On May 16, 2024, the U.S. Department of Labor issued principles for employers (and developers) on the use of AI in the workplace. And unsurprisingly, given the Biden Administration’s pro-worker approach to employment issues, the “North Star” of these principles is the involvement of workers and their representatives in the implementation of AI in the workplace.Continue Reading The DOL’s AI Principles for Employers – An Emphasis on Worker Rights

In the aftermath of the Supreme Court’s decision rejecting affirmative action in college admissions, there have been well-publicized attacks on corporate diversity initiatives. And now the conservative advocacy group, America First Legal Foundation, is tackling the NFL and its Rooney Rule – a development of concern to employers who use diverse candidate slates in their hiring process. Continue Reading Wiping the (Diverse Candidate) Slate Clean?

This is true in the context of existing race discrimination concerns and complaints in this particular (non-union) workplace, according to the National Labor Relations Board in a case involving Home Depot. Notably, the Board asserted that, “Insofar as BLM has become a well-known abbreviation, and the phrase ‘Black Lives Matter,’ when displayed in the workplace, could reasonably be understood as referring to issues of racial equity and equality at work, it is arguable that displaying the phrase in the workplace, standing alone, would support a mutual aid or protection finding.” However, the Board stated that it was not deciding that issue here (and we add, “yet.”).Continue Reading Display of BLM Insignia = Protected Concerted Activity

On February 5, 2024, Laura Sacks, Regional Director for Region 1 of the National Labor Relations Board (“NLRB”), ruled that players on Dartmouth’s men’s basketball team are “employees” within the meaning of the National Labor Relations Act (“NLRA”).  While this decision may not come as a surprise in light of NLRB General Counsel Jennifer Abruzzo’s GC Memo 21-08 titled “Statutory Rights of Players at Academic Institutions (Student Athletes) Under the National Labor Relations Act”, this decision is likely to accelerate the transformation of college athletics that has already began with the NCAA’s suspension of name, image and likeness rules.Continue Reading March Madness in February? Unionization Heats Up College Sports Landscape

On January 29, 2024, the Maryland Department of Labor’s (MDOL) issued “draft” regulations to implement Maryland’s paid family and medical leave insurance (FAMLI) law, and invited public comment. Starting January 1, 2026 (caveat below), this law will provide most Maryland employees with 12 weeks of paid family and medical leave, with the possibility of an additional 12 weeks of paid parental leave, as we have previously detailed in our E-lerts from April 12, 2023 and April 12, 2022. We have identified the following items of interest or significance to employers in the regulations.Continue Reading Maryland’s “Draft” FAMLI Regulations – What Do They Say?

The Equal Employment Opportunity Commission just announced a resolution of its investigation into Groupon’s recruitment and hiring practices, with a rather unusual term that specifically benefits Black individuals – an issue of heightened sensitivity as employers have struggled with the employment implications of the Supreme Court’s recent decision banning affirmative action in college admissions. Continue Reading An Interesting Resolution to an EEOC Race Discrimination Investigation…

This week, the Equal Employment Opportunity Commission announced a $6.875 million settlement (ouch!) with Scripps Clinical Medical Group over its mandatory retirement age policy. Which reminded me that the EEOC has also sued Yale New Haven Hospital for its “Late Career Practitioner Policy,” requiring certain doctors age 70+ to undergo certain medical testing. Since my husband is a doctor (of a certain age), I am particularly interested in these developments – but I note that these principles apply across all employers.Continue Reading Mandatory Retirement or Medical Exams Based on Age?

A recent New York Times article highlighted the use and, frankly, abuse of Training Repayment Agreement Provisions (TRAP – oooooh, good acronym!), also known as stay-or-pay provisions. Under a TRAP, if an employee leaves their job before a certain specific amount of time has passed, they are required to pay back monies ostensibly tied to the costs of training, or finding a replacement, or even lost profits. The use of TRAPs appears to have significantly increased in recent years, and the Biden Administration is paying attention – and it is not happy.Continue Reading “Stay-or-Pay”? A Potential TRAP for Employers!

Well I think we all recognize that Artificial Intelligence (AI) has created some seismic shifts in the way things can be done, including in the workplace (and I covered many of the risks and concerns of generative AI for employers in our June 2023 E-Update). Governments at all levels are taking action to try to put guardrails on the use of AI. And now, President Biden has signed an Executive Order on “Safe, Secure and Trustworthy Artificial Intelligence,” as summarized in a Fact Sheet. This is a wide-ranging EO, but one of the areas it specifically addresses is the impact on workers. Continue Reading What Impact Will President Biden’s AI Executive Order Have in the Workplace?