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 […]

“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 […]

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 […]