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Amidst Increased Video Interviews, Employers Must Keep Law in Mind

Since shelter-in-place and self-isolation orders have become the norm around the country, more employers are utilizing video interview tools in lieu of interviewing candidates in person. These tools allow HR and hiring teams...more

NYC Employers: Watch For Proposed NYC Legislation Limiting the Use of AI in Hiring

New York City is considering proposed legislation that would regulate the use of artificial intelligence in hiring. If passed, the new law would (effective January 1, 2022) require that, in order to sell an “automated...more

Charting a Safe Course Into Equal Pay "Safe Harbors"

The rising tide of state pay equity legislation shows no sign of abating, with several new laws set to become effective in 2020 and 2021. Many of these laws differ from the federal Equal Pay Act by defining comparable work...more

EEOC Finds Age-Restricted Advertisements Violate ADEA

Approximately two years ago, a number of employers received charges of discrimination alleging that they discriminated against applicants by restricting the recipients of employment advertisements on Facebook. The EEOC just...more

Home Health Care Misclassification Lawsuits Rising

Plaintiffs’ wage-and-hour class action lawyers are constantly looking for new groups of employees whom they can claim are inappropriately classified as exempt. In previous decades, plaintiffs’ lawyers focused on mortgage...more

Tech Support Independent Contractor Class Claims Climbing

Wage-and-hour class litigation tends to come in waves. In 2019, we are seeing another wave gather on the horizon: misclassification collective actions alleging that companies have improperly classified at-the-elbow (“ATE”)...more

Appellate Court Rules that Age Bias Disparate Impact Theory Pertains to Employees, Not Applicants

The 7th Circuit Court of Appeals ruled on January 23, 2019, that assertions of age discrimination arising from facially neutral hiring policies can be brought only by a company’s employees, not by job applicants. In Kleber v....more

Employers Should Immediately Review Recruitment Ad Practices Due to Facebook Class Litigation

A little over a year ago, three major employers—T-Mobile, Amazon, and Cox Communications—were sued for allegedly discriminating on the basis of age in the way they recruited new employees via Facebook. The plaintiffs’ lawyers...more

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