Littler Labor & Employment Podcast

On Monday, June 22, 2020, the White House announced a temporary suspension on new work visas, which will be in place until at least the end of this calendar year. The order blocks entry for those who enter the country under certain visa categories, such as the H-1B and L-1 visas, among others. Littler attorneys Jorge Lopez and Michelle White explain what this new rule means for both American and international employers.

Even though most shelter in place orders have been lifted, and some courthouses are reopening, much of the work in the legal profession is still being conducted remotely. While there may be both advantages and disadvantages to litigating over the internet, virtual litigation is here to stay. In this podcast, Littler shareholders Helene Wasserman and Bruce Sarchet discuss a budding area of the virtual litigation landscape – virtual mediation. While there are challenges to this new platform, opportunities are present as well. Bruce and Helene discuss some key observations from these early days of virtual mediation, including the results of a survey of recently-completed virtual mediations. Finally, practical suggestions are offered for successfully using virtual mediation to resolve pending litigation.

The novel coronavirus (COVID-19) has created significant workplace challenges across the United States. Many employers have had to restructure their workforces in light of the pandemic and mandatory stay-at-home orders. What happens when the orders are lifted, business resumes, and employees return to work? In this podcast, Alka Ramchandani-Raj, Of Counsel in Littler’s Walnut Creek office and a member of Littler's COVID-19 Task Force, and Melissa Peters, Special Counsel in Littler’s Walnut Creek office and also a member of the firm's COVID-19 Task Force, address some of the common questions employers will face as they return their employees back to the workplace.

In this podcast, Littler Shareholder Russell McEwan discusses recommended steps for construction industry employers to take to cope with the operational challenges presented by the COVID-19 pandemic. He is joined by John Braun of Signature Safety, LLC, a leading health and safety consulting firm.

In this podcast, Littler’s Chief Knowledge Officer, Scott Rechtschaffen, talks with his Cornell Law School students about the potential for lawyers to use software to develop practical tools for the delivery of legal services. During their semester, the students experienced how to take their growing knowledge of the law, identify a problem, coordinate with subject matter and technical experts, and create a legal app designed to assist users, who might be either clients or fellow attorneys. Students share how the class broadened their understanding of programming and how such apps can make the legal practice more efficient, less expensive, and more accessible for more people, such as through client intake, organization of case data, or educational apps that teach potential clients about legal issues. The group also brainstorms on how future applications could create innovations in various practice areas.

As the complexity of OSHA inspections increase and penalties rise, employers need to ensure that they are fully prepared for such site visits. In this podcast, Littler’s Brad Hammock, co-chair of the firm’s Workplace Safety and Health practice group, discusses steps employers can take to prepare their worksites for when OSHA “comes knocking.” From initial compliance to developing a written protocol for managing the inspection process, this podcast describes the key components for navigating an OSHA inspection.

Helene Wasserman, Los Angeles-based Littler Shareholder and Trial Practice Group Co-Chair, reflects on some good, bad, and ugly impacts of the #MeToo movement since its inception, including recent legislative developments affecting California employers in particular. Discussing training, arbitration agreements, and the extended statute of limitations for FEHA claims with Littler Learning Group’s Marissa Dragoo, Helene provides insights and guidance for California employers as we move into the third year of the cemented #MeToo movement.

In this podcast, Natalie Pierce, co-chair of Littler’s Robotics, AI and Automation Practice Group and Diversity and Inclusion Council, discusses with Tania de Jong AM the intersection of diversity and inclusion efforts with advancing technologies, such as robotics and AI. Tania is the Founder and Executive Producer of Creative Innovation Global, as well as an international soprano singer, speaker, and one of Australia’s most successful female entrepreneurs and innovators. Natalie and Tania address how to foster diversity and inclusion in the greater context of helping workforces and societies as a whole better withstand technological changes, disruption, and uncertainty. They explore how global workforces can successfully manage, prepare, and develop innovative, agile company cultures for a rapidly changing world and the Fourth Industrial Revolution, which will require human intelligence 2.0 skills and new leadership mindsets. Their fascinating discussion covers how organizations can excel in successfully

Natalie Pierce, co-chair of Littler's Robotics, AI and Automation Practice group and Eric van Dam from Littler's office in Amsterdam (CLINT Littler), discuss the exciting opportunities and challenges resulting from the use of artificial intelligence (AI) tools in HR decision-making and reporting. Specific examples are provided of companies that are experiencing success in employing AI into such functions as recruitment and hiring, and the benefits – such as maximizing your talent pool and productivity efficiencies – that can be garnered for employers. Natalie and Eric explore how to overcome impediments to adoption, such as algorithmic bias, and what organizations can do to mitigate those risks. They review the intersection of AI with privacy rights under the General Data Protection Regulation (GDPR) and the critical role of transparency in the integration of AI tools. The podcast addresses all these issues and considers the repercussions through the lens of European Union and Dutch law.

