The City of Portland, Oregon becomes the first city in the United States to ban the use of facial recognition technologies in the private sector citing, among other things, a lack of standards for the technology and wide ranges in accuracy and error rates that differ by race and gender.
Archives for September 11, 2020
20 Tips for U.S. Virgin Islands Employers in 2020: Compensating Hourly Employees for Regular and Overtime Hours
Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part 10 of this series addresses the laws relevant
Marijuana Legalization Update for 2020: A Primer on the Latest Medicinal and Recreational Use News
In the past several years, marijuana legalization has become an increasingly difficult issue for employers to navigate. Marijuana legalization raises challenging workplace questions related to drug testing, disability accommodation, workplace safety, hiring, and employment termination, among other issues. Because of the fast-evolving nature of marijuana laws, and the wide variance
California Assembly Passes CCPA Amendment: Employee Personal Information Exemption Extension
The California Consumer Privacy Act (“CCPA”) has only been in effect since January, but amendments are already on the horizon. Personal information in the employment context was highly contested during the CCPA’s amendment process prior to enactment and has continued to be a point of deliberation even after the CCPA’s
First Circuit Holds FAA Does Not Drive Independent Contractors’ Class Action Wage Claims Case
Recently, and for the first time in more than 20 years, the United States Court of Appeals for the First Circuit ruled on the transportation worker exemption contained in Section 1 of the Federal Arbitration Act (FAA). In Waithaka v. Amazon.com, Inc., 966 F.3d 10 (1st Cir. 2020), the court
AB 736 Expands Professional Exemption
On September 9, 2020, Governor Newsom signed Assembly Bill (“AB”) 736, which expands the professional exemption under Industrial Welfare Commission (“IWC”) Wage Orders Nos. 4-2001 and 5-2001 to include part-time, or “adjunct,” faculty at private, non-profit colleges and universities in California.
AB 736 amends the Labor Code to add Section
How to Approach and Improve Diversity Hiring
My vice president asked me to hire someone Black for a vacant position and include #BlackLivesMatter in the job posting. Can I hire a Black person solely based on race like this? It seems like I can’t. How can I even respond?
To read my answer, click here: How
Internal Investigations and Work Product: Recent Cases
In this column on corporate employment issues, Philip M. Berkowitz, discusses the application of the work product doctrine to internal investigations.
The City of San Diego Passes Supplemental Paid Sick Leave
As California employers brace for a host of new laws that will affect operations in the workplace, the City of San Diego recently passed two new COVID-19 ordinances. The City Council passed a right of recall ordinance and a supplemental paid sick leave ordinance before Governor Newsom signed Assembly Bill
As Learning Goes Online, Should I Reconsider My Approach to Hiring
Dear ReWorker: Universities are going digital. Does this mean that MOOCs, training courses and independently gained skills are just as good as the university experience? Should we change our hiring criteria?
DHS to Propose Expansion of Biometrics Collection
On September 11, 2020, the Department of Homeland Security (DHS) will release a new regulation for notice-and-comment that proposes to expand the collection of biometric data and give DHS increased flexibility to deal with emerging needs. Here are a few highlights from the draft 328-page rule.
Unless waived by DHS,
California Expands COVID-19 Supplemental Paid Sick Leave Requirements
On September 9, 2020, California Governor Gavin Newsom signed Assembly Bill (AB) 1867, a five-part bill that: (1) codifies existing COVID-19 supplemental paid sick leave (CPSL) requirements for certain food sector workers, (2) adds CPSL requirements for other employers, (3) creates a small-employer family leave mediation pilot program,1 (4) codifies existing