On August 9, 2024, Illinois Governor J.B. Pritzker signed into law H.B. 3773 (the "Act"), making Illinois the second state to pass broad legislation on the use of artificial intelligence ("AI") in employment decisions....more
10/30/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hiring & Firing ,
Illinois ,
Job Applicants ,
Labor Reform ,
Machine Learning ,
New Legislation ,
State Labor Laws
The Situation: While U.S. states continue to legislate pay equity and transparency obligations, significant changes are on the horizon in the European Union that will impact U.S. companies with sizeable operations there. The...more
6/6/2024
/ Disclosure Requirements ,
Due Diligence ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
EU ,
EU Directive ,
Federal Labor Laws ,
Gender-Based Pay Discrimination ,
International Labor Laws ,
Labor Reform ,
New Rules ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Reporting Requirements
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
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: On January 10, 2023, New Jersey Governor Phil Murphy signed A-4768, which started a 90-day countdown to the effective date of amendments (S-3170) to New Jersey's WARN Act, the Millville Dallas...more
In Short -
The Situation: On December 29, 2022, President Biden signed the Pregnant Workers Fairness Act ("PWFA") and the Providing Urgent Maternal Protections for Nursing Mothers Act ("PUMP Act") into law....more
Under legislation signed into law last week, New York employers cannot assess points, deduct time from a time bank, or otherwise penalize an employee for using a legally protected absence. The law takes effect February 20,...more
In Short -
The Situation: The national trend toward pay equity is gaining momentum, leading to transformative changes for employers. A growing list of states and local jurisdictions are enacting pay transparency laws,...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
On March 15, 2022, to coincide with this year's "Equal Pay Day," the OFCCP issued a new Directive on pay equity audits. Its stated purpose is to "provide guidance on how OFCCP will evaluate federal contractors' compliance...more
4/15/2022
/ Biden Administration ,
Compensation & Benefits ,
Employer Liability Issues ,
Equal Pay ,
Federal Contractors ,
Labor Reform ,
New Guidance ,
OFCCP ,
Pay Equity Laws ,
Pay Transparency ,
Wage and Hour
On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more
3/18/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
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: 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
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
On May 9, 2018, New York City Mayor Bill de Blasio signed legislation designed to combat workplace sexual harassment. Similar legislation was passed as a part of the New York State Budget enacted on April 12, 2018. To ensure...more
5/23/2018
/ #MeToo ,
Commission on Human Rights ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Federal Arbitration Act ,
Hiring & Firing ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Mayor de Blasio ,
Non-Disclosure Agreement ,
Sexual Harassment ,
State Labor Laws
New York City's Freelance Isn't Free Act ("Act") took effect on May 15, 2017, and applies to any freelance contracts or agreements entered into on or after that date. The Act requires all agreements for freelance work of a...more