Two recent developments involving the U.S. Department of Justice's Civil Rights Division ("DOJ") highlight potential risks and opportunities for companies facing immigration-related employment matters....more
11/20/2023
/ Administrative Law Judge (ALJ) ,
Appointments Clause ,
Class Action ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Employment Policies ,
Foreign Workers ,
H-1B ,
Hiring & Firing ,
Immigration Status Discrimination ,
OCAHO ,
PERM ,
Visas
Federal and state regulators are increasingly focusing their attention on artificial intelligence (“AI”) tools, including the use of automated decision-making tools in employment. This White Paper explores current uses of AI...more
In Short -
The Background: In recent months, artificial intelligence ("AI") platforms have taken the world by storm, introducing new, powerful tools for generating original and useful content based on training data and user...more
6/12/2023
/ Algorithms ,
Artificial Intelligence ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Defend Trade Secrets Act (DTSA) ,
EULA ,
Machine Learning ,
Popular ,
Third-Party ,
Trade Secrets
In Short -
The Situation: The CHIPS Act provides over $50 billion in the form of grants, loans, loan guarantees, and other programs to incentivize semiconductor manufacturing in the United States. The U.S. Department of...more
New York City regulators have finalized rules implementing the city's law requiring bias audits of automated employment decision tools, publication of audit results, notice to employees, and other requirements....more
In Short -
The Situation: The National Labor Relations Board ("NLRB" or "Board") recently issued a Notice of Proposed Rulemaking to articulate the standard for determining joint-employer relationships under the National...more
President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation...more
The Situation: With COVID-19 vaccination campaigns underway throughout Europe, employers are eager for a return to pre-pandemic activities. However, given the pace of the vaccine roll-out and ongoing workplace restrictions...more
The Situation: Recent amendments to the Illinois Human Rights Act ("IHRA") restrict Illinois employers from relying upon conviction records to make adverse employment decisions unless they comply with new substantive and...more
The Situation: Recent amendments to the Illinois Equal Pay Act of 2003 and Illinois Business Corporation Act of 1983 create significant new reporting and certification requirements for Illinois employers, along with new...more
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
The Situation: With COVID-19 vaccination campaigns underway throughout Europe, employers are now evaluating how the availability of vaccines may impact their own workforce, including whether they can make vaccination...more
The Situation: A rising number of lawsuits by former and current employees claim that workplaces not complying with COVID-19 health guidelines are public nuisances requiring abatement.
The Result: Courts are split on...more
The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more
9/30/2020
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Proposed Rules ,
Wage and Hour
The Situation: Employers face an increased risk of COVID-19-related employment practices liability ("EPL") claims as more employees return to the workplace while the virus continues to spread in many states and cities.
The...more
Most trade secret misappropriation is the work of a company employee or former employee. Jones Day partners Andrea Weiss Jeffries, Steve Zadravecz, Rebecca Swindells, Dr. Christian Paul, and Jon Linas explain why strategic,...more
The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more
9/17/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Rules ,
Rulemaking Process ,
Wage and Hour
A Department of Labor rule provides that payments other than fixed salary are compatible with the fluctuating workweek method of calculating overtime pay under the FLSA.
The Department of Labor's Final Rule, which took...more
The Situation: New COVID-19 testing technologies may provide for more reliable and less invasive options for use in COVID-19 screening programs by employers and others.
The Action: The U.S. Food and Drug Administration...more
As the United States and other countries gradually ease stay-at-home orders and mandatory lockdowns, data-driven technologies have become increasingly discussed as a potential strategy for tracing and mitigating the further...more
7/13/2020
/ Biometric Information ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Employer Liability Issues ,
Employer Responsibilities ,
Federal Trade Commission (FTC) ,
Health and Safety ,
Infectious Diseases ,
Popular ,
Private Sector ,
Re-Opening Guidelines ,
Workplace Safety
When properly employed, liability waivers—contractual provisions by which one party agrees to relinquish the right to recover for certain injuries—can be an effective means of minimizing the risks arising from the...more
The novel coronavirus (COVID-19) outbreak, first identified in Wuhan, China, has spread beyond China's borders to dozens of countries, infecting tens of thousands of people and causing a mounting number of fatalities. In...more
3/9/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Force Majeure Clause ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Publicly-Traded Companies ,
Risk Management ,
Transportation Industry ,
Traveling Employee ,
Workplace Safety
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. Due in...more
12/31/2019
/ Acquisitions ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Former Employee ,
Intellectual Property Protection ,
Judgment As A Matter Of Law ,
Misappropriation ,
Non-Disclosure Agreement ,
Patents ,
Permanent Injunctions ,
Popular ,
Remedies ,
Sovereign Immunity ,
Trade Secrets ,
Uniform Trade Secrets Acts
The Situation: There have been numerous reports that computer algorithms used in artificial intelligence ("AI") systems have created or contributed to biased and discriminatory outcomes. To reduce such bias and...more
6/27/2019
/ Algorithms ,
Artificial Intelligence ,
Cybersecurity ,
Data Protection ,
Disparate Treatment ,
Federal Trade Commission (FTC) ,
Popular ,
Predictive Analytics ,
Proposed Legislation ,
Technology Sector ,
Title VII
California courts are known for the skepticism with which they approach post-employment restrictive covenants. Until recently, however, they have generally enforced covenants restricting individuals from soliciting their...more