A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from...more
In a major noncompete development for the Commonwealth of Pennsylvania, beginning January 1, 2025, certain noncompete agreements with doctors, registered nurses, and other healthcare practitioners will no longer be...more
On May 17, 2024, Colorado Governor Jared Polis signed into law Senate Bill (SB) 24-205, “Concerning Consumer Protections in Interactions With Artificial Intelligence Systems” (the “Colorado Artificial Intelligence (AI) Act”),...more
5/21/2024
/ Algorithms ,
Artificial Intelligence ,
Compliance ,
Consumer Protection Laws ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Governor Polis ,
Impact Assessments ,
New Legislation ,
NIST ,
Risk Management ,
Software Developers ,
Technology Sector
On December 8, 2023, European Union policymakers brokered a deal on a broad law to regulate the development and use of artificial intelligence (AI) in the European Union....more
On October 30, 2023, President Joe Biden signed an executive order (EO) on artificial intelligence (AI) in an effort to establish a “coordinated, Federal Government-wide approach” to the responsible development and...more
11/7/2023
/ Artificial Intelligence ,
Best Management Practices ,
Biden Administration ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Immigration Procedures ,
National Security ,
NIST ,
Public Policy ,
STEM ,
Technology Sector ,
Wage and Hour
The National Labor Relations Board (NLRB) General Counsel (GC) issued a memorandum on May 30, 2023, declaring her opinion that the “proffer, maintenance, and enforcement” of noncompete agreements in employment contracts and...more
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued the latest federal guidance on employer use of artificial intelligence (AI) and automated decision-making tools. The new guidance reinforces the...more
5/24/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Disability Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Title VII
On May 1, 2023, the National Labor Relations Board (NLRB) issued a decision that changes the standards relating to discipline or discharge of workers who cross the line with offensive or abusive conduct while engaging in...more
On April 25, 2023, four U.S. federal agencies issued a joint statement pledging to enforce federal laws to “promote responsible innovation” in the context of automated decision-making and artificial intelligence (AI) systems...more
4/27/2023
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Innovative Technology ,
Joint Policy Statements ,
Machine Learning ,
Technology Sector
Over the last decade, and arguably accelerated by the pandemic, employers have increasingly relied on new technologies to monitor, manage, and hire employees. Some of these technologies include tracking devices, keyloggers,...more
11/8/2022
/ Electronic Monitoring ,
Employee Monitoring ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Memorandum of Guidance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Section 7
The White House, on October 4, 2022, unveiled its “ Blueprint for an AI Bill of Rights ,” outlining non-binding recommendations for the design, use, and deployment of artificial intelligence (AI) and automated systems...more
Some professional baseball teams are beginning to promote “Work From the Ballpark” days, encouraging fans to bring their laptops to a weekday afternoon game and work remotely from their seats. Under such promotions,...more
On August 5, 2022, new Pennsylvania state wage-and-hour regulations for tipped and salaried nonexempt workers under the Pennsylvania Minimum Wage Act (PMWA) go into effect. This article focuses exclusively on the new...more
California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first...more
5/16/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
DFEH ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
New Guidance ,
Proposed Regulation ,
Screening Procedures
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic...more
Since the outset of the COVID-19 pandemic, employers have been engaged in varying levels of contact tracing within the workplace. Contact tracing involves identifying individuals who may have been in close contact with a...more
5/1/2020
/ Bluetooth ,
Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Data Security ,
Employer Liability Issues ,
EU ,
European Commission ,
GPS ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Location Data ,
New Guidance ,
Re-Opening Guidelines
On March 19, 2020, Governor Tom Wolf issued a broad executive order requiring the closure of “all businesses that are not life sustaining.” Simultaneously, the secretary of Pennsylvania’s Department of Health issued a similar...more
Workplace romances are inevitable. According to a recent survey by the Society for Human Resource Management, one out of every three American adults is or has previously been in a workplace romance. Given this reality,...more
2/12/2020
/ #MeToo ,
Anti-Harassment Policies ,
Best Management Practices ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Risk Management ,
Sexual Harassment ,
Title VII
The autumn leaves are turning, football season is gathering momentum, Congress is reconvening, and at Ogletree Deakins, we are celebrating the first anniversary of Compass and reflecting on all that has changed in the last...more
10/14/2019
/ Artificial Intelligence ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
H-1B ,
Hairstyle Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
NLRB ,
OFCCP ,
Over-Time ,
Pay Gap ,
Retirement Plan ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Union Elections ,
Wage and Hour ,
White-Collar Exemptions
After a lengthy journey through the Pennsylvania legal system, the City of Pittsburgh’s Paid Sick Days Act is now on course to go into effect. The Act was signed by the Pittsburgh mayor in 2015, but its implementation was...more
In the first episode of our “Tech-Tuned Workplace” series, Jennifer Betts and Ruthie Goodboe provide a high-level overview of advanced technologies that already exist or are coming soon to the workplace—from artificial...more
7/2/2019
/ Artificial Intelligence ,
Big Data ,
Biometric Information ,
Blockchain ,
Data Privacy ,
Employee Rights ,
Employer Liability Issues ,
Human Resources Professionals ,
Internet of Things ,
Labor Relations ,
Risk Mitigation ,
Technology Sector
You have probably heard the phrases “fourth industrial revolution” and the “future of work.” Both refer to changes in the way people live, work, and relate to one another due to rapid developments in technology. Here are five...more
More and more organizations are beginning to use or expand their use of artificial intelligence (AI) tools and services in the workplace. Despite AI’s proven potential for enhancing efficiency and decision-making, it has...more
6/17/2019
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Consent ,
Equal Employment Opportunity Commission (EEOC) ,
Facial Recognition Technology ,
Job Applicants ,
Legislative Agendas ,
Local Ordinance ,
Machine Learning ,
Notification Requirements ,
Popular ,
Proposed Legislation ,
Race Discrimination ,
Recruitment Policies ,
Regulatory Agencies ,
State and Local Government ,
Transparency
You have probably heard the term “blockchain,” most likely in the context of Bitcoin. You have also probably seen splashy headlines suggesting that blockchain is the next game-changing technology that will upend the business...more
In February 2019, President Trump signed an executive order titled “Maintaining American Leadership in Artificial Intelligence,” also known as the American AI Initiative, that aims to increase the use of artificial...more