder of Mizrahi Law, APC, a firm which represents employees exclusively.

Host Phil Rosenthal talks to Laura Chance, Cynthia Brown, and Nina Jack about how the unique challenges in law libraries push librarians to develop their own solutions. As experts in research and organization, librarians are well-poised to become innovators. Together, this panel discusses the ways librarians use data, tech tools, and vendor partnerships to bring renewed vitality to their profession and better library services to lawyers.  Laura Chance is Morgan, Lewis & Bockius LLP’s project manager for research & library technology. Cynthia Brown is director of research services for Littler Mendelson. Nina Jack is the director of product at Fastcase.  Special thanks to Fastcase for sponsoring this episode.

Artificial Intelligence (AI) is playing an increasingly significant role in recruiting and hiring, cybersecurity, payroll and other employment areas. This podcast takes an in-depth look at AI issues with Garry Mathiason, who spearheaded a first-of-its-kind practice area in forming the Robotics Practice Group at Littler Mendelson.  

Welcome to Evolving KM, a podcast series where we discuss how Knowledge Management is progressing and the impact that's having on KM professionals. In each episode, we interview people who have either worked in or on the periphery of Knowledge Management We get their perspective on how this profession is evolving to meet the shifting demands of legal service delivery.  Our guest today is Jason Dirkx, KM Counsel at Littler Mendelson. In his role at Littler, Jason contributes to the design and development of Littler's Service Solutions, including Compliance HR and Littler LaborSmart, which automate aspects of legal services. Jason has prior experience as a software engineer and, in developing legal products, has found a way to combine his engineering and legal expertise. Jason has also been an ILTA volunteer for several years, currently as a member of the Program Planning Council and previously as a member of the ILTACON conference committee.  Jason and Amy co-authored an article in an upcoming Peer-to-Peer Magazine, titled “Lawyering in Your Sleep -- An Approach to Legal Product Development.” The article addresses issues to consider in productizing legal services, which forms the basis for our conversation. We discuss how to “do less law” to quote Ron Friedmann, including what is driving legal product development, buy-in, planning for sustainment and support and the skill sets that will be needed for these projects. In their article and our podcast, Jason and Amy note their article touches on key issues at a high level. They invite you to continue the conversation through ILTA communities and programming! Hosts: Gwyn McAlpine oversees the knowledge management program at Perkins Coie LLP, an international law firm with 1,000 lawyers in 19 offices. Gwyn's focus is on creating value for clients by enabling attorneys to practice law more efficiently and collaboratively. In addition to more traditional KM initiatives, KM at Perkins Coie includes library and research services, internal and external collaboration, and AI and expert systems. Gwyn practiced corporate law for 10 years before fully transitioning to knowledge management.     Amy Monaghan is the Practice Innovations Manager within the knowledge management group at Perkins Coie LLP. She works side-by-side with practice groups to further KM initiatives, particularly those involving artificial intelligence systems and other advanced technologies, such as document assembly, logic systems, workflow tools and contract analysis tools. Previously, Amy was in a similar role at Chapman and Cutler LLP.  Speaker:  Jason Dirkx, Knowledge Management Counsel at Littler Mendelson, P.C.

Benjamin Hall, vice president and managing director of JKJ Retirement Services in Newtown, Pa., and Susan Diehl, QPA, CPC, ERPA, president of PenServ Plan Services Inc. in Horsham, Pa., discuss adding value to client relationships in the world of employee benefit plans. Both Hall and Diehl will be joined by Melissa Kurtzman of Littler Mendelson and Jill Gilbert, CPA, of RKL LLP to discuss this topic at greater length at PICPA’s 2019 Employee Benefit Plans Conference on May 21 in Malvern. For full transcript click here.

This podcast examines the dizzying array of new employment laws that have been signed recently affecting California employers with Bruce Sarchet, a shareholder with Littler Mendelson's Sacramento office. The highlights discussed included a: First-of-its-kind law requiring Golden State-based corporations to have at least one woman on their board of directors; Significant expansion of California's sexual harassment prevention law; Ban on most confidentiality clauses in sexual harassment settlement agreements; New law limiting an employer's ability to use non-disparagement clauses; and Breastfeeding breaks expansion of employee rights.

