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Eye on Investigations: Strategies for Investigating Employee Complaints

Ogletree Deakins • September 18, 2019
In this podcast, Kelly Cardin provides listeners with an overview of workplace investigations from beginning to end, including the types of complaints that can trigger an investigation, best practices for conducting interviews, and how to report your findings to management. She also discusses the potential for retaliation claims and how to minimize this risk.

ICE is Knocking

Ogletree Deakins • September 18, 2019
In this podcast, Lisa Burton and Leigh Ganchan discuss ICE’s increased enforcement activity in recent years. They address how to handle I-9 audits, compliance challenges employers face, and the penalties for noncompliance.

Access to Private Property: Labor Board Rules Girl Scout Cookies and Union Protesters are Different

Jackson Lewis P.C. • September 18, 2019
A nonemployee’s solicitation for charitable or civic causes on an employer’s property is not the equivalent of a nonemployee union representative’s engaging in a protest soliciting customers to boycott an employer or in union organizing on the property, the National Labor Relations Board (NLRB) has held. Kroger Limited Partnership, 368 NLRB No. 64 (Sept. 6, 2019).

Implementing Illinois’ AI Video Interview Act: Five Steps Employers Can Take to Address Hidden Questions and Integrate Policies with Existing Employment Laws

Littler Mendelson, P.C. • September 18, 2019
In a 2019 survey Littler conducted of over 1,300 in-house counsel, HR professionals and C-suite executives, more than 35% responded that their organization is using artificial intelligence (AI) in the recruiting and hiring process.1 Employers can take advantage of a growing range of AI-based methods of talent assessment, which includes AI-driven review of resumes, algorithm-based reviews of applicants’ responses to test questions, and algorithmic analysis of applicants’ publicly available social media content. A growing number of employers are turning to yet another talent assessment tool: AI-powered video-interview platforms that apply algorithms to video-recorded interviews to facilitate an employer’s assessment of an applicant.

New York State Doubles Down on Data Privacy, Sets High Bar for “Reasonable Safety Standards”

Ogletree Deakins • September 18, 2019
On July 25, 2019, New York governor Andrew Cuomo signed into law two bills aimed at increasing the obligations of entities handling computerized private data. The Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) expands the requirements for notifying affected parties in the event of a data breach and sets forth a demanding list of security measures that must be implemented to “maintain reasonable safeguards” to protect private information. Businesses handling the private data of New York residents should consider reviewing the SHIELD Act and existing policies and procedures to ensure compliance before the new privacy requirements go into effect.

Private Attorney General Act Does Not Reach to Unpaid Wages, California Supreme Court Rules

XpertHR • September 18, 2019
The California Supreme Court has ruled that employees bringing claims under the Private Attorneys General Act (PAGA) may not recover certain unpaid wages in any forum. The California PAGA grants employees the right to sue employers on behalf of the state for civil penalties in Superior Court for violations of the state's labor code.

Employers Receive Last-Minute Reprieve From The Most Onerous CCPA Compliance Obligations

Littler Mendelson, P.C. • September 18, 2019
Friday, September 13, 2019, was a lucky day for employers. Just hours before California’s 2019 legislative session ended, the California Assembly approved a bill (A.B. 25) that, if enacted, would substantially narrow the application of the California Consumer Privacy Act (“CCPA”) to employers. Understanding the contours of these limitations is critical for employers as they prepare to comply with the CCPA before it goes into effect on January 1, 2020.
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