The Equal Employment Opportunity Commission has issued new guidance on the use of so-called “Artificial Intelligence” or AI software in making employment decisions. This guidance seeks to explain how this sort of software can be used in an employment context, and is meant to help employers learn how to use AI without running afoul of the law. Employers should be careful when using AI tools to respect labor and employment law, and to avoid infringing on the rights of workers.
A new bill introduced in the United States House of Representatives would require employers to increase wage transparency for job postings. The bill, dubbed the “Salary Transparency Act,” would force employers to post the wage or wage range for any job posted for people to apply to, whether internally or publicly. This is meant to make it easier for job applicants to know the compensation of the jobs they are applying for before they go through the effort of the application process.
A new law in New York City, known as Local Law 144 or the “Automated Employment Decision Tools Law,” will soon come into effect. This law will substantially impact the ability of employers to use resume scanning software to make employment decisions, by forcing them to demonstrate the programs are unbiased in their decision making. The law will go into effect on April 15, at which point employers using these programs in NYC will need to comply with the law’s requirements.
Non-disclosure agreements, also known as NDAs, are a commonly seen tool in many aspects of business law, but one of the places they are most often seen is in employment contracts. There, they are used to protect the interests of employers, as well as their clients or customers, but can also be used to silence employees complaining about poor working conditions. But what exactly is an NDA, and how are they used in an employment context?
Mandatory arbitration agreements have become more common in the past few years, with some employers requiring them of every employee that works for them. These agreements, while poorly understood, can have a substantial impact on an employee’s ability to exercise their legal rights. But why do employers like mandatory arbitration agreements, and why do they put them into employment contracts? Continue reading “Why Do Employers Like Mandatory Arbitration Agreements?”
By far the most common type of employment in the United States is what is known as at-will employment. In fact, it is estimated that nearly three quarters of all employees in the U.S. are considered to be at-will employees. But what does it mean for someone to be employed at-will, and why might that matter for you?
Starting on May 15, 2022, New York City will require all employers in the city with four or more employees to disclose the acceptable salary range for any position it advertises. This is meant to deal with a surprisingly common problem, where employers would advertise a position without also advertising the salary, leading to what many would consider deceptive business practices. This information can help potential job applicants to ensure they are making an amount of money appropriate to their position, rather than having to operate blind. Continue reading “New York City Mandates Salary Range Disclosure Starting May 15”
An article in the National Law Review has noted that employers in many states may want to reconsider their zero tolerance policies when it comes to marijuana use. For many years, even medical marijuana users with state-issued cards were being fired for testing positive for marijuana use, with few repercussions. However, as both medical and recreational use become more common, these stringent policies have become not only outdated, but potential liabilities for employers. Continue reading “Employers May Need to Reconsider Zero Tolerance Marijuana Policies”
A provision in the 2019 National Defense Authorization Act (NDAA) has made it illegal for employers throughout the United States to inquire about a person’s criminal record prior to a conditional offer of employment. Known as the “Fair Chance to Compete for Jobs Act of 2019,” or the “Fair Chance Act” for short, the provision abolishes the section on job applications that requires a person to disclose their criminal history. The measure is aimed at improving the opportunities for those previously convicted of a crime to return to regular society and obtain honest employment. Continue reading “Fair Chance Act Restricts Employers from Asking About Criminal History”
Under federal law, there are two primary kinds of paid workers: employees, and independent contractors. And whether intentionally or accidentally, employers are mixing up the two, to the detriment of their own workers. Being misclassified can have major financial and legal implications to an employee, and it’s important to know what to do if you think you’ve been misclassified. Continue reading “The Scourge of Misclassified Employees”