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 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
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
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
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
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
The Situation: The United States Court of Appeals for the Ninth Circuit considered whether an employer's consumer report disclosure form, which contained a combination of disclosures mandated by the Fair Credit Reporting Act...more