Littler 2 the Point – Video Briefs to Fuel Your Employment Practices

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Discrimination and Harassment

What is the impact of Muldrow vs. City of St. Louis on discrimination claims under Title VII?  

Can an employee claim discrimination based on their natural hair or hairstyle?

I heard the Supreme Court voted to expand legal protections to gay and transgender workers. What do I need to know about this?

What is the first thing an employer should do when it receives a sexual harassment complaint?

Once an employer determines that a harassment complaint merits a deeper look, then what does it do?

What should an employer keep in mind when conducting witness interviews?

How can we get employees to come forward if they have concerns about harassing behavior in our workplace?

Now that we are a few years into the era of #MeToo, how has the landscape changed and what needs to come next?

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Employee Benefits

What is unlimited Paid Time Off or PTO, and is it right for your business?

What legal issues arise when implementing global policies around women's health and fertility?

If we allow flexibility in our employees' remote work locations, how can we be sure to remain compliant with employment laws?

If an employer fails to provide required notice under the WARN Act, is the employer liable for paying the employees' medical expenses?

Do we need to accommodate employee requests for job modifications due to COVID-19?

Many of our employees are dealing with school closures and changes to childcare due to COVID-19 concerns. Will employers need to provide any leave or benefits to impacted employees?

What paperwork do I need to support my employees' requests for paid leave so that I can get the refundable tax credit under the new federal laws?

My employees have been ordered to “shelter in place.” Does this mean they are eligible for federal emergency paid sick leave?

What is the impact of the CARES Act on unemployment benefits?

Can an employer allow employees to utilize accrued paid sick leave when their circumstances qualify as FMLA eligible?

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Hiring, Performance Management and Termination

Can an employer regulate its employees' political speech or activity in the workplace?

As employers consider strategies for adapting the size of their workforces to meet changing business demands and technologies, what guidance should be top-of-mind?

Can you provide any guidance on keeping our employees and making sure they are simultaneously engaged?

How do "right to recall" laws impact hiring?

What are some strategies to help employers eliminate bias in the talent recruitment process?

Can I fire an employee for disparaging me on social media?

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Immigration and Global Mobility

ICE is at the door! What do we do?

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Inclusion, Equity and Diversity

What are the challenges and benefits of helping your employees bring their authentic selves to work?

We’re thinking about rolling out some IE&D initiatives – is that the same thing as an Affirmative Action Plan?

Do you have any pointers for heading off potentially icy conversations at our office holiday gathering?

What should an employer do to address a discovered symbol of racial hate in the workplace?

How can the employer prevent exposure to racial hate symbols, like the confederate flag, in the workplace?

How can the remote work environment support an organization's goal to promote inclusion, equity, and diversity in their workplace?

How do you create the best job postings to attract the most diverse set of candidates to your applicant pool?

Is it a good idea to link DE&I objectives to executive compensation?

What steps should employers take to validate and support nonbinary individuals?

What can I do to support diversity and inclusion within my company’s workforce?

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International Employment Law

Are employers required to conduct human rights due diligence in their global operations?

We are considering layoffs in the UK. How should we plan our approach to these dismissals?

What are some key issues for HR or legal to be aware of when implementing a restructure in Asia?

How are China's new cross-border data transfer requirements different from the rest of APAC?

My company is looking into setting up a multi-jurisdictional operation but may have to restructure its European presence in doing so. What should we look out for? 

How are multinational employers approaching whistleblower hotlines and guarding against whistleblower retaliation?

What should we know about employment contracts in Canada?

As an employer with employees in multiple countries, what are some key points we should be focusing on when it comes to job descriptions?

How do we ensure that our global HR team is asking the right questions when they conduct interviews around the world?

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Investigations

What are some investigation interview tips for speaking to someone who may have experienced trauma?

When employers receive a “Power Harassment” claim in Japan that doesn't seem to be tied to a protected category, do employers still need to investigate the complaint?

We need to investigate an employee complaint, but the office has been closed due to the coronavirus. How do we move forward with the internal investigation?

How can an employer protect its brand while implementing a strategy to respond and investigate a complaint published through social media?

