Tony S. Martinez
Tony Martinez is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration and Employment Counseling & Training Groups.
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Employers have increasingly embraced artificial intelligence (“AI”) in the workplace, using the technology to maximize efficiency in nearly every aspect of the employment relationship including hiring, performance management, and discipline. The use of AI, however, comes with attendant risks. Indeed, while one might assume that AI is an ideal tool to serve as a neutral … Continue Reading
From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals that would significantly change the employment and labor law landscape. Bolstered by Democrat victories in the Georgia Senate runoff elections (and the resulting unified Congress, the first … Continue Reading
A federal judge recently held that researchers who violate a website’s terms of service by creating fake online accounts in order to study algorithmic bias in artificial intelligence software do not violate the Computer Fraud and Abuse Act (“CFAA”) (decision available here). Brief Background The decision resulted from a lawsuit filed by the American Civil … Continue Reading
As previously discussed here, the use of artificial intelligence in the workplace has drawn scrutiny from regulatory bodies and activist groups who have expressed concern that such technology may not neutrally screen applicants without regard to protected characteristics. To address these concerns, the New York City Council introduced a bill (Int. 1894-2020) on February 27, … Continue Reading
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments employers should be on the lookout for in the new year. Sexual Harassment and Discrimination Laws On … Continue Reading
On July 2, 2019, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the New Jersey Compassionate Use Medical Marijuana Act (“CUMMA”) to provide greater clarity on the legal protections for both employers and employees. CUMMA, which was signed into law on January 18th, … Continue Reading
Connecticut Governor Ned Lamont recently signed into law the Time’s Up Act (the “Act”), which amends existing state law to impose greater sexual harassment training and notice requirements on employers. Training Requirements Currently, Connecticut law requires employers with 50 or more employees to provide two hours of sexual harassment training to all supervisory employees. While … Continue Reading
On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. In two of the cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, the Court will consider whether Title VII’s prohibition on … Continue Reading
States across the country have passed new laws addressing sexual harassment, paid family leave, and other labor and employment law issues. As many of these laws will soon become effective, employers should be prepared for the following changes in the legal landscape. Sexual Harassment Laws New York City’s Stop Sexual Harassment Act, effective April 1, … Continue Reading
The Philadelphia City Council recently passed the Fair Workweek Employment Standards Ordinance (the “Ordinance”), which will impose new restrictions on retail, fast food and hospitality employers with regard to employee scheduling and pay practices. The Ordinance was signed by Mayor Jim Kenney on December 20, 2018, and will take effect on January 1, 2020. The … Continue Reading
Guidance: The Intersection of Artificial Intelligence and Employment Law
By Joseph O’Keefe, Edward Young and Tony S. Martinez on Posted in Workplace Policies and Procedures
Significant Workplace Changes in Store Under the Biden Administration
By Allan Bloom, Tony Oncidi, Dominique Kilmartin, Elizabeth Dailey, Joshua Fox, Steven Porzio and Tony S. Martinez on Posted in Biden Administration Coverage
Creation of Fake Online Accounts to Study Algorithmic Bias Does Not Violate the Computer Fraud and Abuse Act, D.C. Court Rules
By Danielle J. Moss, Joseph O’Keefe and Tony S. Martinez on Posted in Workplace Policies and Procedures
Mandatory “Bias Audits” and Special Notices to Job Candidates: New York City Aims to Regulate the Use of Artificial Intelligence in the Workplace
By Danielle J. Moss, Joseph O’Keefe and Tony S. Martinez on Posted in Workplace Policies and Procedures
The Employment Law Landscape in 2020
New Jersey Expands Medical Marijuana Protections
By Arielle E. Kobetz, Evandro Gigante and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
Connecticut Expands Sexual Harassment Training and Notice Requirements
By Arielle E. Kobetz, Harris Mufson and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity
By Arielle E. Kobetz, Evandro Gigante and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
The Employment Law Landscape in 2019
Philadelphia Enacts Fair Workweek Ordinance
By Arielle E. Kobetz, Evandro Gigante and Tony S. Martinez on Posted in Wage and Hour
