David Kelly comments on the effect of the Loper Bright decision when the actions of the National Labor Relations Board are challenged, particularly in areas where the board has shifted its interpretations of labor laws in “Circuit Court Rift Forming on Respect for Labor Board Rulings,” published by Bloomberg Law.
Fifth Circuit Strikes Down DOL Tip Credit Rule: What It Means for Employers
In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the U.S. Court of Appeals for the Fifth Circuit. Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024). The appeals court vacated the rule, voiding the provision nationwide.
California Manufacturing Employers: Avoid Potential PAGA Claims Based on Cal/OSHA Violations
With proper planning, Golden State manufacturing employers can mitigate the risk of Private Attorneys General Act (PAGA) claims premised on alleged violations of the California Occupational Safety and Health Act (Cal/OSHA).
Out of Sync: Mitigating Data Privacy and Security Risks Stemming From Data Syncing Across Devices
With organizations holding more and more data digitally, there is an increased need to ensure data remains accessible across the organization at any given time. To that end, many organizations use tools that synchronize the organization’s data across various databases, applications, cloud services, and mobile devices, which involves updating data
Can Your AI Model Collapse?
A recent Forbes article summarizes a potentially problematic aspect of AI which highlights the importance of governance and the quality of data when training AI models. It is called “model collapse.” It turns out that over time, when AI models use data that earlier AI models created (rather than data
Heather Dillion Spotlighted for Her Return to Jackson Lewis
Heather Dillion is spotlighted for rejoining Jackson Lewis as a principal in “Dorsey & Whitney Employment Atty Rejoins Jackson Lewis,” published by Law360.
New Illinois Law Aims to Curtail Employers’ Mandatory, Captive Audience Meetings
Illinois joined a handful of other states in limiting employers’ ability to conduct “captive audience” meetings when Governor J.B. Pritzker signed into law SB3649, commonly known as the Worker Freedom of Speech Act. The Act is set to take effect on Jan. 1, 2025.
California’s Minimum Wage Will Increase Again in 2025
California will see another increase to its minimum wage on January 1, 2025. The minimum wage in California will increase from $16.00 per hour to $16.50 per hour on January 1, 2025. This increase applies to all employers, regardless of size. The adjustment is based on the Consumer Price Index (CPI),
René Thorne Discusses the Impact of Adding Forfeiture Claims to Excessive Fee Lawsuits
René Thorne discusses how integrating forfeiture claims into existing excessive fee lawsuits provides additional leverage to cases by supporting investment and record keeping claims, spurring lawyers to quickly pursue this new angle in “401(k) Forfeiture Claims Fuel Excessive Fee Suits They Follow,” published by Bloomberg Law.
FDIC Revises Section 19 Regulations for Institutions Hiring Persons Convicted of Certain Crimes
The Federal Deposit Insurance Corporation (FDIC) has revised its regulations on Section 19 of the Federal Deposit Insurance Act to conform with the previously enacted Fair Hiring in Banking Act (FHBA).
Think About Why Fortune 500 Companies Are Citing AI Risks in Their SEC Filings
While the craze over generative AI, ChatGPT, and the fear of employees in the professions landing on breadlines in the imminent future may have subsided a bit, many concerns remain about how best to use and manage AI. Of course, these concerns are not specific to Fortune 500 companies.
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Allison P. Dearington Named a 40 Under Forty Honoree by Hartford Business Journal
Nationwide employment law firm Jackson Lewis P.C. is pleased to announce Office Litigation Manager and Principal Allison P. Dearington has been named a 2024 40 Under Forty honoree by the Hartford Business Journal (HBJ). The award recognizes outstanding professionals under 40 in the Greater Hartford Region who are excelling in their industries. According to the HBJ, honorees are driven by success, motivated by challenges, are actively involved in the community and are role models for their peers. Allison and the honorees will be celebrated at an awards event on September 19, 2024, at the Aqua Turf Club in Plantsville, CT.
What Companies Can Learn from FINRA’s Significant Enforcement Areas in First Half 2024
For securities industry employers, Financial Industry Regulatory Authority (FINRA) disciplinary actions and fines can be costly. FINRA disciplinary actions in the first half of 2024 show three areas of significant regulatory focus: (1) electronic communications platforms; (2) outside business activities; and (3) social media influencer programs. These disciplinary actions, described below with reference to FINRA’s allegations, provide lessons for industry employers.
New Illinois Laws Address Use of Generative AI and Digital Likeness, Publicity Rights
Illinois continues to enact legislation regulating artificial intelligence (AI) and generative AI technologies.
A little less than a year ago, Gov. JB Pritzker signed H.B. 2123 into law. That law, becoming effective January 1, 2024, expanded the state’s Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act to
Upcoming E-Verify Account Login Changes
E-Verify will enhance security for account logins later this year. The system will require multi-factor (or two-step) authentication, meaning that, in addition to a password, users may need to enter a code sent to their email or phone. This can help prevent unauthorized account access in case of a compromised