On May 25, 2018, the European Union's new General Data Privacy Regulation (GDPR) takes effect, bringing about the most significant change to European data security in more than 20 years. For the first time, data breach notifications will be mandatory for employers in all 28 EU member states. And that's not all. On this podcast, Littler Mendelson employment attorney Philip Gordon, who co-chairs the firm's Privacy and Background Checks Practice Group, examines what the GDPR means for US businesses. Gordon cautioned, "Anyone who markets products over the web will have reason for concern and will have to look at their website privacy policy."

While the Family and Medical Leave Act (FMLA) is celebrating its 25th anniversary this year, serious federal action regarding paid leave remains elusive. However, a growing number of states and municipalities are going beyond the FMLA to take matters into their own hands. On this podcast, Littler Mendelson employment attorney Casey Kurtz, who co-chairs the firm's Leaves of Absence and Disability Accommodation Practice Group, examines the growing trend of paid leave laws along with the key questions he receives regarding employee leave generally.

California has long been at or near the front of employment law trends, and that certainly holds true this year. New compliance requirements involving job interviews, the minimum wage and parental leave already have taken effect in the Golden State, and more could be on the way. This podcast features an in-depth look at all of these new laws affecting the workplace with Littler Mendelson employment attorney Bruce Sarchet, of the firm's Sacramento office. Sarchet is a member of Littler's Workplace Policy Institute, where he focuses on California legislative changes.

Many lawyers may not know they need a new product, but their support staff is always on the lookout for technology that will keep the firm running at its best. Laurence Colletti hosts this On The Road report with a panel of law librarians about their presentation about getting lawyers to use new tools. They discuss how they select products through research, testing, promotion, and review. Through demonstrations of use and data, they are able to show lawyers what tools will help them get the best results for their clients. June Liebert is the firmwide director of library and research services at Sidley Austin LLP. Jean P. O’Grady is currently senior director of information, research & knowledge at DLA Piper US, LLP. Cheryl Smith is director of information services at O’Melveny & Myers LLP. Cynthia Brown is director of research services for Littler Mendelson.

In this day and age, virtually every service provider has adopted some form of technology to assist clients and customers. Why should the delivery of legal services be any different? Scott Rechtschaffen, Chief Knowledge Officer at Littler Mendelson, and Kevin Mulcahy, Vice President of Education and Community Programs at Neota Logic, recently served as adjunct professors at Cornell Law School to teach students how law firms and tech companies are bridging the law-technology gap. The course, taught at Cornell Tech in New York City, culminated in a contest where students were able to showcase innovative ways to provide legal assistance through new platforms and applications. In this podcast, Scott, Kevin, and students reflect on the course and the evolution of legal services.

Meet Dana and Angelo, a duo inspired by fashion and law. Dana is CEO and Founder of Fab'rik and Free Fab'rik while Angelo is a Shareholder at Littler Mendelson. Learn with us as we hear how these two make things work between busy travel schedules, multiple kids, and running a successful fashion brand. Description: Meet Dana and Angelo Spinola, a duo inspired by fashion and law. Dana is CEO and Founder of Fab'rik and Free Fab'rik while Angelo is a Shareholder at Littler Mendelson. Learn with us as we hear how these two make things work between busy travel schedules, multiple kids, and running a successful fashion brand. Oh...and 4 kids, 12 chickens, 2 dogs...and maybe a goat. Welcome to the Love or Work Podcast, hosted by André Shinabarger (Physician Assistant, Grady Hospital) and Jeff Shinabarger (Social Entrepreneur and Founder of Plywood People). They are asking the question: Is it possible to change the world, stay in love and raise a healthy family? 100 interviews where Jeff and André learn from other working families in the journey of marriage, purpose and parenting. Website: www.loveorwork.com Instagram: www.instagram.com/loveorwork Follow and comment on instagram for a chance to win a $100 Gift Card to Fabrik. Follow Fabrik: www.fabrikstyle.com www.instagram.com/fabrik Love or Work is a project of Plywood People. Plywood is a non-profit in Atlanta leading a community of start-ups doing good. www.plywoodpeople.com

