We previously reported that disability advocates for many years had been asking for action with respect to the use of artificial intelligence (“AI”) tools, as it is estimated that approximately 80% of employers use some form of automated tool to screen candidates. To that end, on May 12, 2022, the U.S. Equal Employment Opportunity Commission
In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of workers with respect to their ability to choose whether or not they wanted to be represented by a union.
More specifically, in
Since at least 1978 when the U.S. Equal Opportunity Commission (“EEOC”) issued guidance on hiring tools, employers have known that they need to analyze carefully any testing procedures they utilize to screen potential employees and current employees in order to ensure that they are properly validated and do not discriminate against individuals or protected classes
Shortly after taking office in January, 2021, President Biden created the White House Task Force on Worker Organizing and Empowerment. The Task Force’s mission is to develop policies, programs and practices to promote worker organizing and collective bargaining. It is chaired by Vice President Harris, its vice chair is Labor Secretary Marty Walsh, and its
As we all know by now, on November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to protect workers in businesses with more than 100 employees from the Coronavirus, and on November 6, 2021, the Fifth Circuit Court of Appeals stayed enforcement of the ETS. B.S.T. Holdings, LLC,
As anticipated and reported in a prior blog discussing action items on President Biden’s agenda, and as foreshadowed by the Notice of Proposed Rulemaking issued by the U.S. Department of Labor (DOL) in March, 2021, the DOL on July 30, 2021 withdrew the prior Joint Employer Final Rule that was published during the Trump administration,
Employment practices liability insurance policies, commonly referred to as EPLI, provide protection against large jury verdicts rendered in cases involving employment discrimination, harassment and other employment law violations. These policies also typically call for insurers to pay the costs of defense counsel in excess of the employer’s retention.
While these policies may indeed provide significant
Under Section 707 of Title VII of the 1964 Civil Rights Act (“Title VII”), the U.S. Equal Employment Opportunity Commission (“EEOC” or “the Commission”) has the authority to bring a suit when “a person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the
Section 7 of the National Labor Relations Act (“NLRA”) protects employees who engage in concerted activity. Since the Atlantic Steel case in 1979, the National Labor Relations Board (“NLRB” or the “Board”) has applied a four-part test to determine whether that protection extends to offensive language, often times finding offensive speech to be protected on
On May 30, 2019, the Office of Labor-Management Standards (“OLMS”) within the U.S. Department of Labor issued a notice seeking comments on a proposed rule that would require labor organizations to submit annual financial reports for trusts in which the labor organization has an interest.
The OLMS oversees the financial disclosure statements required of labor