The five red flags of wage non-compliance

Many in our readership will have embarked (or are embarking) upon a compliance audit of workplace entitlements. Anyone who has done so will appreciate the difficulties associated with what becomes a massive and complex task. The future will see monthly pay reviews as a matter of course rather than large and costly remediation processes. Indeed, a whole industry has been built crunching the numbers on wage/time and attendance compliance. With…

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Why Understanding Your Customer is the Key to Business Success

I like to shop, and I think I am really good at it. I have the ability to make wise and efficient purchasing decisions when shopping. This may include having a keen eye for identifying high-quality items, knowing how to find the best deals and bargains, calculating my cost per use, and being able to manage one’s budget effectively. Ultimately, being good at shopping involves a combination of practical skills,…

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How Creative Content Automation in AEMaaCS is Speeding Up Content Delivery – Part 1

Overview A few years ago, Adobe introduced a feature of Adobe Experience Manager as a Cloud Service which reduces the amount of time it takes to produce creative assets. This work is typically done by Creative groups and involves some manual steps and operations before having a completed, web-ready set of assets to release to market for an organization. With Content Automation, an add-on to Assets, the manual tasks typically…

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3 Takeaways From Our Panel Discussion on Proactive Women’s Health

To kick off National Women’s Health Week, we facilitated a discussion with leaders from American Cancer Society and BD on inspiring and supporting proactive women’s health. Our conversation covered several ways the health ecosystem seeks to better understand women’s needs and a meaningful care journey. The discussion was moderated by Marlana Voerster, senior healthcare & life sciences strategist at Perficient. Experts included: Kathleen Goss, PhD, SVP, Partnerships & Capacity Building, American Cancer Society…

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Optimize your office portfolio with scenario planning

With post-pandemic workforce trends in a state of flux, developers, landlords, owners and corporations are continually adjusting strategies as they consider the performance of their real estate portfolios. If you’re one of these real estate stakeholders, understanding what is driving the new workplace, from hybrid work to variability and flexibility, will enable you to navigate through conflicting predictions so you can evaluate scenarios and implement solutions that best align with…

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Developing a Corporate DE+I Communications Plan for a Luxury Brand

Clarkston’s Diversity, Equity, and Inclusion Consulting Practice recently partnered with a global luxury brand to enhance their approach to internal communications relative to DEI. Download the full corporate DEI communications plan case study below to learn more or contact us to learn how Clarkston can partner with businesses like yours in the consumer products, retail, and life sciences industries.  Recently, Clarkston’s diversity, equity, and inclusion (DE+I) team partnered with a…

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The AI Future of Digital Experience Platforms

How will AI impact digital experience platforms and the online experience? We’ve all had bad sales experiences … dealing with a slick seller trying to make his quota. The classic used car salesman comes to mind pretty quickly. They are impatient, motivated only by money, lacking awareness of our needs and values, they are selling a product they know little about, and do not have the knowledge or motivation to…

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New York State’s Proposed At-Will Prohibition: The “Big Apple” Does Not Fall Far From the Tree

Seyfarth Synopsis: Like the New York City Council, the New York State legislature is considering a bill to effectively abolish at-will employment. If passed, the State bill would prohibit employers from discharging employees absent good cause if the termination occurs after a mandatory probationary period.  As we discussed previously, the New York City Council is considering a bill that would prohibit employers from discharging employees absent just cause or a…

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High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record

By Adam R. Young, Jennifer L. Mora, and Craig B. Simonsen Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana.  Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism, safety hazards, and serious industrial accidents. We track annual positivity test reports from Quest Diagnostics, one of the country’s largest…

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Assessing Overlapping Boards After DOJ Crackdown

Over the past year, the U.S. Department of Justice has garnered headlines by issuing press releases announcing that directors have stepped down from 10 company boards, in response to DOJ concerns that their roles violated the Clayton Act's Section 8 prohibitions on interlocking directorates. In October 2022, the DOJ announced the resignation of directors from the boards of five companies.[1] Another round of resignations was announced in March 2023: Five directors resigned from four corporate boards,…

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SCC decision confirms that certain “counter-speech” is deserving of protection