On April 2, 2018, the Supreme Court decided Encino Motorcars v. Navarro, a case on its second trip to the high court regarding a dispute over the interpretation of the Fair Labor Standard Act’s overtime-pay requirements and whether it exempts service advisors at car dealerships.Congress enacted the Fair Labor Standards Act (FLSA) in 1938 to “protect all covered workers from substandard wages and oppressive working hours,” and it requires overtime pay for employees covered under the Act who work more than 40 hours in a given week. The FLSA exempts from this requirement, however, “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers….” Hector Navarro and other service advisors filed suit against their employer Encino Motorcars, alleging that it violated the FLSA by failing to pay them overtime wages. Encino countered that as service advisors, Navarro and the other plaintiffs fell within the FLSA exemption. The district court ruled in favor of Encino, but the U.S. Court of Appeals for the Ninth Circuit reversed, relying upon a 2011 regulation issued by the Department of Labor (DOL) and indicating that service advisors were not covered by the exemption. The Supreme Court, however, thereafter vacated the judgment of the Ninth Circuit, determining that the regulation at issue was procedurally defective and remanded the case for the Ninth Circuit to reconsider without “placing controlling weight” on the DOL regulation. On remand, the Ninth Circuit, using the distributive canon of statutory interpretation, held that the FLSA exemption did not encompass service advisors. The Supreme Court again granted certiorari.By a vote of 5-4, the Supreme Court reversed the judgment of the Ninth Circuit and remanded the case. In an opinion delivered by Justice Thomas, the Court held that “service advisors are exempt from the overtime-pay requirement of the FLSA because they are ‘salesm[e]n...primarily engaged in...servicing automobiles.’ §213(b)(10)(A)." Justice Thomas’ majority opinion was joined by the Chief Justice and Justices Kennedy, Alito, and Gorsuch. Justice Ginsburg filed a dissenting opinion, which was joined by Justices Breyer, Sotomayor, and Kagan. To discuss the case, we have Tammy McCutchen, Principal at Littler Mendelson, PC. As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

On April 2, 2018, the Supreme Court decided Encino Motorcars v. Navarro, a case on its second trip to the high court regarding a dispute over the interpretation of the Fair Labor Standard Act’s overtime-pay requirements and whether it exempts service advisors at car dealerships.Congress enacted the Fair Labor Standards Act (FLSA) in 1938 to “protect all covered workers from substandard wages and oppressive working hours,” and it requires overtime pay for employees covered under the Act who work more than 40 hours in a given week. The FLSA exempts from this requirement, however, “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers….” Hector Navarro and other service advisors filed suit against their employer Encino Motorcars, alleging that it violated the FLSA by failing to pay them overtime wages. Encino countered that as service advisors, Navarro and the other plaintiffs fell within the FLSA exemption. The district court ruled in favor of Encino, but the U.S. Court of Appeals for the Ninth Circuit reversed, relying upon a 2011 regulation issued by the Department of Labor (DOL) and indicating that service advisors were not covered by the exemption. The Supreme Court, however, thereafter vacated the judgment of the Ninth Circuit, determining that the regulation at issue was procedurally defective and remanded the case for the Ninth Circuit to reconsider without “placing controlling weight” on the DOL regulation. On remand, the Ninth Circuit, using the distributive canon of statutory interpretation, held that the FLSA exemption did not encompass service advisors. The Supreme Court again granted certiorari.By a vote of 5-4, the Supreme Court reversed the judgment of the Ninth Circuit and remanded the case. In an opinion delivered by Justice Thomas, the Court held that “service advisors are exempt from the overtime-pay requirement of the FLSA because they are ‘salesm[e]n...primarily engaged in...servicing automobiles.’ §213(b)(10)(A)." Justice Thomas’ majority opinion was joined by the Chief Justice and Justices Kennedy, Alito, and Gorsuch. Justice Ginsburg filed a dissenting opinion, which was joined by Justices Breyer, Sotomayor, and Kagan. To discuss the case, we have Tammy McCutchen, Principal at Littler Mendelson, PC. As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

