EEOC issues guidance on use of AI in hiring: Employment & Labor Insider
The Equal Employment Opportunity Commission issued some helpful guidance on Friday related to employers’ use of artificial intelligence and algorithms and the Americans with Disabilities Act. The Guidance purports to relate to all aspects of employment, but it’s really focused on hiring. The guidance is short and easy to read, even if you’re tech-challenged, as […]
Treasury Department Proposes Non-Loan Status for Earned Wage Access
In March, U.S. Department of Treasury issued its annual General Explanations of the Administration’s Revenue Proposals, commonly known as the “Green Book.” Among other revenue proposals, the Treasury addressed the treatment of on-demand pay arrangements or earned wage access (EWA) programs, which have risen in popularity in recent years (previously discussed in our Labor and […]
Federal Contractors: Register and Certify Your Affirmative Action Programs by June 30, 2022 (US)
The Office of Federal Contract Compliance Programs (OFCCP) will soon require federal contractors to use a Contractor Portal to register and certify that they have their required Affirmative Action Programs (AAP) in place. The portal launched February 1, 2022. Registration began on February 15 and certification began on March 31. Who will be required to use […]
Proposed new EU regulatory regime for Artificial Intelligence – more relevant to HR than you might think (UK)
For the last year or so the EU Commission has been working on the world’s first serious attempt to create a regulatory framework around the use of AI, the Artificial Intelligence Act. The Proposal itself runs to over 100 pages of dense type and no pictures, so is a fairly off-putting read at first look. […]
“And the nominations are…” — Global Edge up for more silverware in top client service awards
Back in November last year I wrote a series of posts here on all the whizzy new features offered by our updated international employment law resource, Global Edge 2.0. Since then (I claim only substantial credit for this), the thing has just flown out of the door. Recent client feedback on it has included these […]
“Bald” insult is sexual harassment, UK tribunal says: Employment & Labor Insider
A tribunal in the United Kingdom has reportedly ruled that insulting a man for being bald is sexual harassment. “YESSSSSSSSS!” According to news reports, the tribunal was made up of three bald men. (Should they have recused themselves?) Electrician Tony Finn alleged that, during an argument with his (male) supervisor in 2019, the supervisor called […]
Worker status questions – bringing the outside in (UK)
A basic principle of good employment law, you would think, should be that you can tell an employer when you are caught by it and when you are not. An early fail then for the rules around worker status, in particular following the EAT’s recent decision in Johnson –v- Transopco UK Limited, which appears to […]
Split of Authority Emerges Regarding Whether Employers Can Dismiss PAGA Lawsuits on Manageability Grounds
On March 23, 2022, the California Court of Appeal for the Fourth District in Estrada v. Royalty Carpet Mills, Inc., ruled that courts do not have authority to strike a claim under the Private Attorneys General Act (“PAGA”) due to a lack of manageability at trial. Estrada creates a split of authority with a pro-employer […]
SCOTUS to Determine Whether Highly Compensated Employees Are Entitled to Overtime Pay
On May 2, 2022, the Supreme Court of the United States (“SCOTUS”) granted an employer’s petition for review to determine whether highly compensated employees are entitled to overtime compensation under the Fair Labor Standards Act (“FLSA”) if they are paid on a daily rate and not on a salary basis. Background The FLSA requires that […]
Void vs. Voidable: The Distinction That Can Make or Break a Tortious Interference Claim in Light of the Great Resignation
Over the past two years, employee mobility seems to be at an all-time high. In fact, the labor market is so fluid that pundits and experts often refer to it as the “Great Resignation.” Although employee mobility can be a great opportunity for both employees and prospective employers, employers hiring new employees should always beware […]