The Supreme Court of Canada recently considered the statutory test to dismiss strategic lawsuits against public participation (SLAPPs) under British Columbia’s Protection of Public Participation Act, S.B.C. 2019, c. 3 (PPPA). On May 19, 2023, the Court released its long-anticipated decision in Hansman v Neufeld, 2023 SCC 14. In a 6–1 decision, the SCC granted Mr. Hansman’s appeal and dismissed a defamation lawsuit brought in 2018 by a school board…

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Supreme Court of Canada issues much-anticipated decision on GAAR

On Friday, May 26, 2023, the Supreme Court of Canada (SCC or the Supreme Court) dismissed the taxpayer’s appeal in Deans Knight Income Corp. v Canada, 2023 SCC 16 (Deans Knight). This much-anticipated decision deals with the general anti-avoidance rule (GAAR) in section 245 of the Income Tax Act1 (Act). The GAAR, where applicable, allows the Canada Revenue Agency (CRA) to redetermine the tax consequences of a transaction. For GAAR to apply,…

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Lifting the design potential of Japanese companies

Great design is good business. In 2018, a McKinsey analysis of 300 publicly listed companies showed that those with the strongest design behaviors grow twice as fast, and generate almost twice as much value, as their industry peers. In our previous article, we argued that Japanese companies could have even more to gain from an increased focus on design. We showed how best-in-class design practices are already helping some companies to…

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Staying ahead: How the best CEOs continually improve performance

Success breeds complacency, complacency breeds failure. Andy Grove Most people know the fable The Tortoise and the Hare. In the story, the two animals challenge one another to a race to prove who is faster. The hare starts strong and is soon out of sight. Midrace, the hare lies down to rest, feeling certain that it’s going to win. After a time, the tortoise plods past the place where the…

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Vietnamese consumers are coming of age in 2023: How businesses can stay ahead

For the past few years, the middle class in Vietnam has been on the rise, spreading out geographically and growing increasingly diverse. Consumers are growing in number and becoming more demanding and discerning. It is estimated that more than half of the Vietnamese population will enter the global middle class by 2035, creating more disposable income and fueling consumption. Middle-class consumers in Vietnam have generally been optimistic—a sentiment that appears…

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University leaders under pressure to invest despite increasing financial uncertainty

New research from international management consultancy Nous Group shows university leaders are under pressure to make big investments to embed hybrid learning despite subdued confidence in their financial outlook and sustainability. The findings come from Nous Group’s second annual Study of Higher Education Professional Services Leaders which brings together insights from more than 80 leaders at universities around the world to examine the changing landscape of university administration.  The top…

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Reimagining the nursing workload: Finding time to close the workforce gap

US healthcare organizations continue to grapple with the impacts of the nursing shortage—scaling back of health services, increasing staff burnout and mental-health challenges, and rising labor costs. While several health systems have had some success in rebuilding their nursing workforces  in recent months, estimates still suggest a potential shortage of 200,000 to 450,000 nurses in the United States, with acute-care settings likely to be most affected. Identifying opportunities to close…

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ESG momentum: Seven reported traits that set organizations apart

  It is becoming increasingly essential for companies to understand and address the effects that externalities can have on their social license. The latest McKinsey Global Survey on environmental, social, and governance (ESG) issues asked more than 1,100 respondents in more than 90 countries how their organizations are rising to this challenge. More than nine in ten respondents say that ESG subjects are on their organization’s agenda. While environmental topics…

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The Empowering Role of AAC Devices in Assistive Technology

Communication is a fundamental aspect of human interaction, allowing us to express our thoughts, needs, and emotions. However, for individuals with speech or language impairments, this basic form of connection can be challenging. In such cases, Augmentative and Alternative Communication (AAC) devices emerge as powerful tools, empowering individuals to overcome communication barriers and engage with the world on their terms. In this blog post, we will explore what AAC devices…

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Gopher State Goes For Broke with Proposed Non-Compete Ban

Minnesota is joining the growing list of state legislatures targeting non-compete agreements, and doing so with one of the most aggressive laws in the nation on the subject. Included as part of the Senate Jobs and Economic Development and Labor Omnibus Budget Bill (S.F. 3035), the newly-enacted Minn. Stat. Section 181.988 (“Section 181.988”) categorically bans non-compete agreements with Minnesota workers subject to a few narrow exceptions. Section 181.988 also takes…

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Is this the end for single wholesale networks?

