We have written extensively on mandatory vaccination policies and employers’ obligations to accommodate requests for exemption based on religious or disability grounds. The Fifth Circuit Court of Appeals has issued a recent...more
As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more
1/9/2020
/ Antitrust Provisions ,
Artificial Intelligence ,
Corporate Counsel ,
Decision-Making Process ,
Disability Discrimination ,
Due Diligence ,
Employer Liability Issues ,
Entrance Interviews ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Racial Bias ,
Recruitment Policies ,
Risk Mitigation ,
Section 5 ,
Software ,
Technology ,
Video Recordings
With 2019 nearly rolled up, it is time to exhale and recap the latest dose of marijuana laws affecting the workplace. In the last twelve months, Illinois became the eleventh state to legalize recreational marijuana use by...more
12/24/2019
/ Corporate Counsel ,
Decriminalization of Marijuana ,
Employer Liability Issues ,
Employment Policies ,
Financial Services Industry ,
Hiring & Firing ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Policies and Procedures ,
Recreational Use ,
State and Local Government
Increasingly, companies are using third-party digital hiring platforms to recruit and select job applicants. These products, explicitly or implicitly, promise to reduce or eliminate the bias of hiring managers in making...more
10/17/2019
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Data Collection ,
Data Retention ,
Disability Discrimination ,
Employer Liability Issues ,
Governor Pritzker ,
Hiring & Firing ,
Human Resources Professionals ,
Interviews ,
Job Applicants ,
New Legislation ,
Reasonable Accommodation ,
Recruitment Policies ,
State Labor Laws ,
Videoconference
On July 2, 2019, New Jersey joined Illinois, Nevada, New Mexico, New York City, and Oklahoma in enacting employment protections for authorized users of medical cannabis. New Jersey’s new medical cannabis law (“Law”), which...more
7/11/2019
/ Adverse Employment Action ,
Amended Legislation ,
Anti-Discrimination Policies ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Governor Murphy ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State Labor Laws
On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more
4/17/2019
/ Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Mayor de Blasio ,
OSHA
In a decision that could have sweeping effects on New Jersey employers with drug-free workplace and drug-testing policies, the New Jersey Appellate Division in Wild v. Carriage Funeral Holdings ruled that the New Jersey Law...more
As Gordon Gekko famously pronounced in the 1980s classic movie Wall Street, “The most valuable commodity … is information.” Those words have never rung truer than in today’s world and in today’s workplaces. And as the old...more
5/30/2018
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Benefit Plan Sponsors ,
Big Data ,
Corporate Social Responsibility ,
Cybersecurity ,
Department of Labor (DOL) ,
Diversity ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Human Resources Professionals ,
Pay Equity Laws ,
Popular ,
STEM ,
Voluntary Self-Audit
Five Issues in Focus for Financial Services -
For this edition of the Take 5 for financial services, we focus on a number of very well-publicized issues. The tidal wave of sexual harassment allegations that followed the...more
11/29/2017
/ Employer Liability Issues ,
Executive Compensation ,
Financial Services Industry ,
Hiring & Firing ,
Human Resources Professionals ,
Pay Gap ,
Pay Ratio ,
Political Speech ,
Risk Management ,
Salary/Wage History ,
Sexual Harassment ,
Trade Secrets
Employers in the health care industry are likely to face significant changes under President-elect Donald J. Trump’s administration and should expect a healthy dose of uncertainty for the next few months. During his campaign,...more
12/7/2016
/ Affordable Care Act ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Hiring & Firing ,
Non-Discrimination Rules ,
OCR ,
Patient Privacy Rights ,
Trump Administration ,
Unions ,
Vaccinations
The U.S. Equal Employment Opportunity Commission (“EEOC”) opened its doors on July 2, 1965, exactly one year after President Lyndon B. Johnson signed the Civil Rights Act of 1964. Title VII of that act (“Title VII”) prohibits...more
6/23/2015
/ Background Checks ,
Corporate Counsel ,
Criminal Background Checks ,
Discrimination ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
LGBTQ ,
Popular ,
Religious Discrimination ,
Strategic Enforcement Plan ,
Title VII ,
Transgender ,
Young Lawyers