As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...more
Before closing the book on 2022, we look back at the most significant verdicts issued in trade secret trials this past year. In 2022, several juries awarded extraordinary verdicts to plaintiffs. These verdicts suggest a...more
3/3/2023
/ Appeals ,
Arbitration ,
Breach of Contract ,
Defend Trade Secrets Act (DTSA) ,
Misappropriation ,
Patent Infringement ,
Popular ,
Proprietary Information ,
Securities Litigation ,
Semiconductors ,
Trade Secrets ,
UTSA
As previously reported, employers’ use of artificial intelligence to assist in employment decision-making is being subjected to ever-increasing regulatory scrutiny at all levels of government―local, state, and federal. In the...more
On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and enforcement of post-employment...more
On January 4, 2023, in Ainslie, et al. v. Cantor Fitzgerald, L.P., the Delaware Court of Chancery invalidated the forfeiture-for-competition provision in the financial services company’s limited partnership agreement, based...more
The Equal Employment Opportunity Commission (“EEOC”) has started 2023 with an announcement that it intends to increase enforcement efforts aimed at discrimination resulting from the use of Artificial Intelligence assisted...more
A proposed ordinance has been introduced before the New York City Council to generally prohibit private employers from terminating employees without “just cause” or a “bona fide economic reason.” If enacted, this proposal...more
On Friday, September 23rd, the New York City Department of Consumer and Worker Protection issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules (“Proposed Rules”) related to Local Law 144 (“the Law”),...more
On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more
7/6/2022
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Provisions ,
Asset Purchase Agreements ,
Biden Administration ,
Competition ,
Corporate Sales Transactions ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Merger Agreements ,
Monopolization ,
Non-Compete Agreements ,
Restrictive Covenants ,
The Clayton Act
On June 8, 2022, Colorado Governor Jared Polis signed Colorado House Bill 22-1317 (the “Bill”), which was passed by the Colorado Legislature on May 10, 2022. Effective 90 days from the end of the legislative session – on...more
6/13/2022
/ Contract Terms ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
Employers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job...more
Over the past decade many employers have adopted Artificial Intelligence driven tools to automate various aspects of the workplace, including the recruiting and hiring process. These tools have come under scrutiny by...more
On October 28, 2021, Equal Employment Opportunity Commission (“EEOC”) Chair Charlotte A. Burrows announced that the agency is launching an initiative to ensure that artificial intelligence (“AI”) used at all stages of the...more
Employers have increasingly embraced artificial intelligence (“AI”) in the workplace, using the technology to maximize efficiency in nearly every aspect of the employment relationship including hiring, performance management,...more
A federal judge recently held that researchers who violate a website’s terms of service by creating fake online accounts in order to study algorithmic bias in artificial intelligence software do not violate the Computer Fraud...more
4/15/2020
/ Age Discrimination ,
Algorithms ,
American Civil Liberties Union (ACLU) ,
Artificial Intelligence ,
Bias ,
Computer Fraud and Abuse Act (CFAA) ,
Criminal Liability ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Fake Online Accounts ,
First Amendment ,
Policies and Procedures ,
Race Discrimination ,
Scientific Research ,
Sex Discrimination ,
Terms of Service
As previously discussed here, the use of artificial intelligence in the workplace has drawn scrutiny from regulatory bodies and activist groups who have expressed concern that such technology may not neutrally screen...more
3/11/2020
/ Artificial Intelligence ,
Audits ,
Bias ,
City Councils ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
Notice Requirements ,
NYHRL ,
Proposed Legislation ,
State Regulators
A new Vermont law will require most employers to provide paid sick time to employees. Vermont is the fifth state to adopt a paid sick leave law, following Connecticut, California, Massachusetts, and Oregon. The law will be...more
In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against...more
1/13/2016
/ Arbitration Agreements ,
Credit Checks ,
Criminal Background Checks ,
Duty of Loyalty ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
NJ Supreme Court ,
Sexual Harassment ,
Sick Leave ,
Title VII ,
Wage and Hour ,
Whistleblower Protection Policies ,
Workplace Injury
As 2015 comes to a close, paid sick leave remains a hot issue in New Jersey. The City of New Brunswick recently became the eleventh municipality in New Jersey to mandate paid sick leave, but will be the first city in the...more
Voters in Elizabeth, New Jersey overwhelmingly approved a public question on the ballot requiring private-sector employers in the city to provide paid sick leave to their employees. Elizabeth follows the lead of multiple...more
On July 15, 2015, the Supreme Court of New Jersey ruled that an employee who monitors corporate compliance—a so-called “watchdog” employee—can engage in protected activity by blowing the whistle under the New Jersey...more
On April 23, 2015, Montana became the twentieth state to enact a law protecting employees from employer interference with personal social media accounts. The law, which takes effect immediately, prohibits employers from...more
Controversy continues to stir over the growing number of municipal sick leave laws in the State of New Jersey. To date, nine such localities—Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic,...more
Professional motor carriers generally are exempt from overtime payment under the Fair Labor Standards Act (“FLSA”). ...more
This week Bloomfield became the ninth locality in the State of New Jersey to require employers to provide sick leave to their employees, joining Jersey City, Newark, Passaic, East Orange, Paterson, Irvington, Trenton, and...more