  Championed by some as a route to universal access to mobile services, single wholesale networks (SWN) have failed to deliver. Lee Sanders, Managing Partner at Aetha Consulting, wonders whether Malaysia abandoning its SWN means the concept has run its course. Governments around the world are increasingly attuned to the importance of infrastructure to economic growth and societal well-being. Hence their interest in telecoms; the services provided, and their reach…

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Future-proofing your job against the robots

Like in most lines of work, soft skills are critical to your success as an independent consultant, perhaps even more so. This is especially true in a free market, where you compete against other professionals. It’s not just about “what” you have to offer but “how” you sell your services too. Your soft skills and personal approach can make or break a good deal. In the future, soft skills will…

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Leveraging Digital Marketing Tactics to Increase Diversity in Clinical Trial Recruitment 

Traditional methods of recruiting clinical trial participants include tapping into healthcare providers such as doctors or clinics, patient advocacy groups, online registries, or referrals. However, to seek out a more diverse and representative group of potential patients, trial coordinators and sponsors might consider looking to other sources or methods to recruit new groups. Though clinical trials have unique nuances and target demographics for their particular studies, companies can implement digital marketing…

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Connecting with your Patient Population with Doug Pohl

Episode Introduction Doug explains why hospitals need to prioritize ‘’humanity’’ over the bottom line, how to become a two-way mirror to build patient relationships, and why Business 101 is all about listening. He also shares how his experience as a singer/songwriter helped him to understand the power of storytelling, and why true leadership is about helping people climb the ladder. Show Topics Hospitals need to focus on humanity in marketing…

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Creating strong, engaged teams for a successful and reliable platform migration

The situation Our customer is a large enterprise with a portfolio spanning financial and insurance products and services. At the centre is a key piece of infrastructure, supporting more than 30 internal and customer-facing applications. This platform is a complex array of business logic, policies, and multiple interfaces, creating a fragile environment.  As a consequence, attempts to upgrade the platform generally caused catastrophic failures, with unpredictable and severe business and…

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Sourcing and Managing World Class Statements of Work

Structural changes in workforce composition and how we work have dominated the headlines since the COVID pandemic and received much research attention. Most of the analysis has focused on remote working, the gig economy, hybrid models, and the astounding growth of the contingent workforce which today is over 50% larger than pre-pandemic and represents about 36% of total US employment. What has received less attention are high-end professionals working in…

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Sixth Circuit Joins the Chorus of Appellate Decisions Requiring Arbitration to Be Assessed Before FLSA Notice Issues

  Seyfarth Synopsis: Businesses with arbitration programs often oppose the issuance of notice in FLSA collective actions on the ground that many potential recipients have binding arbitration agreements precluding them from participating in a case. The majority of federal appellate courts have not yet addressed whether arbitration must be addressed before or after notice issues. The Sixth Circuit recently joined the Fifth and Seventh Circuits in requiring the question to…

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Redefining life insurance: An interview with Nichole Lecher

Buying life insurance can be a long, uncomfortable process for consumers. Northwestern Mutual, a 166-year-old company, decided to change the paradigm by building an automated, efficient, and clear solution. In this episode of the McKinsey on Insurance podcast, Eli Larrea, a senior partner in McKinsey’s Boston office, sat down with Nichole Lecher, Northwestern Mutual’s vice president of client experience, strategy and journeys. They discuss the purpose of this transformation, the…

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The lessons I’ve learned as an entrepreneur 

Over the past few months, I have shared more than 30 personal stories that helped shape my professional journey through my ‘Series of an Entrepreneur’. And as I’ve seen in the responses, these experiences, and accompanying lessons, transcend far beyond the consulting industry. We all experience failures, make missteps, endure bad days, weeks, months, even years. And we also, hopefully, experience success, see the reward of good decisions, and hit…

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Recognizing 5 DEIB Influencers in Unexpected Places

