Latest from Law and the Workplace
Second Circuit Vacates Ruling on WARN Act Notice Claims
On May 15, 2023, the Second Circuit vacated the entry of summary judgment on Worker Adjustment and Retraining Notification Act and New York Labor Law § 860 et seq. (collectively, the “WARN Acts”) claims, holding that a reasonable factfinder could conclude that a buffet restaurant operating inside of a casino was considered an operating unit … Continue Reading
Illinois Legislature Passes Bill Requiring Disclosure of Pay Scales in Job Postings
On May 17, 2023, the Illinois legislature passed House Bill 3129 (the “Bill”), which amends the Illinois Equal Pay Act (820 ILCS 112, et. seq.) to require Illinois employers to include pay scale and benefits information in job postings and to post or announce internally to employees all known opportunities for promotion, in an apparent … Continue Reading
EEOC Releases Technical Document on AI and Title VII
On Thursday May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document titled Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964. The document was released as a part of the EEOC’s Artificial Intelligence and … Continue Reading
$22 Million FLSA Verdict Illustrates the Significance of Brief Unpaid Work Tasks
On May 9, the U.S. Department of Labor (“DOL”) secured its largest Fair Labor Standards Act (“FLSA”) jury verdict in history, when a jury in the Eastern District of Pennsylvania awarded $22 million to a class of approximately 7,500 workers for unpaid time spent on pre- and post-shift activities. The case is Su v. East … Continue Reading
Illinois Legislature Advances Proposed Amendment to Right to Privacy in the Workplace Act
On May 8, 2023, the Illinois legislature passed Senate Bill 1515 (the “Amendment”), which would amend the Illinois Right to Privacy in the Workplace Act (820 ILCS § 55) to mandate a specified process employers would need to follow if they choose to take an adverse employment action against an employee after receiving notice from … Continue Reading
Employers Face New Reporting Obligations and Other Changes Under New Jersey Unemployment Compensation Law
Effective July 31, 2023, pursuant to amendments signed into law by Governor Phil Murphy, several changes will impact employer compliance with the New Jersey Unemployment Compensation law. The increased penalties associated with these changes highlights the importance of ensuring compliance. First, there will be new reporting obligations upon the separation of an NJ employee. Existing … Continue Reading