Companies are conducting more investigations now than ever before. How can they conduct them more efficiently?

How should an employer handle documentation during an investigation?

What are the primary considerations for investigating an international harassment complaint in which related parties are based in several countries?

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Labor Management Relations

Is the idea of union organizing and concerted activity a thing of the past?

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Leaves of Absence and Disability Accommodation

Doesn’t the Pregnant Workers Fairness Act just require employers to treat pregnant employees just like they treat employees with disabilities?

How can employers address the effects of employees’ mental health issues in the workplace?

How can our organization retain our neurodiverse employees?

What are some of the key similarities and differences between PFML laws and the FMLA?

Has the ADA accommodation process changed in light of COVID-19 related issues?

What do employers need to consider when engaging with an employee who requests an accommodation to work because of a COVID diagnosis?

How can an employer appropriately respond to an employee who has a terminal illness?

Should we expect to see more questions on how to handle service and assistance animals as people return to work?​

How does the new Families First law affect COVID-19 related leave?

What do employers need to consider in allowing or requiring remote work during the COVID-19 crisis?

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Litigation

Is employment and labor litigation proceeding in the COVID-19 business environment?

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Occupational Safety and Health

Do employers have obligations under OSHA with respect to COVID-19 safety?

What do employers need to know about OSHA's Emergency Temporary Standard covering workplace vaccination?

Can an employer require that employees attending a company holiday party be vaccinated?

I live in a marijuana-friendly state. Do I have to allow employees to use and possess marijuana at work?

What workplace issues should employers consider regarding COVID-19 vaccinations?

What should an employer do to respond to a threat of workplace suicide?

What should I do if an employee refuses to wear a face mask?​

Can an employer conduct reasonable suspicion drug testing?

What effect will COVID-19 have on worker activism and labor relations?

What are some key considerations for lawfully implementing an on-site temperature screening program for my business?

Can an employer disclose COVID-19 related health information to other employees, customers or vendors?

In light of the COVID-19 pandemic, what health-related information can employers ask employees to provide?

What should an employer do if an employee was exposed or potentially exposed to COVID-19?

What are some options for employers looking to avoid terminations during the COVID-19 crisis?

How should the employer respond when it learns an employee has developed an infectious disease?

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Policies, Procedures and Handbooks

What should we be doing to protect our trade secret information, particularly now that so many of our employees are working remotely?

How do I identify the state employment laws that apply to our remote workers?

What are some of the pros and cons of nationwide employee policies?

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Robotics, Artificial Intelligence (AI) and Automation

Are there any areas of concern as our organization implements AI tools to monitor and engage with employees and customers?

What are the key areas our organization should keep top of mind when considering AI and ADA in our workplace?

How should a company intelligently adopt employment-focused artificial intelligence, or AI tools?

How can AI be used to improve hiring practices – without increasing the risk of discrimination?

What does an employer need to know when looking to use A.I. in recruiting?

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Staffing, Independent Contractors and Contingent Workers

What issues should be considered when determining whether the “right to control” factor will weigh in favor of an independent contractor determination?

What does the recently passed Proposition 22 mean for California employers?

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Wage and Hour

With so many nonexempt employees working remotely, what should be our key wage and hour compliance priorities?

Do I need to be concerned about off-the-clock work by my employees working from home?

When does an employer need to pay for training time under the FLSA?

In the current climate of "equal pay," what are some action steps employers can take to limit or altogether avoid claims of sex-based wage discrimination?

Our employees spend a few minutes preparing for work before they clock in. We don't have to track that, right?

When do employers need to pay employees for waiting and on-call time?

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Workplace Policy

What do employers need to know about California’s Workplace Violence Prevention legislation? 

Now that the election is over, what should employers expect in the new administration?

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Workplace Privacy and Data Security

Does the new California Privacy Rights Act (CPRA) apply to employers?

The California Consumer Privacy Act became effective January 1, 2020. Is it as significant as everyone predicted?

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Workplace Training

How can we be proactive about addressing conflict in the workplace?

I've been hearing a whole lot about "bystander intervention training" – What exactly is this?