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ADA Ex Machina: The EEOC Issues Guidance on the ADA and the Use of Artificial Intelligence in Making Employment Decisions

Background - The United States Equal Employment Opportunity Commission (EEOC) on May 12, 2022, issued a series of questions and answers that address how employer use of artificial intelligence (AI), algorithms, and...more

NLRB Says Employer Consent Is Not Required for Bargaining Units of Solely and Jointly Employed Workers

In the U.S. National Labor Relations Board’s (NLRB) recent decision in Miller & Anderson, Inc., 364 NLRB No. 39 (July 11, 2016), the Board continued its expansion of the obligations of entities that do not directly employ...more

Flex Frac Decision Highlights Need for Employers to Reexamine Confidentiality Policies

In recent years, the National Labor Relations Board (the “Board”) has waged a campaign against what it considers to be “overbroad” employer confidentiality policies. In dozens of decisions, the Board and administrative law...more

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