On December 21, 2022, the Michigan Supreme Court held that the Whistleblowers’ Protection Act (“WPA”) protects employees who report that their employer has violated “suspected” laws in a case called Janetsky v. County of...more
As we previously noted, New York City’s Automated Employment Decision Tools Law (“AEDT Law”), regulating employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions, had an...more
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more
11/17/2022
/ Artificial Intelligence ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Popular ,
Section 7
On Friday, September 23, 2022, the New York City Department of Consumer and Worker Protection (“DCWP”) released a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to its Automated Employment...more
Over the past several years, workplace artificial intelligence (“AI”) tools have matured from novel to mainstream. Whether facilitating attracting, screening, hiring, and onboarding job applicants or charting the career path...more
Next month, New Jersey private employers will need to start informing drivers before using GPS tracking devices in the vehicles they operate. A new state law that becomes effective April 18, 2022, requires employers to...more
Employers in Illinois who collect, use, or retain their employees’ biometric data—personal information such as fingerprints or facial or voice recognition—need to be aware of a recent legal development....more
2/17/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
Human Resources Professionals ,
IL Supreme Court ,
Illinois ,
Personally Identifiable Information ,
Privacy Laws
Employers that monitor their employees’ electronic activities should note that New York State will soon require employers to (i) provide written or electronic notice to employees upon hiring of such monitoring in the...more
Joining Illinois and Maryland, on November 10, 2021, the New York City Council approved a measure, Int. 1894-2020A (the “Bill”), to regulate employers’ use of “automated employment decision tools” with the aim of curbing...more
Last week, as widely reported, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to Protect Workers from the COVID-19 (see full details in our...more
Recruiting qualified applicants and hiring top talent have always been time-consuming endeavors that come with constant worry about making a wrong hire. Added to this, the COVID-19 pandemic effectively put a halt to...more
You've likely seen the headlines. Online recruiting tools that unfairly screen out women and minorities. Facial recognition tools used in law enforcement that misidentify specific demographic groups. Algorithms that place...more
2/12/2021
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biometric Information ,
Chief Compliance Officers ,
Chief Information Officers (CIO) ,
Clinical Trials ,
Corporate Counsel ,
Employer Liability Issues ,
FDA Approval ,
Health Care Providers ,
Hiring & Firing ,
Human Resources Professionals ,
Life Sciences ,
Popular ,
Recruitment Policies ,
Risk Mitigation ,
Targeted Digital Advertising ,
Webinars
As of December 29, 2020, Michigan employers are no longer required to permit employees to self-quarantine for up to 14 days due to alleged close contact with an individual displaying COVID-19 symptoms. Recent amendments to...more
Michigan recently announced two COVID-19 developments that will impact employers and their workplaces. Most recently, the Michigan Department of Health and Human Services (MDHHS) issued new restrictions for business...more
October has brought a weekly flurry of changes to Michigan’s COVID-19 legal landscape. On Thursday October 22, 2020, Governor Whitmer added to this recent activity by signing three bills into law that provide employers with...more
It’s #WorkforceWednesday! This week, we examine two increasingly common issues that employers face in today’s polarized climate: responding to employees’ off-duty conduct and workplace violence.
Responding to Off-Duty and...more
In a recent Bloomberg Law article, we reported on legislative developments regulating the use of artificial intelligence (“AI”) in employment law decisions. On May 11, 2020, one of the pieces of proposed legislation we...more
Welcome to #WorkforceWednesday. Here’s the week’s top workforce management and employment law news:
Mobile Tracking Technologies (video featuring attorneys Adam Forman, Karen Mandelbaum, and George Whipple)
Mobile...more
6/10/2020
/ Anti-Discrimination Policies ,
Best Practices ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employer Responsibilities ,
Furloughs ,
Health and Safety ,
Hiring & Firing ,
Layoffs ,
Loan Forgiveness ,
Mobile Apps ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Workplace Safety
As Michigan businesses begin the process of reopening, they must comply with Governor Gretchen Whitmer’s Executive Order 2020-91 (“Order”) regarding “Safeguards to protect Michigan’s workers from COVID-19.” The Order...more
As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more
1/9/2020
/ Antitrust Provisions ,
Artificial Intelligence ,
Corporate Counsel ,
Decision-Making Process ,
Disability Discrimination ,
Due Diligence ,
Employer Liability Issues ,
Entrance Interviews ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Racial Bias ,
Recruitment Policies ,
Risk Mitigation ,
Section 5 ,
Software ,
Technology ,
Video Recordings
Increasingly, companies are using third-party digital hiring platforms to recruit and select job applicants. These products, explicitly or implicitly, promise to reduce or eliminate the bias of hiring managers in making...more
10/17/2019
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Data Collection ,
Data Retention ,
Disability Discrimination ,
Employer Liability Issues ,
Governor Pritzker ,
Hiring & Firing ,
Human Resources Professionals ,
Interviews ,
Job Applicants ,
New Legislation ,
Reasonable Accommodation ,
Recruitment Policies ,
State Labor Laws ,
Videoconference
Technology, media, and telecommunications organizations are at the forefront of tackling new challenges in handling employee information and managing employee populations. As legislatures (from the federal level down to...more
3/26/2019
/ #MeToo ,
Cybersecurity ,
Data Protection ,
Digital Media ,
Employer Liability Issues ,
General Data Protection Regulation (GDPR) ,
Human Resources Professionals ,
Over-Time ,
Sexual Harassment ,
Telecommunications ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
Less than three weeks ahead of the effective date of Michigan’s paid sick leave law, the Paid Medical Leave Act (“PMLA”),[1] the Department of Licensing and Regulatory Affairs (“LARA”) has launched a website featuring a...more
There is a visceral and palpable dynamic emerging in global workplaces: tension.
Tension between what is potentially knowable—and what is actually known. Tension between the present and the future state of work. Tension...more