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Job Applicants Employer Liability Issues

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

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An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

Spilman Thomas & Battle, PLLC

NLRB’s Acting General Counsel Provides Employers with Sweet Guidance About Union “Salts”

Unions sometimes use a strategy called “salting” to organize employees. It occurs when a union sends a union member (a “salt”) to an unorganized job site to obtain employment and then organize the employees. Because job...more

BakerHostetler

NLRB General Counsel Gets Salty: Directs Regions to Take a Closer Look at Whether an Applicant for Employment in a ‘Salting’ Case...

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On July 24, William B. Cowen, the acting general counsel (GC) of the National Labor Relations Board (NLRB or Board), issued GC Memorandum 25-08 (Memo) to the Board’s regional offices (Regions) to provide guidance on...more

Fisher Phillips

What PEOs Need to Know About the Current State of Workplace AI Regulation

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As employers across the country embrace the use of artificial intelligence in their workplace activities, federal and state lawmakers are lining up to consider guardrails on common AI practices. From hiring to performance...more

Foster Garvey PC

2025 Legislative Developments Affecting Washington Employers

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Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...more

Jackson Lewis P.C.

Iowa Amends Drug Testing Statute, Relieves Some Employer Burdens

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The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the changes will make...more

Sheppard Mullin Richter & Hampton LLP

California Approves Rules Regulating AI in Employment Decision-making

Effective October 1, 2025, updated regulations from the California Civil Rights Council will formally restrict the use of artificial intelligence (AI) tools in employment decision-making by California employers. In the...more

Littler

California Approves Landmark AI Employment Regulations

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On June 30, 2025, the California Civil Rights Council (“CRC” or “Council”) secured final approval for revisions to Title 2 of the California Code of Regulations, which governs administration of the California Civil Rights...more

Fisher Phillips

Washington State Workplace Law Roundup: Nearly 20 New Laws Taking Effect Within the Next Year – Starting Now

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Washington lawmakers were busy this year, and a wave of new laws will have a major impact on the workplace. Employers must be aware of significant workplace laws taking effect within the next year, including 11 new laws that...more

Mintz

Real Versus Robot: How to Make Sure You’ve Hired a Human

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My colleagues recently wrote about the problems AI deepfakes pose in the workplace and some current legislation addressing the risks that AI poses through exploitative images on social media and in the workplace. It is...more

Benesch

EPOA Amendments to Help Washington Employers Mitigate Liability Amid Forthcoming Decision in Branson v. Washington

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Washington State employers are eagerly awaiting a state Supreme Court decision regarding whether, under the Equal Pay and Opportunities Act (EPOA), a “job applicant” must have a good-faith or bona fide intent to secure...more

Husch Blackwell LLP

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

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In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more

Perkins Coie

2025 Washington Legislative Employment Law Update

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With the close of the 2025 Washington state legislative session, it is time to review the new employment laws and amendments that will affect businesses operating in Washington. Many of these changes take effect on July 27,...more

Amundsen Davis LLC

Navigating Genetic Privacy Compliance: Key Steps for Employers

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Most Illinois businesses well are aware of Illinois Biometric Information Privacy Act and the hundreds of lawsuits and multimillion dollar settlements it triggered. But there’s another Illinois privacy law quietly making...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Poyner Spruill LLP

U.S. Supreme Court Update: Recent Employment Law Decision

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On June 20, 2025, the U.S. Supreme Court issued another important decision in Stanley v. City of Sanford, Florida. This decision follows on the heels of Ames v. Ohio Department of Youth Services...more

Bradley Arant Boult Cummings LLP

AI, Deepfakes, and the Rise of the Fake Applicant – What Employers Need to Know

In an age of artificial intelligence and technological advances that improve the quality of deep fake programming, companies must remain vigilant to protect their brand and assets. They also have to be wary of who is applying...more

Bradley Arant Boult Cummings LLP

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more

Woods Rogers

Hiring Smarter: Best Practices for Interviews: What's the Tea in L&E?

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In this episode of What’s the Tea in L&E, Labor & Employment attorney Mike Gardner joins host Leah Stiegler for a deep dive into best practices for conducting interviews. They highlight the critical role of documentation in...more

Verrill

Compliance Check: Massachusetts Employers, Do Your Applications Contain Required Lie Detector Disclosures?

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Last year, the U.S. District Court for the District of Massachusetts issued a decision in Baker v. CVS Health Corporation with an important reminder to employers regarding their required disclosure in employment applications...more

Berkshire

Washington State Amends their Pay Transparency Law

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Washington State has further updated their Equal Pay and Opportunities Act (EPOA) to focus on increasing pay transparency efforts. While it initially prohibited sex- and gender-based pay discrimination, it has expanded upon...more

BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

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Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

Buckingham, Doolittle & Burroughs, LLC

What Employers Need to Know About Cleveland’s New Salary Transparency Ordinance

The Cleveland City Council passed Ordinance No. 104-2025 on April 28, 2025, requiring employers with 15 or more employees located in the City of Cleveland to include salary ranges in all job postings. Additionally, the...more

Jackson Lewis P.C.

Washington State’s Amended Pay Transparency Law Includes Grace Period for Employers to Cure Job Postings

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Washington State has taken a significant step for employers under its pay transparency law by giving employers a five-business-day grace period to correct violations in job postings and limiting the damages plaintiffs can...more

Davis Wright Tremaine LLP

UPDATE: Washington Amends Wage Transparency Law, Offering Five-Day Window To Correct Job Postings

On Tuesday, May 20, Washington Gov. Robert Ferguson signed an important amendment to the Equal Pay Act that grants employers at least temporary reprieve from liability for a job posting that fails to comply with the act's...more

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