The Department of Labor (DOL) has issued its highly anticipated final rule addressing the classification of workers as independent contractors under the Fair Labor Standards Act (FLSA). This new rule, which takes effect on...more
Employers nationwide should be aware that the long-delayed 2022 EEO-1 reporting period opened October 31, 2023. The deadline for filing 2022 EEO-1 Component 1 data is December 5, 2023, though employers are encouraged to file...more
On August 8, 2023, the Department of Labor issued a new rule redefining how wages are calculated for more than one million construction workers and implements a number of sweeping changes under the Davis-Bacon Act. The rule,...more
Sometime in the next few days, the Supreme Court will issue its decision in two cases challenging race-conscious university admissions policies, Students for Fair Admission v. President and Fellows of Harvard College and...more
As generative artificial intelligence (GAI) technology, like ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason, employers...more
6/9/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Compliance ,
Confidentiality Policies ,
Copyright ,
Defamation ,
Ethics ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Policies and Procedures ,
Privacy Laws ,
Trade Secrets ,
Training ,
Workplace Communication
Guidance explains the "four-fifths rule" to determine whether tools for hiring and promotion might result in a disparate/adverse impact on a protected class -
Last week, the Equal Employment Opportunity Commission (EEOC)...more
Orders that cover federal employees and contractors, air travel, healthcare facilities, and insurance cost-sharing are expiring as Public Health Emergency also ends -
On May 1, 2023, the Biden Administration announced the...more
Federal contractors will need to use a recently updated OFCCP form when collecting voluntary applicant data concerning disabilities beginning in July 2023. On April 26, 2023, OFCCP published the revised Voluntary...more
Recent developments and announcements from the U.S. Department of Labor highlight the agency's increased focus on the construction industry. In November 2021, Congress passed the Infrastructure Investment and Jobs Act and...more
A new, more restrictive version of the Oregon Workplace Fairness Act took effect on January 1, 2023. Oregon employers remain limited in their ability to enter into certain terms in agreements with employees claiming...more
Today the U.S. Department of Labor (DOL) published a new proposed rule defining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed regulation would move the "economic...more
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued its second Directive of 2022 (DIR 2022-02) to expedite compliance reviews and to increase contractors' burdens to produce documents...more
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its first Directive (DIR 2022-01) formalizing and clarifying OFCCP’s more aggressive approach to require federal contractors to...more
The California Fair Employment and Housing Council (FEHC) recently took a major step towards regulating the use of artificial intelligence (AI) and machine learning (ML) in connection with employment decision-making. On March...more
On March 24, 2022, Oregon Governor Kate Brown signed into law Senate Bill 1586, which amends Oregon's Workplace Fairness Act to further restrict what an employer may request in a settlement or separation agreement with an...more
On Tuesday, December 7, 2021, the U.S. District Court for the Southern District of Georgia issued a nationwide preliminary injunction enjoining enforcement of Executive Order 14042, the federal contractor vaccine mandate. As...more
On Tuesday, November 30, 2021, the U.S. District Court for the Eastern District of Kentucky enjoined the federal government from enforcing the vaccine mandate for federal contractors and subcontractors in all covered...more
On Friday, following President Biden's September 9, 2021, Executive Order (EO) on Ensuring Adequate COVID Safety Protocols for Federal Contractors, the Safer Federal Workforce Task Force (Task Force) released the Federal...more
On July 9, 2021, President Biden signed an Executive Order seeking to curtail the use of non-compete agreements and other terms of employment that arguably limit worker mobility—an area of employment law that has...more
Over the past several years, Oregon's legislature has whittled away at non-competition agreements with the focus on increasing employee mobility and autonomy. Non-competition agreements were once again a target for the...more
Federal contractors and subcontractors will soon be asked to regularly certify that they have compliant Affirmative Action Plans (AAP), and contractors may even be required to upload a copy of their AAPs on an annual basis,...more
In an effort to ameliorate the potential discriminatory impact of facial recognition technologies on people of color, women, and other groups, Portland, Ore., recently joined a growing number of jurisdictions limiting the use...more
After becoming law in December 2019, the National Defense Authorization Act (NDAA) for Fiscal Year 2020 formally established the Space Force as the newest branch of the U.S. military. But a military branch is not created by...more
We previously published Part 1 in this series to provide Oregon employers with an overview of the Fair Work Week Act (also known as the predictive scheduling law), which takes effect on July 1, 2018. ...more
Oregon’s new Fair Work Week Act (also known as the predictive scheduling law) adds significant challenges and costs for employers operating in the retail, food service, and hospitality industries where schedules and...more