Transparency in employment practices has become a cornerstone of fair and equitable workplaces, and a new law in New Jersey aims to strengthen these principles. The legislation requires employers to take proactive steps to ensure transparency in promotional opportunities and employment listings, providing employees and job seekers with critical information about opportunities and compensation. Under … Read more
The Consumer Financial Protection Bureau (CFPB) has issued new guidance clarifying that employers must comply with the Fair Credit Reporting Act (FCRA) when using third-party background dossiers and algorithmic scoring systems for employment decisions. In Circular 2024-06, released October 24, 2024, the CFPB emphasizes that the rise of worker monitoring technology and AI-driven assessment tools … Read more
The U.S. Department of Labor has unveiled comprehensive guidance on artificial intelligence in the workplace, marking a significant shift in how the federal government approaches workplace automation. This initiative, spearheaded by Acting Secretary Julie Su and responding to President Biden’s Executive Order on AI, provides a detailed framework for both AI developers and employers to … Read more
In a previous post, we explored the question of whether artificial intelligence will induce laziness in humans. Building on that discussion, this article delves into potential legal solutions to address AI-generated indolence. As AI continues to permeate various aspects of our daily lives, it’s crucial to consider how legal frameworks can evolve to mitigate any … Read more
As artificial intelligence continues to permeate various aspects of our daily lives, one can only wonder: Will AI make us lazy? This blog post explores the potential for AI to influence human behavior, particularly in terms of reducing motivation and effort, and examines the legal implications that may arise from this phenomenon. Task Automation and … Read more
In a groundbreaking move, Illinois has amended its Human Rights Act to address the growing use of artificial intelligence in the workplace. These changes, set to take effect on January 1, mark a significant step forward in protecting workers’ rights in the age of AI. The amended Act introduces clear definitions for “Artificial Intelligence” and … Read more
The US Department of Labor has issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other Federal Labor Standards. The key points in the Bulletin are as follows: In summary, the Field Assistance Bulletin emphasizes that employers cannot abdicate their responsibilities under federal … Read more
On May 7, 2024, the New Jersey Supreme Court ruled that non-disparagement provisions preventing the discussion of discrimination, retaliation or harassment claims are unenforceable. This decision emerged from Christine Savage’s case against the Township of Neptune Police Department. Savage, who had previously settled a lawsuit under the New Jersey Law Against Discrimination (LAD), later made … Read more
As the adoption of artificial intelligence continues to grow, its applications in the hiring process have garnered significant attention. While AI promises increased efficiency and objectivity, it’s crucial to recognize the potential pitfalls and drawbacks that come with relying too heavily on this technology. In this blog post, we’ll look at the disadvantages of using … Read more
AI systems can take on many tasks that human assistants traditionally perform, but they certainly won’t replace human assistants anytime soon. AI excels at automating routine, repetitive tasks like data entry, scheduling, and information lookup. Hence, AI can augment and assist human assistants by handling the more mundane aspects of their jobs. However, human assistants … Read more
Non-competition / Employer: no loss, all gain / Sign the non-compete / Non-competition / Employee: fettered in chain? / Hold the non-compete / More on non-competition agreements here.
The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) gives workers who lose their health benefits and their families the right to choose to continue group health benefits for limited periods of time under certain circumstances such as job loss, reduction in the hours worked, transition between jobs, death and divorce. Qualified individuals may be required to … Read more
It’s imperative that businesses classify their employees properly for legal (and moral) reasons. Let’s consider the factors that determine whether a worker is an employee or an independent contractor and, if an employee, whether the worker is exempt from pay rate regulations. W-2 Employee or 1099 Independent Contractor Government taxing and labor agencies are both … Read more
Restrictive covenants – agreements not to do certain things – are common in employment agreements. The most common: non-disclosure, non-solicitation, and non-competition. Let’s talk about non-competition agreements or non-competes. Companies often ask employees to sign non-competes. Their basic purpose is to protect the employer when (inevitably?) the employee moves on to other (greener?) pastures, by … Read more