California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers...more
New York City will begin enforcing the New York City Automated Employment Decision Tools (“AEDT”) Law, on July 5, 2023, delaying the previously announced enforcement date of April 15.
On April 6, 2023, after two sets of...more
4/10/2023
/ Automated Decision Systems (ADS) ,
City of New York ,
Comment Period ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
Proposed Legislation ,
Proposed Rules ,
State Labor Laws
On June 8, 2022, Colorado Governor Jared Polis signed Colorado House Bill 22-1317 (the “Bill”), which was passed by the Colorado Legislature on May 10, 2022. Effective 90 days from the end of the legislative session – on...more
6/13/2022
/ Contract Terms ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
Employers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job...more
On October 28, 2021, Equal Employment Opportunity Commission (“EEOC”) Chair Charlotte A. Burrows announced that the agency is launching an initiative to ensure that artificial intelligence (“AI”) used at all stages of the...more
Employers have increasingly embraced artificial intelligence (“AI”) in the workplace, using the technology to maximize efficiency in nearly every aspect of the employment relationship including hiring, performance management,...more
A federal judge recently held that researchers who violate a website’s terms of service by creating fake online accounts in order to study algorithmic bias in artificial intelligence software do not violate the Computer Fraud...more
4/15/2020
/ Age Discrimination ,
Algorithms ,
American Civil Liberties Union (ACLU) ,
Artificial Intelligence ,
Bias ,
Computer Fraud and Abuse Act (CFAA) ,
Criminal Liability ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Fake Online Accounts ,
First Amendment ,
Policies and Procedures ,
Race Discrimination ,
Scientific Research ,
Sex Discrimination ,
Terms of Service
A new Vermont law will require most employers to provide paid sick time to employees. Vermont is the fifth state to adopt a paid sick leave law, following Connecticut, California, Massachusetts, and Oregon. The law will be...more
Voters in Elizabeth, New Jersey overwhelmingly approved a public question on the ballot requiring private-sector employers in the city to provide paid sick leave to their employees. Elizabeth follows the lead of multiple...more
New Jersey’s so-called “ban the box” law took effect on March 1, preventing most employers in the State from asking about a prospective employee’s criminal history on the initial job application and until after the first...more
Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more
The New Jersey Supreme Court has agreed to address whether a trial court erred in denying remittitur on a whopping $1.4 million award for emotional distress damages in a racial discrimination suit brought under the Law...more
2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the new year....more
1/2/2015
/ Adverse Employment Action ,
Audio Recording ,
Confidential Documents ,
Dodd-Frank ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare ,
Medical Devices ,
Public Employers ,
Quality of Care Standards ,
Retaliation ,
Trade Secrets ,
Whistleblowers
2014 Year in Review—the Top 10 Trends in New Jersey Employment Law -
2014 was another busy year for developments in New Jersey employment law. This newsletter examines noteworthy developments in ten key...more
1/2/2015
/ Arbitration ,
Background Checks ,
Criminal Background Checks ,
Discrimination ,
Ebola ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Sick Leave ,
State of Emergency ,
Wage and Hour ,
Whistleblower Protection Policies
Last week, the New Jersey Supreme Court agreed to address whether to uphold a provision in a job application that limited the time in which an employee could sue the company to no more than 6 months after an alleged adverse...more
The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background...more
Pennsylvania, like many states, has restricted employer use of criminal history in hiring and other employment decisions. Under the Criminal History Record Information Act (CHRIA), Pennsylvania employers may “consider”...more
Third Circuit Renders Important Decisions on FMLA and FLSA -
In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more
LAD Roundup -
In recent weeks, New Jersey's primary employment discrimination statute—the Law Against Discrimination (LAD)—has been the focus of judicial scrutiny....more
In recent weeks, New Jersey’s primary whistleblower statute—the Conscientious Employee Protection Act (“CEPA”)—has been the subject of increased judicial scrutiny.
In Hitesman v. Bridgeway, Inc., 214 N.J. 235 (2014),...more
In recent weeks, New Jersey's primary whistleblower statute—the Conscientious Employee Protection Act ("CEPA")—has been the subject of increased judicial scrutiny....more
Tennessee's governor recently signed three new employment laws. The first, a social media law, takes effect on January 1, 2015, and provides applicants and employees with social media protections similar to those in fifteen...more
The Newark Department of Child and Family Well-Being (Department) recently issued a press release on the City's new paid sick leave ordinance (Ordinance) together with FAQ forms for employees and employers. In the release,...more
2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more
1/13/2014
/ Anti-Discrimination Policies ,
Arbitration ,
Civil Rights Act ,
Compliance ,
Criminal Background Checks ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Non-Compete Agreements ,
Paid Leave ,
Passwords ,
Restrictive Covenants ,
Social Media ,
Social Media Policy ,
Title VII ,
Wage and Hour ,
Whistleblower Protection Policies