Susan Lessack on Hiring & Firing

Are There Any Risks to Using AI to Enhance Diversity in the Workplace?

Q: Are there any risks to using AI to enhance diversity in the workplace? ...more

8/2/2023 / Adverse Employment Action , Algorithms , Artificial Intelligence , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Employment Discrimination , Equal Employment Opportunity Commission (EEOC) , Hiring & Firing , Innovative Technology , Job Applicants , Machine Learning

Navigating Adapted Operations Advisory Series: Part Three – Bringing Employees Back to the Workplace

Who Needs to Know - Employers who are reopening (or have already reopened) by bringing employees back to their workplaces. Why It Matters - Bringing a workforce back to the workplace, whether from teleworking,...more

9/25/2020 / Coronavirus/COVID-19 , Cost-Savings , Employer Liability Issues , Employer Responsibilities , Families First Coronavirus Response Act (FFCRA) , Family and Medical Leave Act (FMLA) , Furloughs , Hiring & Firing , Infectious Diseases , Paid Sick Leave , Re-Opening Guidelines , Remote Working , Return-to-Work Agreements , Wage and Hour , Workplace Safety

Supreme Court Rules Title VII Protects Gay and Transgender Employees

Q. I understand that the United States Supreme Court came out with a new decision extending Title VII protections. What are the details? ...more

6/17/2020 / Altitude Express Inc v Zarda , Bostock v Clayton County Georgia , Civil Rights Act , EEOC v RG & GR Harris Funeral Homes , Employer Liability Issues , Gender Identity , Hiring & Firing , LGBTQ , SCOTUS , Sex Discrimination , Sexual Orientation , Sexual Orientation Discrimination , Title VII , Transgender

Deadline Looms for Employers to Provide CCPA Notices

As we have reported previously, the California Consumer Privacy Act (CCPA) will take effect on January 1, 2020. On or before that date, businesses that employ California residents, retain California residents as independent...more

10/29/2019 / California Consumer Privacy Act (CCPA) , Consumer Privacy Rights , Cybersecurity , Data Collection , Data Management , Data Privacy , Data Protection , Gig Economy , Hiring & Firing , Independent Contractors , Job Applicants , Notice Requirements , Personal Data , Personally Identifiable Information , Privacy Laws , State and Local Government

California Adopts Strict Independent Contractor Test in New Bill

On September 11, the California Assembly passed AB 5, a bill that codifies and expands the application of the strict independent contractor test (the “ABC test”) set forth in last year’s decision of the California Supreme...more

9/18/2019 / ABC Test , Dynamex , Employee Definition , Employer Liability Issues , Employment Litigation , Exempt-Employees , Gig Economy , Hiring & Firing , Independent Contractors , Labor Regulations , Legislative Agendas , Misclassification , Non-Exempt Employees , Pending Legislation , Regulatory Agenda , Risk Assessment , State and Local Government , State Labor Laws , Wage and Hour

Another Reset Of NLRB’s Independent Contractor Test

On Jan. 25, 2019, the Republican-led National Labor Relations Board affirmed the acting regional director’s decision that drivers of a shared airport ride service were independent contractors, not employees, and therefore not...more

2/14/2019 / ABC Test , Employee Definition , Employer Liability Issues , Gig Economy , Hiring & Firing , Independent Contractors , Misclassification , NLRA , NLRB , Wage and Hour

NLRB Proposes New Rule on Joint Employer Standard

On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act....more

9/21/2018 / Browning-Ferris Industries of California Inc. , Collective Bargaining , Deregulation , Employer Liability Issues , Franchises , Hiring & Firing , Joint Employers , Labor Policies , NLRA , NLRB , Regulatory Reform , Staffing Agencies , Unions , Wage and Hour

California Adopts Stricter Test for Independent Contractor Status

On April 30, the California Supreme Court adopted a new and more onerous test (the ABC test) for determining whether individuals are employees or independent contractors. In its decision in Dynamex Operations West, Inc. v....more

5/10/2018 / ABC Test , CA Supreme Court , Employee Definition , Employer Liability Issues , Employment Litigation , Gig Economy , Hiring & Firing , Independent Contractors , Misclassification , State and Local Government , State Labor Laws , Wage and Hour

Second Circuit Reverses Course and Rules That Title VII Prohibits Sexual Orientation Discrimination

In an en banc decision, the U.S. Court of Appeals for the Second Circuit decided on February 26 that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of sexual orientation. Zarda v....more

4/18/2018 / Civil Rights Act , Employer Liability Issues , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Gender Discrimination , Gender Identity , Gender Neutral , Hiring & Firing , LGBTQ , Sex Discrimination , Sexual Orientation , Sexual Orientation Discrimination , Title VII , Transgender

Circuit Split on Sexual Orientation Discrimination Continues With New Second Circuit Opinion

On February 26, the U.S. Court of Appeals for the Second Circuit joined the Seventh Circuit in holding that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). Zarda v....more

3/6/2018 / Civil Rights Act , Employer Liability Issues , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Gender Discrimination , Gender Identity , Gender Neutral , Hiring & Firing , LGBTQ , Protected Class , Sex Discrimination , Sexual Orientation , Sexual Orientation Discrimination , Title VII , Transgender

Susan Lessack

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