Picture this: a world where workplace culture is transformed not just by well-known DEIB influencers, but by unexpected heroes who wield the power of diversity, equity, inclusion, and belonging (DEIB) in their own unique ways.  DEIB are increasingly recognized as crucial components of a successful workplace culture, and we recognize these individuals who may not typically be associated with the DEIB space, yet their contributions are critical to the success…

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The Incumbent’s Deep Tech Strategy Playbook

Deep tech — the innovative use of emerging physical technologies enabled by digital technologies to solve large-scale problems — has the potential to create transformative growth opportunities for businesses. By tapping into these advanced technologies, leaders are better positioned to address large-scale problems and reshape entire markets. Consider the impact of synthetic biology; by 2030, this rapidly advancing field could affect industries that account for as much as 30% of…

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Deep Dive with Avinash Srivastava

Our Deep Dive series features our technical experts who give you an inside look at how we are solving complex infrastructure challenges for our clients from across the world. This week, we are highlighting our global director of urban analytics from our Buildings + Places business and how he and his team have used their skills to help develop The Point Utah, a 600-acre innovation district outside of Salt Lake…

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Making government an even better place for women to work

When it comes to women’s representation in the US workplace, the public sector continues to have a clear edge over corporations. However, new McKinsey research finds that governmental organizations may struggle to keep leading the way toward gender parity. The latest edition of our annual Women in the Workplace report reveals that the public sector lags private-sector organizations in critical areas that could help curb burnout and attrition among women…

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Why did I bother coming in?

Why did I bother coming in? – Reimagining the role of the office and our working patterns It’s a no-brainer that the expectations of the workforce have shifted so dramatically that different working patterns are now no longer a ‘nice to have’ but a non-negotiable. Organisations need to quickly adapt to a more distributed world. Going forward, asking your people where and how they work best will be vital to attract…

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Key considerations for fintech providers

In many cases, fintech providers themselves will also need to ensure compliance with certain regulatory regimes as well as helping their customers to do so. In this article, we provide an overview of some key regulations fintech providers should be aware of when offering services to their regulated customers, including new obligations under the Digital Operational Resilience Act (“DORA”), the revised Directive on security of network and information systems (“NIS2”)…

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How Long Does a Lawsuit Take?

When a client has asserted a claim against someone and we are unable to negotiate a voluntary resolution, we have to start thinking about plan B—filing a lawsuit to vindicate the client’s rights. Invariably, the client’s first questions are: how much will it cost, and how long will it take? The answer to the first question can vary enormously, but most clients are not terribly surprised to hear that it…

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Balancing Valued Tradition With Innovation

Sooner or later, most successful companies face the challenge of updating a cherished old product. Make no changes, and you risk becoming irrelevant to new customers. Change too much, and you may alienate your most loyal customers. So how do you leverage a historically strong brand with sensitivity to heterogeneous customer preferences? To explore this question, we studied Italian opera companies, which face this dilemma every season. Many of the…

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Applications for ChatGPT and Retail

Few new technologies have taken the tech, business, and academic world by storm quite like ChatGPT, a generative AI chatbot developed to perform everyday tasks such as answering questions, writing code, or drafting cover letters. A range of plug-ins have allowed for even more applications of this tech, further driving the platform’s hype. With its abilities and popularity growing daily, many leaders in retail may be curious as to how…

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AEM as a Cloud Service – Authentication made simple

Authentication in AEM as a Cloud Service is a critical aspect of securing the platform. It also ensures that only authorized users have access to sensitive data and functionality. In this blog post, we will explore the different authentication options available in AEM as a Cloud Service for author environment, how authentication in AEM as a Cloud service works, how authentication in AEM as a Cloud Service differs from on-premise,…

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  • Reading time:9 mins read
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Pensions Update: Spring 2023

Master trusts – Applicability of Pension Adjustment Orders (“PAOs”) An ongoing issue in respect of master trusts is the applicability of pension adjustment orders (“PAOs”) made prior to a scheme transferring to the master trust. These orders would have been made by the Court in relation to the original pension scheme and served on the original scheme trustees. A question has arisen as to whether master trust trustees can administer…

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