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The recent advancements in Artificial Intelligence (AI) and the emergence of ChatGPT have opened up new possibilities for employers to enhance efficiency and reduce human error. But with these advances comes potential risk.  Acknowledging the advent of the use of AI in the workplace, the Equal Employment Opportunity Commission (EEOC) launched its Artificial Intelligence and Algorithmic Fairness Initiative in late 2021.  On May 18, 2023, the EEOC released a technical assistance document addressing the use of AI by employers when making employment decisions such as hiring, promotion, and firing. …

Continue Reading Possible Bias in AI Selectivity?  EEOC Issues Guidance on Use of Artificial Intelligence in Employment Selection Procedures

May 11, 2023 marked the end of the two federal COVID-19 Emergency Orders.  To address the announced end of the COVID-19 Public Health Emergency Orders, on May 15, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued key updates to its COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”…

Continue Reading New EEOC COVID-19 Updates

New York State has released updated sexual harassment prevention materials for employers, which now include information related to gender identity, bystander intervention, remote work, and new methods of reporting harassment.  Following the release of a proposed “Sexual Harassment Prevention Model Policy” on January 12, 2023, and a subsequent notice and comment period, the New York Department of Labor released its final updated Sexual Harassment Model Policy (the “Model Policy”) for employers on April 11, 2023.  Employers may adopt the new Model Policy, or they may write their own policy, provided that such policy complies with minimum standards outlined in New York Labor Law section 201-g.…

Continue Reading New York State Releases Its Finalized Updated Model Sexual Harassment Prevention Policy

The California Supreme Court heard oral argument today in Adolph (Erik) v. Uber Technologies, Inc., S274671, on the question of whether Private Attorneys’ General Act claims under Labor Code section 2698, et seq. (PAGA) can be brought on behalf of other employees in court despite a plaintiff’s agreement to arbitrate his/her individual PAGA claims. …

Continue Reading Individual Arbitration Agreements and PAGA Representative Claims—Where Do We Stand Now?

The National Labor Relations Board (“NLRB”) continues to expand the scope of remedies available when an employer commits an unfair labor practice under the National Labor Relations Act (“NLRA”).  On April 20, 2023, the NLRB issued a decision in Noah’s Ark Processors, LLC d/b/a/ WR Reserve, 372 NLRB No. 80 (2023), finding that a Nebraska meat processor bargained in bad faith and unlawfully implemented its last, best, and final offer in the absence of a valid impasse.…

Continue Reading NLRB Puts Employers On the Hook for Expanded Remedies for Unfair Labor Practices

Alcohol dependence can raise significant implications for health, work performance and safety in the workplace. Employers should be prepared to address these concerns with a well-drafted policy that sets out the procedures to follow should any concerns be raised. The following are suggested for such a policy:…

Continue Reading A UK Perspective on Dealing with Alcohol Dependence in the Workplace

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Employers now have some guidance on the National Labor Relations Board’s (“NLRB”) recent decision finding that certain non-disparagement and confidentiality provisions in severance agreements violate the National Labor Relations Act (“NLRA”). In McLaren Macomb, the NLRB held that an employer violates the NLRA by merely offering a severance agreement with such provisions. As a reminder, Mclaren Macomb applies to all non-supervisory employees at all employers, not just employees who are members of a union and not just to unionized employers. A more detailed discussion of the case itself can be found here.…

Continue Reading NLRB General Counsel Answers Questions on Severance Agreements in New Memorandum

Los Angeles City retail workers will join the ranks of employees in other cities who have more predictable work schedules starting April 1, 2023 (Los Angeles Municipal Code §§ 185.00–185.16 and 188.00–188.15). …

Continue Reading Los Angeles City’s Fair Work Week Ordinance Provides Predictable Scheduling for Certain Retail Employees

Law and Order - High Court

In January 2020, New Jersey passed significant amendments to the state’s Millville Dallas Airmotive Plant Job Loss Notification Act (the “NJ WARN Act”) that were to go into effect in July 2020.  Due to the COVID-19 pandemic, the effective date was delayed, but on December 19, 2022, the New Jersey legislature passed A-4768, which, when it becomes effective on April 10, 2023, will result in a significant expansion of the NJ WARN Act.…

Continue Reading WARNing:  Updates to the New Jersey Plant Closing Law Coming Soon