On January 17, 2018, the Supreme Court heard oral argument in Encino Motorcars v. Navarro, a case on its second trip to the high court regarding a dispute over the application of the Fair Labor Standard Act’s overtime-pay requirements for service advisors at car dealerships.Congress enacted the Fair Labor Standards Act (FLSA) in 1938 to “protect all covered workers from substandard wages and oppressive working hours,” and it requires overtime pay for employees covered under the Act who work more than 40 hours in a given week. The FLSA exempts from this requirement, however, “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers….” Hector Navarro and other service advisors filed suit against their employer Encino Motorcars, alleging that it violated the FLSA by failing to pay them overtime wages. Encino countered that as service advisors, Navarro and the other plaintiffs fell within the FLSA exemption. The district court ruled in favor of Encino, but the U.S. Court of Appeals for the Ninth Circuit reversed, relying upon a 2011 regulation issued by the Department of Labor (DOL) and indicating that service advisors were not covered by the exemption. The Supreme Court, however, thereafter vacated the judgment of the Ninth Circuit. Determining that the regulation at issue was procedurally defective, the Court remanded the case for the Ninth Circuit to construe the FLSA exemption without “placing controlling weight” on the DOL regulation.On remand, the Ninth Circuit, assuming without deciding that the DOL regulation was entitled to no weight, held that the FLSA exemption, on its own terms, did not encompass service advisors. As a result, the court indicated, plaintiffs could proceed against Encino on their claims for overtime. Encino petitioned for certiorari, however, and the Supreme Court agreed to take up the case a second time to consider again whether service advisors at car dealerships are exempt from the Fair Labor Standards Act's overtime-pay requirements. To discuss the case, we have Tammy McCutchen, Principal at Littler Mendelson, PC. This podcast is cosponsored with the Labor & Employment Law Practice Group.

On January 17, 2018, the Supreme Court heard oral argument in Encino Motorcars v. Navarro, a case on its second trip to the high court regarding a dispute over the application of the Fair Labor Standard Act’s overtime-pay requirements for service advisors at car dealerships.Congress enacted the Fair Labor Standards Act (FLSA) in 1938 to “protect all covered workers from substandard wages and oppressive working hours,” and it requires overtime pay for employees covered under the Act who work more than 40 hours in a given week. The FLSA exempts from this requirement, however, “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers….” Hector Navarro and other service advisors filed suit against their employer Encino Motorcars, alleging that it violated the FLSA by failing to pay them overtime wages. Encino countered that as service advisors, Navarro and the other plaintiffs fell within the FLSA exemption. The district court ruled in favor of Encino, but the U.S. Court of Appeals for the Ninth Circuit reversed, relying upon a 2011 regulation issued by the Department of Labor (DOL) and indicating that service advisors were not covered by the exemption. The Supreme Court, however, thereafter vacated the judgment of the Ninth Circuit. Determining that the regulation at issue was procedurally defective, the Court remanded the case for the Ninth Circuit to construe the FLSA exemption without “placing controlling weight” on the DOL regulation.On remand, the Ninth Circuit, assuming without deciding that the DOL regulation was entitled to no weight, held that the FLSA exemption, on its own terms, did not encompass service advisors. As a result, the court indicated, plaintiffs could proceed against Encino on their claims for overtime. Encino petitioned for certiorari, however, and the Supreme Court agreed to take up the case a second time to consider again whether service advisors at car dealerships are exempt from the Fair Labor Standards Act's overtime-pay requirements. To discuss the case, we have Tammy McCutchen, Principal at Littler Mendelson, PC. This podcast is cosponsored with the Labor & Employment Law Practice Group.

Employers across the country are anxiously awaiting a ruling from the United States Supreme Court regarding the enforceability of express waivers of an employee’s right to bring or participate in a class or collective action. In three cases set for oral argument on October 2nd – Epic Systems v. Lewis; Ernst & Young, LLP, et al. v. Morris, et al.; and NLRB v. Murphy Oil USA, Inc., et al. – the Supreme Court will decide whether Class Action Waivers contained within arbitration agreements governed by the Federal Arbitration Act (“FAA”) are enforceable against employees covered by the National Labor Relations Act (“NLRA”). These two federal statutes have been on a collision course for some time: the FAA mandates enforcement of arbitration agreements according to their terms, including terms that specify with whom parties choose to arbitrate their disputes, and the NLRA protects non-supervisory employees’ rights to engage in certain concerted activities.The National Labor Relations Board (“NLRB”) has taken the position that class action waivers, even when contained within FAA-governed arbitration agreements, are unenforceable because they violate employees’ rights to engage in protected, concerted activity under the NLRA. Two of the lower court decisions, the Seventh Circuit’s Lewis v. Epic Systems, 823 F. 3d 1147 (7th Cir. 2016), and the Ninth Circuit’s Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir. 2016), have adopted the NLRB’s position. In the third case, Murphy Oil USA, Inc. v. NLRB, 808 F.3d 1013 (5th Cir. 2015), the Fifth Circuit rejected the NLRB’s position and held that arbitration agreements, including class action waivers, must be enforced according to their terms under the FAA, notwithstanding the NLRB’s interpretation of the NLRA.On October 2nd, Edward Berbarie of Littler Mendelson attended the Supreme Court Oral Argument and provided his commentary and insights, including the issues that were focused upon, the questions that were asked and how they were addressed by the parties, and his predictions as to how the Court will rule. Featuring:Edward F. Berbarie, Shareholder, Littler Mendelson P.C.

