On November 27, 2023, the California Privacy Protection Agency (CPPA) unveiled draft automated decisionmaking technology (ADMT) regulations that would set forth new consumer protections related to the profiling of consumers...more
11/30/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Data Profiling ,
Employer Responsibilities ,
Notice Requirements ,
Opt-In ,
Opt-Outs ,
Personal Information ,
Proposed Regulation ,
Public Comment ,
Regulatory Authority ,
Right-To-Access ,
Risk Assessment ,
Tracking Systems
On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. The legislation is intended in part to prevent discrimination in hiring against...more
11/28/2023
/ Amended Legislation ,
Anti-Discrimination Policies ,
Background Checks ,
Criminal Background Checks ,
Criminal Convictions ,
Criminal Records ,
Hiring & Firing ,
Human Rights Code ,
Misdemeanors ,
New Legislation ,
Sealed Records ,
State Labor Laws
The New York City ordinance banning discrimination in employment, housing, and public accommodations on the basis of an individual’s height and weight is set to go into effect on November 22, 2023....more
A star of a popular long-running reality TV was fired from her real estate job according to recent news reports over allegations that she used a racial slur during filming of the show. While an investigation into the incident...more
The United States celebrated Veterans Day on November 11, 2023, a holiday meant to honor military veterans of the United States Armed Forces. Employers may want to take this as an opportunity to consider the ways they can...more
On October 30, 2023, President Joe Biden signed an executive order (EO) on artificial intelligence (AI) in an effort to establish a “coordinated, Federal Government-wide approach” to the responsible development and...more
11/7/2023
/ Artificial Intelligence ,
Best Management Practices ,
Biden Administration ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Immigration Procedures ,
National Security ,
NIST ,
Public Policy ,
STEM ,
Technology Sector ,
Wage and Hour
The U.S. Securities and Exchange Commission (SEC) recently settled charges alleging that a company’s employee separation agreements restricted former employees from receiving monetary awards for reporting securities law...more
11/1/2023
/ Contract Terms ,
Corporate Counsel ,
Corporate Fines ,
Enforcement Actions ,
Restrictive Covenants ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Separation Agreement ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule for joint-employer status that will make it far more likely for one business to be deemed a joint employer of another business’s employees...more
10/30/2023
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Subcontractors ,
Vendors
Beginning January 1, 2024, California employees may have to pay overtime to more computer software employees who earn less than $115,763.35 per year, or $55.58 per hour, or $9,646.96 per month....more
10/24/2023
/ Consumer Price Index ,
Department of Industrial Relations ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
NPRM ,
Software Developers ,
State Labor Laws ,
Technology Sector ,
Wage and Hour ,
White-Collar Exemptions
Employers in New York will soon be required to provide employees with notice of their eligibility for unemployment benefits when an employer reduces an employee’s hours or where there is an interruption of continued...more
New York Governor Kathy Hochul recently signed legislation into law that will bar employers from accessing the personal social media accounts of employees and prospective employees....more
On October 13, 2023, California Governor Gavin Newsom signed a bill into law that will reinforce the state’s ban on noncompete agreements in employment by making it unlawful for employers to mandate that employees sign...more
The U.S. Department of Justice (DOJ) is offering more lenient treatment to companies that voluntarily self-disclose misconduct of a company being acquired that comes to light during a mergers and acquisitions (M&A)...more
10/18/2023
/ Acquisitions ,
Antitrust Division ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement ,
Mergers ,
Policy Statement ,
Safe Harbors ,
Voluntary Disclosure
On October 10, 2023, Governor Gavin Newsom signed into law a bill that will allow plaintiffs in California to continue pursuing claims during the pendency of an appeal to an order denying a petition to compel arbitration. The...more
Employers in Washington are facing a flurry of class actions alleging violations of the state’s new pay transparency law. While it is too early to gauge the viability of the claims, employers doing business in Washington may...more
10/17/2023
/ Class Action ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Governor Inslee ,
Injunctive Relief ,
Job Ads ,
Pay Transparency ,
Posting Requirements ,
Putative Class Actions ,
State Labor Laws ,
Wage and Hour
On September 15, 2023, the New York City Department of Consumer and Worker Protection adopted new amended rules related to New York City’s Earned Safe and Sick Time Act. The amended rules take effect on October 15, 2023....more
A recently enacted New York State law that took effect immediately restricts employers’ use of employment agreements which require that employees assign to their employer rights to inventions that were created by the employee...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed guidance seeking to clarify that harassment and discrimination based on LGBTQ+ status—including intentional misgendering, repeated use of...more
10/11/2023
/ Anti-Harassment Policies ,
Biden Administration ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Comment Period ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Gender Identity ,
Harassment ,
Proposed Guidance ,
Sexual Orientation ,
Title VII ,
Workplace Harassment Guidance
On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims...more
10/9/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Access Claims ,
Fair Housing Act (FHA) ,
Hospitality Industry ,
Hotels ,
Mootness ,
Oral Argument ,
Public Accommodation ,
SCOTUS ,
Standing ,
Title III ,
Websites
On September 28, 2023, the Internal Revenue Service (IRS) issued updated guidance for employers that have adopted or are considering leave-based programs that allow employees to donate sick, vacation, or personal leave to...more
Another federal government shutdown appears imminent as lawmakers reportedly remain deadlocked along partisan lines on an agreement to extend funding ahead of a 12:00 a.m. October 1, 2023 deadline. A government shutdown—which...more
9/29/2023
/ Contingency Plans ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Funding ,
Furloughs ,
Government Shutdown ,
Mine Safety and Health Administration (MSHA) ,
NLRB ,
OFCCP ,
OSHA ,
Public Employees ,
Regulatory Agencies
Just days before New York State’s pay transparency law went into effect, the state labor department unveiled new proposed regulations that seek to clarify employers’ obligations under the new law....more
On September 6, 2023, New York Governor Kathy Hochul signed a law that prohibits employers from requiring employees to attend employer-sponsored meetings the “primary purpose” of which is to communicate the employer’s...more
The New York state law requiring employers to disclose expected compensation ranges in advertisements for jobs, promotions, and transfers takes effect on September 17, 2023....more
Luis Rubiales resigned as the president of the Spanish soccer federation (RFEF) amid controversy over his kissing a women’s national team player without her consent following the team’s 2023 FIFA Women’s World Cup win. The...more