During the pandemic, employers that hired employees who worked exclusively in remote settings due to COVID-19 precautions were temporarily exempt from the in-person inspection requirements for documents presented in connection with Form I-9. Under these circumstances, it was permissible for employers to remotely inspect the documents (over video link, fax, or email), and they were instructed to note “COVID-19” until such time that the documents could be inspected in person.
Archives for May 30, 2023
The Board has consistently broken down the severity of the violation into essentially two categories: mandatory and discretionary.
The benefits and potential dangers of Artificial Intelligence have long been portrayed in books, movies, and television; however, two decades into the 21st century, AI technology has quickly moved from science fiction to reality.
Eric Magnus discusses a recent US Court of Appeals for the Sixth Circuit decision which established a new standard for certifying wage-and-hour collective actions under the Fair Labor Standards Act in “Businesses, Workers Alike Cheer New FLSA Collective Action Test,” published by Bloomberg Law.
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations. One danger of settling OSHA citations is later being cited for repeat, willful, or failure to abate violations and put on the road to significant additional costs and enforcement activity.
Executive Summary: As discussed in our previous Alert, in February 2023, New Jersey enacted the “Temporary Workers’ Bill of Rights,” the most expansive law of its kind in the nation providing “temporary workers” with new rights and protections, including the right to receive pay equal to that of regular employees. This Alert discusses further steps taken by the New Jersey Department of Labor and Workforce Development (NJDOL) in implementing the law.
Executive Summary: The two-step conditional certification process in Fair Labor Standards Act (FLSA) collective action lawsuits, known as the Lusardi standard, has been the law of the land for over 30 years.
So, we finally have some guidance from the California Court of Appeal regarding whether an employer lawfully may terminate an employee for refusing to be vaccinated (in this case, against the flu). Here’s the scoop:
Join Dan M. Forman, Partner and Chair of CDF’s Trade Secret and Privacy Practice Groups, for an exclusive one-hour complimentary webinar focused on providing attendees with invaluable insights and top tips for effectively navigating the legal landscape surrounding ChatGPT (Generative Pre-trained Transformer) and Artificial Intelligence (AI) technologies in relation to trade secrets, privacy rights, and other workplace aspects.
This webinar will explore the new legal challenges and opportunities arising from the exponential growth of ChatGPT and AI for employers. Dan will provide essential insights and top tips for those grappling with compliance challenges under existing California laws presented by ChatGPT and AI technologies. Emphasis will be placed on safeguarding trade secrets, ensuring compliance with employee privacy regulations, and other regulatory requirements while harnessing the power of these innovative technologies.
Key topics covered during the webinar include:
–How ChatGPT and AI Will Impact Trade Secrets
–Proactive Protection of Trade Secrets in the Age of AI
–Compliance with Employee Privacy Regulations in the AI Era
–How to Minimize the Potential Risks of Bias, Discrimination, and Other Ethical Concerns That May Be Associated with AI
–Balancing Innovation and Compliance Should Employers’ Policies and Agreements Incorporate AI provisions
Dan M. Forman, leveraging his over three decades of experience in employment law and evolving technologies, will provide real-world examples, practical tips, and best practices to attendees interested in harnessing the potential of ChatGPT and AI technologies.
Register today to attend this timely and informative webinar that will cover compliance strategies in the ever-evolving era of artificial technology.
CA MCLE, HRCI and SHRM credit pending.
Choice and power are connected, but very different, concepts when they are used to describe workers’ circumstances. These two terms are often confused or treated as synonyms, which they are not. The resulting confusion contributes to a public discourse that undermines workers and weakens their position in the labor
Work Shift has launched a new biweekly series called Five Minutes With in which we will interview CEOs, managers and workers about the past, present and future of work.
The News: Just a day before the Texas legislative session ended, state lawmakers approved a ban on offices and programs that promote diversity, equity and inclusion at publicly funded colleges and universities.