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Job Applicants Hiring & Firing Employer Liability Issues

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

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

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

Mintz on

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

Benesch on

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

Amundsen Davis LLC

Navigating Genetic Privacy Compliance: Key Steps for Employers

Amundsen Davis LLC on

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

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?

Verrill on

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

BCLP

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

BCLP on

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

Jackson Lewis P.C. on

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

Fisher Phillips

Washington Lawmakers Cut Employers a Break for Job Posting Noncompliance: 7 Things You Should Do

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Washington employers will soon get some relief from the state’s strict job posting requirements after lawmakers unanimously passed a law to mitigate some of the more onerous parts of the key state statute. Starting July 27,...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

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A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your May To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Fisher Phillips

New Executive Order Takes On Disparate Impact Discrimination: 7 Major Takeaways for Employers

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In another major shift for workplaces, President Trump issued an executive order Wednesday with huge implications for employment discrimination claims. For decades, employers could face liability for policies and practices...more

Fisher Phillips

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

Fisher Phillips on

Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

Fisher Phillips

Massachusetts Employers Facing a Wave of Lie Detector Litigation: Why You Need to Review Your Applications to Ensure Compliance

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In recent months, Massachusetts employers have seen a flurry of lie detector-related litigation – all because unsuspecting employers failed to include a necessary disclaimer in their applications. A relatively obscure state...more

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

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