Natalie Pierce, the Co-Chair of Littler's Robotics, AI, and Automation Practice Group and Guillaume Desmoulin of Littler's Paris office (Fromont Briens) discuss collaborative robots – or cobots. They explain cobots’ increasing integration into the workforce in both the United States and Europe and identify growth opportunities in several industries. Natalie and Guillaume also explore how businesses can utilize robots in their various forms to increase productivity and safety, while avoiding potential risks.

An employer receives a notification from the Social Security Administration that an employee’s name does not match his or her Social Security number in the employer’s records. What to do? In this podcast, Jorge Lopez, chair of Littler's Global Mobility and Immigration Practice Group, and Hector Galeano, senior attorney in the practice group, discuss the latest round of SSA mismatch letters and what steps employers can take after receiving such a notice. Topics include how the matter should be treated (i.e., a payroll versus immigration issue), typical reasons for a discrepancy, and when and how immigration status might play into an employer’s duty to respond.

Natalie Pierce, the co-chair of Littler’s Robotics, AI and Automation Practice Group, and Jeff Burnstein, the President of the Association for Advancing Automation, discuss automation and robotics in the workplace, and their effects on morale. As Natalie and Jeff review how growing businesses institute new technologies, they address how employers can preserve employee morale by proactively explaining the benefits of automation initiatives, such as reduced injuries and better job satisfaction. Natalie and Jeff also explain how businesses that integrate automation successfully experience increased productivity and profitability and thus gain a competitive advantage in the marketplace.

Russ McEwan, a Littler shareholder in the Newark office, and Sean McCrory, an associate in the Dallas office, discuss immigration enforcement trends affecting the construction industry – particularly I-9 audits. Sean details the process that employers face when presented with an immigration enforcement subpoena, as well as steps they can take now to prepare for site visits and investigation by Immigration and Customs Enforcement. Russ and Sean review common pitfalls and offer practical tips for employers to help avoid or mitigate potential exposure.

Devjani Mishra and Emily Haigh, of Littler’s New York City office, list their top 10 labor and employment compliance new year resolutions for businesses operating in the Empire State in 2019. They review several laws taking effect this year, offer practical guidance on how to juggle new requirements day-to-day, and identify legislative trends and court decisions to watch.

Stephan Swinkels, a Littler shareholder in New York, moderates this roundtable discussion concerning what HR issues are top of mind for European employers. This esteemed panel – including Carlo Majer (Italy), Guillaume Desmoulin (France), Thomas Griebe (Germany), Hannah Mahon (United Kingdom), Koen De Bisschop (Belgium), and Wouter Engelsman (Netherlands) – parses the results of Littler’s inaugural Executive Employer Survey in Europe, which identified the legal and HR issues currently having the greatest impact on the workplace in that part of the globe. The group reviews some of the key findings and surprises from the survey for each country and looks ahead to what employment issues (e.g., Brexit, pay equity, technological advances) will continue to dominate attention across Europe in the coming year. Read the report at https://www.littler.com/publication-press/publication/littlers-executive-employer-survey-europe-2018.

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.

Emily Haigh and Devjani Mishra from Littler’s Manhattan office provide the inside scoop on some of New York City’s newest workplace regulations. Emily and Devjani first explore how the cooperative dialogue ordinance affects the procedures that employers use to evaluate employee accommodation requests. They discuss the law’s dialogue and documentation requirements plus how the law interacts with other NYC ordinances, including the paid sick and safe time and temporary scheduling laws. Emily and Devjani also review the city’s new lactation accommodation law, which takes effect on March 18, 2019.

The use of automation, artificial intelligence, and robotics to make or provide products and services is no longer uncommon. But what about the use of these tools in making hiring and other employment decisions? Automating HR functions can help businesses streamline their operations, increase productivity and employee morale, and help conquer unconscious bias, but potential pitfalls abound when used incorrectly. In this podcast, Natalie Pierce, a Shareholder in Littler’s San Francisco office and Co-Chair of the Robotics, AI and Automation Industry Group, joins GQ|Littler Partner Raoul Parekh and Associate Dónall Breen with the London office in discussing how automation is creating opportunities and posing challenges in the world of HR and employment law.

Earlier this year, New York State adopted anti-sexual harassment legislation that the Governor described as the "strongest and most comprehensive" in the country, and that is now fully effective. As of October 9, 2018, employers must distribute to all New York-based employees an updated anti-sexual harassment policy that covers a number of key areas. Over the next 365 days, employers also must train all New York-based employees regarding sexual harassment and retaliation, and repeat such training annually thereafter. New York City has a similar sexual harassment training requirement that goes into effect on April 1, 2019. In this podcast, Littler attorneys Devjani Mishra and Emily Haigh help employers operating in New York State and City navigate these new requirements.

Littler attorneys Michael Kessel, Russ McEwan and Alan Model, out of our Newark office, discuss the importance of cultivating “employee engagement” to foster a productive, invested workforce. They also describe the new Littler Positive Employee Relations Series, which offers customized, intensive training to supervisors on the causes of negative morale and then arms them with practical tools to spot and handle problems before they get out of hand. https://www.littler.com/service-solutions/llg/positive-employee-relations