LaborSphere, Author at Laborsphere

New York Artificial Intelligence Employment Law Delayed

The New York City Department of Consumer and Worker Protection (DCWP) announced that it will not start enforcing the law regulating automated employment decision tools until at least April 15, 2023. Local Law 144 of 2021 was scheduled to take effect January 1, but the DCWP attributed the delayed enforcement of the law to the high volume of public comments it received addressing its proposed regulations to implement the law. This law is the very first law within the United States squarely and comprehensively addressing the use of AI in making employment decisions. The law requires that before an employer uses an “automated employment decision tool” (AEDT, which is basically AI) that it conduct a bias audit within a year of using the tool, and that certain notices be given to candidates who may be subject to the AEDT, with an option to opt out of the AEDT process.

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No More Non-Disclosure and Non-Disparagement Clauses in Pre-Dispute Agreements Involving Sexual Harassment and Sexual Assault

On December 9, 2022, President Biden signed the “Speak Out Act” (the Act). The Act follows the enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which made pre-dispute arbitration agreements for sexual assault and sexual harassment claims invalid and unenforceable. The Act is similar to laws passed in California, Illinois, New Jersey, and New York in response to the #MeToo Movement. The Act became effective upon the President’s signature.

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Employers, There is a New EEOC Workplace Poster and You Should Post it Immediately

On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) released a new “Know Your Rights” poster, which replaces the former “EEOC is the Law” poster.

EEOC Chair Charlotte Burrows described the new poster as a “win-win for employers and workers… making it easier for employers to understand their legal responsibilities and for workers to understand their legal rights.”

Similar to the old poster, the new poster summarizes the federal anti-discrimination laws enforced by the EEOC:

Title VII of the Civil Rights Act;
The Americans with Disabilities Act;
The Equal Pay Act;
The Age Discrimination in Employment Act; and
The Genetic Information and Nondiscrimination Act.

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State & Local Employment Law Developments: Q3 2022

The trend of increasing workplace regulations by state and local governments continued throughout the third quarter of 2022. 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. (Please note that developments related to issues such as minimum wage rates and COVID-19 are not included.)

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NLRB Embraces Stringent Review of Employer Dress Codes

On August 29, the National Labor Relations Board (NLRB or the Board) overturned a 2019 decision concerning the lawfulness of employer-promulgated dress codes and workplace apparel policies. In Tesla, Inc., the Board majority held that a workplace rule or policy that limits an employee’s ability to wear union insignia and logos is presumptively unlawful unless the employer can show that special circumstances exist to justify such a rule.

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Restrictions on Hiring Personnel with Criminal Histories in the Insurance Industry

Over the last several years, federal and state governments have pushed employers to reemploy offenders, such as through tax incentives and subsidized training. Despite the public interest in such initiatives and programs, the insurance industry should take caution and consider specific, ongoing statutory obligations regulating or barring employment of individuals with certain criminal records.

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