On August 30, 2023, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations applicable to executive,...more
8/31/2023
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
On June 30, 2023, the Supreme Court issued its decision in 303 Creative, LLC v. Elenis. In a 6-3 opinion authored by Justice Gorsuch, a divided Supreme Court held that the First Amendment’s free speech protection bars...more
In its June 29, 2023, unanimous decision in Groff v. DeJoy, the United States Supreme Court upended nearly 50 years of precedent by “clarifying” the undue hardship standard in religious accommodation claims under Title VII of...more
On June 14, 2023, the European Parliament voted to approve the first draft of the new AI Act, the world’s first comprehensive law regulating artificial intelligence (“AI”). Although the law has not yet been passed and may be...more
6/22/2023
/ Artificial Intelligence ,
Corporate Counsel ,
Employer Liability Issues ,
EU ,
Innovative Technology ,
International Labor Laws ,
Labor Reform ,
Legislative Agendas ,
Machine Learning ,
Non-Discrimination Rules ,
Pending Legislation ,
Regulatory Agenda
On June 13, 2023, the National Labor Relations Board (“NLRB” or “the Board”) issued its long-awaited decision in The Atlanta Opera, in which it overturned prior law (SuperShuttle DFW, Inc.) and reinstated a narrower test for...more
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...more
5/18/2023
/ Adverse Employment Action ,
Algorithms ,
Artificial Intelligence ,
Corporate Counsel ,
Disparate Impact ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Machine Learning
I. Introduction -
A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT -
Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to...more
In the wake of its recently issued rules regarding New York City Local Law 144 (“Local Law 144”), the New York City Department of Consumer and Worker Protection (DCWP) will be holding an educational roundtable on May 22,...more
4/28/2023
/ Artificial Intelligence ,
Business Roundtable ,
City of New York ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Innovative Technology ,
Labor Reform ,
Machine Learning ,
Regulatory Agenda ,
State Labor Laws
On April 18, 2023, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case raising the issue of how great a burden an employer must bear in order to accommodate an employee’s religious belief or practices....more
4/19/2023
/ Adverse Employment Action ,
Civil Rights Act ,
Corporate Counsel ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Job Duties ,
Labor Law Violations ,
Oral Argument ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
USPS ,
Wage and Hour
After several rounds of public comment and revision, on April 5, 2023 New York City published final regulations implementing its first-in-the-nation ordinance that regulates the use of AI-driven hiring tools (Local Law 144 of...more
4/14/2023
/ Adverse Employment Action ,
Artificial Intelligence ,
Bias ,
City of New York ,
Employer Liability Issues ,
Employment Discrimination ,
Final Rules ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Machine Learning ,
Regulatory Agenda
With one day left to spare before the deadline to introduce new bills, on February 16, 2023, California Assemblymember Chris Holden (D-41) introduced Assembly Bill 1228, the “Fast Food Franchisor Responsibility Act.” This...more
2/22/2023
/ California ,
Employees ,
Employer Liability Issues ,
Fast-Food Industry ,
Franchisee ,
Franchisors ,
Joint Employers ,
Labor Reform ,
Proposed Legislation ,
Regulatory Agenda ,
Restaurant Industry ,
State Labor Laws ,
Wage and Hour
On December 13, 2022, the National Labor Relations Board (“Board”) made another move to expand relief available to workers who allege unfair labor practices by their employers. Historically, employees seeking relief under the...more
Amidst the flurry of activity taking place before the end of the 117th U.S. Congress, the House of Representatives quietly passed the Speak Out Act on November 16, 2022, by an overwhelming majority. The bill previously...more
12/13/2022
/ #MeToo ,
Anti-Harassment Policies ,
Biden Administration ,
Complaint Procedures ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Sexual Assault ,
Sexual Harassment ,
Unenforceable Contract Terms
New York City is deferring enforcement of its first-in-the-nation regulation of the use of AI-driven hiring tools (Local Law 144 of 2021), which was initially slated to go into effect on January 1, 2023. This past Friday...more
Readers will recall that in August 2022, OFCCP published a notice in the Federal Register advising employers that it was the subject of a Freedom of Information Act (FOIA) request seeking EEO-1 data from all federal...more
Technology has revolutionized the workplace and has bolstered business operations and efficiency. Employers are increasingly using automated management systems and other electronic means to ensure that their workplaces are...more
11/4/2022
/ Artificial Intelligence ,
Automation Systems ,
Employee Monitoring ,
Employee Privacy Rights ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Remote Working ,
Statutory Violations ,
Surveillance
It is old news to most covered employers that they are obligated to post certain notices for their workforce. What these employers may not know, however, is that the EEOC recently updated and replaced its “EEO is the Law”...more
On Friday, October 14, 2022, the Office of Management and Budget (OMB) and the Safer Federal Workforce Task Force (“Task Force”) announced that they anticipate further guidance will be issued following the narrowing of the...more
10/18/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
New Guidance ,
OMB ,
Preliminary Injunctions ,
Regulatory Agenda ,
Vaccinations ,
Workplace Safety
On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. FLSA...more
10/12/2022
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
On September 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) proposed additional rules relating to Local Law 144 of 2021, which will regulate the use of automated employment decision tools...more
I. The State of the U.S. Workforce -
In the early months of the pandemic, jobs declined by a staggering 22.2 million. The good news is that jobs recovery has been on the rise since February 2020. In July, the number of...more
On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more
On August 26, 2022, the U.S. Court of Appeals for the Eleventh Circuit upheld a lower court’s injunction of Executive Order 14042, President Biden’s executive order requiring employees working on federal government contracts...more
On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more
8/22/2022
/ Confidential Information ,
Corporate Counsel ,
Data Collection ,
Disclosure ,
EEO-1 ,
Employees ,
Employment Records ,
Equal Employment Opportunity Commission (EEOC) ,
Exemptions ,
Federal Contractors ,
Federal Register ,
FOIA ,
OFCCP ,
Title VII ,
Wage and Hour
On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 FAQs, with specific emphasis on viral testing, antibody tests, and other issues relating to workplace safety. The agency’s update...more