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Rethinking Training – Bystander Intervention and Diversity & Inclusion Sessions

Asha Santos, Shareholder in Littler’s Boston office, explains the purpose of bystander intervention training and the value of diversity and inclusion sessions in today's workplace.

Workplace Safety In the Gig Economy: Is Anyone Actually Paying Attention?

The gig economy has created a seismic shift to the traditional workplace model. With new (and oftentimes inexperienced) workers performing dangerous tasks in a “faster is better” manner, workplace safety has the potential to fall through the cracks. While the Occupational Safety and Health Act does not currently provide protection to most individuals working in the gig economy – the OSH Act covers employers/employees, not independent contractors – many employee advocacy groups are calling for more safety protections.

Drug and Alcohol Testing Policy Check-Up – Are You Ready for 2020?

2020 is on the horizon, and employers must be ready to comply with many new developments in the world of workplace drug and alcohol testing. Here is a summary of significant laws that will take effect in 2020 (and some that have already taken effect):

Five Essentials for Successful Adoption and Organizational Deployment of AI-Powered HR Systems

In this podcast, Garry Mathiason, founder and co-chair of Littler's Robotics, Artificial Intelligence, and Automation practice group and Dr. Valerie Morignat, Founder and CEO of Intelligent Story, cover the essentials for successful adoption within an organization of AI-powered HR systems.

Dodd-Frank Whistleblower Claims are Arbitrable, Second Circuit Holds

In a win for employers, the Second Circuit Court of Appeals recently held that whistleblower claims under the Dodd-Frank Act are arbitrable. Daly v. Citigroup Inc., 939 F.3d 415 (2d Cir. 2019). The Second Circuit also held that a plaintiff’s failure to exhaust administrative remedies related to a Sarbanes-Oxley Act claim serves as a jurisdictional bar, warranting dismissal of the claim.

On The Front Lines (No. 12, December 2019)

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re expected to consume and immediately understand all of it. It’s especially difficult to filter through and absorb information that’s relevant for your job as an employer, knowing that you then have to decide whether and how to apply this new material to your day-to-day practices.

Education Update (No. 4, December 2019)

Religious schools should be aware of the ministerial exception, its potential application to certain employment decisions, and the fact that courts across the country may interpret and apply it very differently.

Hospitality Update (No. 4, December 2019)

There’s a lot of confusion and questions about CBD products and what it means for CBD-related industries, especially those in the food and beverage industry. The Agricultural Improvement Act of 2018, also known as the “Farm Bill,” removed industrial hemp and products derived from it, including CBD, from the Schedule I list of drugs under the Controlled Substances Act. Which means industrial hemp is no longer illegal at the federal level. So things should be easy, right?

Resources Legal Alerts Newsletters Articles Blogs Mobile Apps Legal Alert PDF Cyber Monday And Online Shopping: 3 Things Employers Need To Know

It’s that time of the year again. Cyber Monday — the first work day following the Thanksgiving break — is expected break online shopping records. In 2018, retailers saw a 20% increase in Cyber Monday revenue as consumers spent over $7.9 billion on online transactions. Surprisingly, Cyber Monday has begun to outpace Black Friday, which only generated $6.2 billion in revenue.

Importance of Properly Documenting Workplace Investigations

A recent decision from the U.S. Court of Appeals for the Sixth Circuit upholding termination of a state trooper for “hitting on” female drivers during traffic stops and breaching his Last Chance Agreement highlights the importance for employers to document investigations into employee misconduct and the reasons for any resulting discipline – or non-discipline.
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