Employers across the country are anxiously awaiting a ruling from the United States Supreme Court regarding the enforceability of express waivers of an employee’s right to bring or participate in a class or collective action. In three cases set for oral argument on October 2nd – Epic Systems v. Lewis; Ernst & Young, LLP, et al. v. Morris, et al.; and NLRB v. Murphy Oil USA, Inc., et al. – the Supreme Court will decide whether Class Action Waivers contained within arbitration agreements governed by the Federal Arbitration Act (“FAA”) are enforceable against employees covered by the National Labor Relations Act (“NLRA”). These two federal statutes have been on a collision course for some time: the FAA mandates enforcement of arbitration agreements according to their terms, including terms that specify with whom parties choose to arbitrate their disputes, and the NLRA protects non-supervisory employees’ rights to engage in certain concerted activities.The National Labor Relations Board (“NLRB”) has taken the position that class action waivers, even when contained within FAA-governed arbitration agreements, are unenforceable because they violate employees’ rights to engage in protected, concerted activity under the NLRA. Two of the lower court decisions, the Seventh Circuit’s Lewis v. Epic Systems, 823 F. 3d 1147 (7th Cir. 2016), and the Ninth Circuit’s Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir. 2016), have adopted the NLRB’s position. In the third case, Murphy Oil USA, Inc. v. NLRB, 808 F.3d 1013 (5th Cir. 2015), the Fifth Circuit rejected the NLRB’s position and held that arbitration agreements, including class action waivers, must be enforced according to their terms under the FAA, notwithstanding the NLRB’s interpretation of the NLRA.On October 2nd, Edward Berbarie of Littler Mendelson attended the Supreme Court Oral Argument and provided his commentary and insights, including the issues that were focused upon, the questions that were asked and how they were addressed by the parties, and his predictions as to how the Court will rule. Featuring:Edward F. Berbarie, Shareholder, Littler Mendelson P.C.

On Thursday, August 31, Judge Mazzant of the Eastern District of Texas invalidated the Department of Labor’s Overtime Rule, which would have increased the minimum salary level for overtime-exempt employees from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). Maury Baskin and Tammy McCutchen of Littler Mendelson joined us to discuss the decision and its significance. -- Featuring: Maury Baskin, Shareholder, Littler Mendelson, PC and Tammy D. McCutchen, Shareholder, Littler Mendelson, PC.

On Wednesday, the Department of Labor published a Request for Information seeking comments from the public on the Obama Administration’s 2016 changes to the overtime exemption regulations which would have required payment of overtime to any employee earning less than $913 per week ($47,476 annualized). That regulation was enjoined by the Eastern District of Texas just days before it was to go into effect. Tammy McCutchen, who was Wage and Hour Division Administrator in 2004 when DOL last changed the rules and is a member of the legal team challenging the 2016 regulations, will discuss the RFI, the litigation and the interplay between them. -- Featuring: Tammy D. McCutchen , Shareholder, Littler Mendelson, PC.

Zev Eigen, Littler Mendelson's Global Director of Data Analytics, has an unusual background in that he is both an employment attorney and also a data scientist.  As such, he's in a unique position to talk about some of the opportunities and the risks posed by some of the cutting edge data science techniques that are increasingly being applied to the workforce.  He joins us on the podcast along with hiQ's very own Head of People Analytics - Ryan Hammond - to have a fun discussion about cognitive biases, the best way to present technical work to lay people, and even some of the work that his new venture - Cherry Tree - is doing to de-stigmatize those with criminal backgrounds and help get them back into the workforce.  Learn about how big data can be a force for good.

