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
Confidential arbitration agreements between employers and their employees are commonplace. Employers favor such agreements for many reasons, including preserving privacy and allowing legitimate claims to be either settled or...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
Joining California, Delaware, Illinois, Louisiana, Massachusetts, New Jersey, New York, Ohio, as well as multiple counties and cities, on March 23, 2020, Michigan’s Governor Gretchen Whitmer issued Executive Order 2020-21...more
As we have discussed in prior Advisories, the 2019 Novel Coronavirus (“Coronavirus” or “COVID-19”) public health emergency is raising important issues for employers addressing rapidly developing disruptions to the workplace...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
On December 17, 2019, the National Labor Relations Board (“Board”) ruled that an employer’s rule prohibiting use of its email system for nonbusiness purposes did not violate employees’ rights under the National Labor...more
12/18/2019
/ Caesars ,
Electronic Communications ,
Email ,
Email Policies ,
Employee Handbooks ,
Employer Rights ,
Employment Policies ,
Federal Labor Laws ,
First Amendment ,
Free Speech ,
Information Technology ,
Labor Regulations ,
NLRA ,
NLRB ,
Policies and Procedures ,
Protected Activity ,
Purple Communications ,
Section 7 ,
Union Organizers ,
Unions
A Trending News interview from Employment Law This Week®, featuring attorney Adam S. Forman of Epstein Becker Green:
AI technology is gaining traction among employers as a tool for hiring and other human resources...more
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
On December 14, 2018, Michigan Governor Rick Snyder signed into law the Paid Medical Leave Act (“PMLA” or “Act”), which substantially amends the Earned Sick Time Act that had passed the legislature in September 2018. The...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
As Gordon Gekko famously pronounced in the 1980s classic movie Wall Street, “The most valuable commodity … is information.” Those words have never rung truer than in today’s world and in today’s workplaces. And as the old...more
5/30/2018
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Benefit Plan Sponsors ,
Big Data ,
Corporate Social Responsibility ,
Cybersecurity ,
Department of Labor (DOL) ,
Diversity ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Human Resources Professionals ,
Pay Equity Laws ,
Popular ,
STEM ,
Voluntary Self-Audit
Addressing Workplace Sexual Harassment in the Wake of #MeToo -
Revelations of the Harvey Weinstein scandal, and those that have followed, have ignited sexual harassment complaints against employers across all industries....more
12/27/2017
/ Arbitration Agreements ,
Class Action Arbitration Waivers ,
Cybersecurity ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Harassment ,
Minimum Salary ,
Paid Leave ,
Popular ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment ,
Wage and Hour ,
White-Collar Exemptions
Employers across all industries are deep in the midst of exciting but unchartered and fluid times. Rapid and unforeseen technological advancements are largely responsible for this dynamic. And while there is a natural...more
President Donald J. Trump has given few details regarding his administration’s plans for new policies; however, employers can expect several areas to be impacted based on his campaign platform.
In this issue of Take 5,...more