As we witnessed in Q1 and Q2, state and local governments continued to increase workplace regulations in Q3, including in regard to discrimination and harassment and paid leave. Read our update for an overview of recent and upcoming legislative developments to help you and your organization stay in compliance.
Continue reading “State & Local Employment Law Developments: Q3 2023”
Sens. Bob Casey (D-PA) and Brian Schatz (D-HI) have recently introduced the No Robot Bosses Act (the Bill) to the Senate in an effort to regulate employers’ use of automated decision systems in the workplace. The Bill covers past and present candidates for employment as well as workers “performing work for remuneration.” This broad definition is of particular importance as many employers use AI to sift through past applications to solicit reapplications if a new position opens up.
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Following the U.S. Supreme Court ruling in Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North Carolina, institutions seeking to admit diverse student bodies may need to review and ultimately revise their policies and practices in order to achieve that goal through appropriate means.
On August 14, 2023, the U.S. Department of Education (ED) and the Department of Justice (DOJ) jointly issued guidance to help postsecondary schools comply with the Supreme Court’s ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina et al. (together, SFFA). The SFFA decision held that race-conscious admissions policies violate the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. While the departments’ guidance provides institutions with suggested approaches for supporting student body diversity, it also leaves open other important questions, including the funding and use of race-conscious scholarships and other financial assistance.
The trend of increasing workplace regulations by state and local governments continued throughout the second quarter of 2023. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance.
Continue reading “State & Local Employment Law Developments: Q2 2023”
On April 20, 2023, the National Labor Relations Board (NLRB or the Board) added a new set of penalties to its remedial arsenal for employers who repeatedly or egregiously violate federal labor law. The new remedies supplement the expanded make-whole remedies and consequential damages established by the Board in its December 13, 2022, decision, Thryve, Inc.
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