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Labor and Employment Legal News
Hourly and around the clock, the National Law Review's editors screen and classify breaking labor & employment law news and analysis authored by recognized legal professionals and our own journalists.
In-house attorneys looking for a better way to organize, vet, and easily retrieve legal news created the National Law Review online edition.
There is no log-in to access the database and new articles are added hourly.
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Artificial Intelligence (AI) Employment Discrimination Laws Proposed in Six States: What Employers Need to Know (US)
We recently wrote about Colorado’s historic law aimed at protecting, among others, employees and employment applicants from harm arising out of the use of artificial intelligence (AI) systems. Although Colorado is the first state to pass legislation addressing AI-based discrimination, similar bills have been proposed in at least six other states as well as at the federal level, with a recent Executive Order discussing a wide range of issues arising from the private-sector use of AI systems, including discrimination in the employment context. All US employers should take note of this trend and prepare for the possibility of new compliance obligations resulting from employer use of AI systems.
More on AI Employment Discrimination Laws Here >
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Top Five Labor Law Developments for May 2024
The National Labor Relations Board is appealing a Texas district court’s ruling that struck down the Board’s 2023 joint-employer rule as unlawfully overbroad. U.S. Chamber of Commerce v. NLRB, No. 6:23-cv-00553-JCB (E.D. Tex. May 7, 2024). The rule sought to broaden the Board’s prior standard by finding two entities are joint employers when one entity possesses the authority to control at least one of seven enumerated essential terms and conditions of employment of the other entity’s employees, regardless of whether the first entity actually exercises that control.
More on Labor Law News for May 2024 Here >
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Ensuring Compliance: The 2023 DOL Retrospective Review
The Department of Labor (“DOL”) continues to require the completion of a Retrospective Review. The Retrospective Review (the “Review”) requirement of Prohibited Transaction Exemption 2020-02 (the “PTE”) is designed to assist in detecting and preventing violations of, and achieving compliance with, the Impartial Conduct Standards and the policies and procedures adopted for compliance with the PTE.
More on the 2023 DOL Retrospective Here >
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Equal Employment Opportunity Commission Goes After Employers Who Failed to File EEO-1 Reports
The EEO-1 report, mandated by Title VII of the Civil Rights Act of 1964, requires private employers with 100 or more employees, as well as employers who contract with the federal government with 50 or more employees and contracts of $50,000 or more, to submit data on the racial/ethnic and gender composition of their workforce. This reporting is accomplished by completing and filing a standardized form known as the EEO-1. The workforce demographic data on the EEO-1 is used for a variety of purposes, including targeting companies for enforcement, analytics and research, and employer self-assessment.
More on EEOC Regulations Here >
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FTC Files Brief to Stave Off Challenge to Rule Banning Non-Competes
Yesterday (May 29), in Ryan, LLC et al. v. The Federal Trade Commission, the FTC filed its response in opposition to Plaintiffs’ request to stay/enjoin the FTC Rule banning non-competes from taking effect on September 4. The Court has committed to issuing a decision on Plaintiffs’ request no later than July 3. Consistent with commentary to the Rule, the main thrust of the FTC’s response argues it has authority to issue the Rule pursuant to the Federal Trade Commission Act’s directive that Congress “empowered and directed” the FTC to prevent the use of unfair methods of competition through rulemaking.
More on Challenges to FTC Non-Compete Rule Here >
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