For episode #1, I interviewed Lee Schreter, the Chairperson of Littler Mendelson. We discussed the following topics: Diversity and inclusion Littler's Protege Program The firm's strategic initiatives A key aspiring law firm leader trait Her go-to metric as a big law firm manager What she reads, drinks, her heroes and what's on her bucket list.  _______________________________________________ Give Feedback Please share your feedback for the show, who I should interview, and the topics that interest you right now.  _______________________________________________ Links referred to in this episode: Lee Schreter's Web Bio Littler on Diversity & Inclusion Littler win's Minority Corporate Counsel Associate award for their Protege Program Out & Equal Out Leadership The LGBT Bar Association Leonardo and the Last Supper by Ross King Representative John Lewis Harvey Milk Johnnie Walker Black Scotch Kai Ryssdal of Marketplace.org

I had the absolute privilge of speaking with Ms. Theodora Lee of Theopolis Vineyards, also known as Theopatra, Queen of the Vineyards. I learned that Theo is a successful partner and trial lawyer at Littler Mendelson where she defends employers in complex wage and hour class actions, discrimination class action lawsuits and general employment litigation. When I asked Theo why she pursed the wine industry, she responded "well, I guess I wasn't satisfied just practicing law full time and I had to go out and do something more interesting, so I pursued my passion. WINE!" www.UncorkedMonthly.com

Title III of the Americans with Disabilities Act (ADA) requires employers in a wide range of industries to ensure public accommodations, i.e. make their sites, goods and services accessible to individuals with disabilities. This impacts employers in numerous ways that have previously remained off the radar of ADA compliance but are now taking on greater focus, particularly regarding service animal access obligations and website accessibility. In this podcast, two Littler Mendelson shareholders, Peter Petesch, Esq. and Gavin Appleby, Esq., bring their subject matter expertise to bear on this fast growing area of liability exposure. Peter and Gavin discuss the challenges and responsibilities presented by the laws and regulations that have emerged – or have yet to emerge – in the area governing provision of accessibility to individuals with disabilities.

Navigating workplace dress requirements can be challenging for candidates seeking employment in a work environment whose look policy is in conflict with their religious practices. How can new hires avoid these conflicts? What responsibilities do employers have in accommodating these employees? On this Special Report, trial attorney Siri Thanasombat with the United States Equal Employment Opportunity Commission, executive director Zahra Billoo of the Bay Area office of the Council on American-Islamic Relations, and shareholder at Littler Mendelson P.C. Dionysia L. Johnson-Massie sit down with Legal Talk Network producer Laurence Colletti to discuss their ABA Midyear panel on accommodating religious attire in the workplace.   Zahra Billoo is the executive director of the Bay Area office of the Council on American-Islamic Relations. She is also a co-founder of Project Feed and served as a board member of the South Asian Bar Association of Northern California Foundation. Zahra graduated from the University of California, Hastings College of the Law. Sirithon (Siri) Thanasombat is a trial attorney with the United States Equal Employment Opportunity Commission based in San Francisco. She received a degree in Sociology from U.C. Berkeley and her Master’s Degree from Princeton University. Siri received her law degree from New York University. Dionysia L. Johnson-Massie is a shareholder at Littler Mendelson and was named by Savoy Magazine as one of the most influential black lawyers of 2015. She received a degree in Psychology from Yale University and a law degree from the University of Virginia School of Law.

Join us today for Women Lead Radio as Michelle Bergquist, your host of Women Who Lead, interviews Denise Visconti, Office Managing Shareholder at Littler Mendelson, P.C. As of January 1st, 2016, California employers are required to adhere to the Fair Pay Act, SB 358, which prohibits employers from paying employees differently based on gender.  Employers must have a non-sex-based reason, or a reason that is supported by an identifiable business necessity, for any differentials that might exist between the compensation they are paying employees performing “substantially similar work.”   This new law also allows employees to discuss their salary and wages and ask questions of their employer relating to compensation without fear of retribution.  Under the Fair Pay Act, not only is this type of discussion allowed, and therefore enables everyone to determine if they are being paid an equal wage for “substantially similar work,” but such discussions are protected.  Any employee who asks questions about their pay or takes action to rectify an existing wage gap also is protected. Denise specializes in employment and wage and hour litigation. She also regularly counsels employers regarding compliance with federal, state and local laws and regulations that govern the workplace. As the CEO and Co-Founder of Connected Women of Influence, Michelle Bergquist is a passionate advocate for women in business. At Connected Women of Influence, we believe that more women need to lead in business and everything we do is center-focused on designing platforms, programs, connections and collaborative opportunities for b2b women to prosper, succeed and lead the way in business today!

