DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
DE Under 3: Complaint Dismissed Alleging an Applicant Screening Tool Discriminated Based on Race, Age, & Disability
National Security Podcast: US Government Zeros in on China
Jones Day Talks: Italy Embraces Foreign investment but Maintains Oversight
Jones Day Talks: EU's New Foreign Direct Investment Regulations Eye Specific Sectors
The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more
The California Supreme Court answered a trio of questions from the Ninth U.S. Circuit Court of Appeals about “hours worked” under Wage Order No. 16, which governs the construction, drilling, logging and mining industries....more
In a joint statement issued on April 4, 2024, five federal agencies, including the Department of Labor, announced they will apply their enforcement authorities to the use of automated systems, including artificial...more
The District of Columbia will soon join an ever-growing list of jurisdictions that require employers to disclose compensation on job postings. In addition to pay scale disclosure, the District of Columbia Wage Transparency...more
In an opinion issued on December 7, 2023, a federal district court in the Northern District of Illinois held that time spent in COVID screening activities was not compensable under federal or Illinois law. In the...more
A new Louisiana law goes into effect on August 1, 2023 requiring employers to provide time off from work for genetic testing and cancer screening. Employer Requirements- The new act requires employers in Louisiana to...more
In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable...more
Employers have had to quickly pivot in numerous ways to keep their workplaces operating since the onset of the COVID-19 pandemic. One such way the workplace changed is through the introduction of COVID-19 screening tests for...more
I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A court has ruled that waiting time, at the jobsite, and...more
In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time...more
In today’s virtual world so much has changed – we work from home, we attend meetings from home, and now, many companies are hiring from home. Virtual interviewing is on the rise, and for good reason. Companies can interview...more
Note: On January 24, 2022, the DOL removed Fact Sheet #84 from its website. For more information please see our follow-up Alert. The U.S. Department of Labor (DOL) has issued Fact Sheet #84 addressing the compensability...more
The U.S. Department of Labor (DOL) on January 24, 2022 removed, without explanation, from its website Fact Sheet #84 addressing the compensability of time spent undergoing COVID-19 health screenings, testing, and vaccinations...more
In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them. We’ll focus on federal law, but...more
On July 21, 2021, answering a question certified by the United States Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court held that time spent by employees waiting to undergo and undergoing mandatory...more
On April 26, 2021, the U.S. Department of Labor (DOL) posted an update on its blog regarding its new Essential Workers, Essential Protections initiative, which is designed to “ensure that workers know about the wage and hour...more
As the pandemic continues with no clear resolution on the horizon, businesses must continue to revamp and reinvent their day-to-day operations to comply not only with a wide variety of new regulations, but also legal...more
Recalling Furloughed or Laid-Off Workers - Given phased reopening recommendations, social distancing requirements, and employees working remotely, employers may have to choose which employees to return to work first. ...more
It is no surprise that COVID-19 matters have preoccupied federal agencies in recent months. Among the key agency developments are updates from the U.S. Equal Employment Opportunity Commission (“EEOC”) and the Department of...more
On June 29, 2020, the U.S. District Court for the District of New Jersey ruled that Amazon must face a proposed class action alleging violations of New Jersey Wage and Hour Law (NJWHL), which seeks compensation for time spent...more
Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19, such as safer at home and face covering mandates. Some jurisdictions also require employers...more
Developing a business recovery strategy - Prompted by the French government's support measures, companies are favoring a partial resumption of business activities. Employers will have to consider, however, the extent to...more
With states, cities and counties taking measures to reopen after COVID-19, businesses are also faced with reopening and returning employees to work while still facing many unknowns. Despite these unknowns, employers must...more
Healthcare providers have special concerns for their employees during the Coronavirus (COVID-19) global health emergency....more
It’s hard to believe another year is coming to a close, but here we are. As part of my personal year-end celebration, I have prepared an informal ranking of the top mistakes I’ve tried to help clients avoid, correct, or...more