Catherine Merritt founded MUMZY and went about looking at crowd funding. She discusses her experiences. Terry R. Barber (CEO of Performance Inspired£) often relates 21st century corporate America to an ancient battlefield. He brilliantly uses historical warfare, tactics and characters to present lessons for today's leaders and followers who struggle in their job of trying to make their companies and lives relevant. He dissects the modern office into three groups of combatants all who can be directly related and recognized in the corporate world we know today, including the most toxic – the six kinds of office “troublemakers”. Janet Sawyer joins us from across the pond to discuss her book and more. Steve Friedman of Littler Mendelson discusses the ACA and what it means for small business after recent court decisions. Over50JobBoard.com CEO Blake Nations. ³Our site enables employers to sift through a cluttered applicant pool and hire based on wisdom and expertise.²

Judge Shira Scheindlin, an influential voice in e-discovery, recently decided Sekisui Am. Corp. v. Hart which could serve as a new standard when it comes to e-discovery preservation requirements. Overturning Magistrate Judge Frank Maas, Scheindlin leveraged this spoliation case to address potential amendments to The Federal Rules of Civil Procedure regarding preservation, specifically Rule 37(e). On this edition of The ESI Report, Kroll Ontrack's Director of Thought Leadership Michele Lange invites e-discovery experts Adam and Catherine Losey to analyze the case ruling and its possible outcomes for the e-discovery field. • Adam Losey is the president and editor-in-chief of IT-Lex, a non-profit organization dedicated to educational, literary, and scientific advancement in the field of technology law. He has taught e-discovery as part of Columbia's Information and Digital Resource Management Master's Program. Losey is a member of the New York, Florida, and District of Columbia bars. • Catherine Losey is currently a litigation attorney for Akerman law firm. She has a diverse practice in state and federal court that includes litigating commercial disputes, labor and employment matters, family and probate matters, and ERISA cases. In October she will join Littler Mendelson's e-discovery practice group.

The legal profession is a unique environment filled with high expectations, complex concepts and distinctive cultures that can make the learning curve for someone new a bit more like a learning canyon. In order to succeed, it's important to understand the nuances that are ingrained in the business of law. Enter the “Law Firm 101” initiative –– a program that aims to educate and prepare law students/new lawyers and incoming legal IT professionals about the business of law … the business they're in. ILTA held a “virtual roundtable” with three member thought leaders to get their insight into how the main points of this initiative are applicable to our members. Our interview with Marcy McGovern, Knowledge Management Counsel at Littler Mendelson, can be heard in its entirety on the accompanying podcast. Visit the ILTA website to hear each participant's interview.

Management of e-discovery is a challenge for large firms, whose clients present complex litigation with literally millions of electronically stored documents. In today’s competitive environment, firms have been exploring everything from e-discovery practice groups to vendor alliances, in order to attract clients. On Law Technology Now, host and Law Technology News’ editor-in-chief, Monica Bay joins John Rosenthal, partner at Winston & Strawn, and Paul Weiner, national e-discovery counsel and shareholder at Littler Mendelson, to discuss Law Technology News’ February issue cover story, True Grit: Scrapping for E-discovery Business, Law firms Push New Creative Options.

PHILIP L. GORDON is a shareholder in the Denver office of Littler Mendelson, P.C., the largest law firm practicing exclusively labor and employment law. Mr. Gordon chairs the Firm's Privacy and Data Protection Practice Group. He regularly counsels Fortune 500 companies, as well as medium-sized and small businesses, concerning compliance with recently enacted state data protection laws, the HIPAA Privacy and Security Rules and the European data protection laws; security incident response, background checks, workplace monitoring of employee communications, and other privacy and information security issues. In addition, he has substantial experience representing employers in trade secret, wrongful termination, and privacy-related litigation. Mr. Gordon has taught privacy and data security law as an adjunct professor at the University of Colorado School of Law. He is a member of the Editorial Board of the Privacy Officers Advisor, the monthly publication of the International Association of Privacy Professionals. Mr. Gordon lectures and publishes extensively on privacy and data protection issues. He is co-author of the book "HIPAA Privacy For Employers."