Prompted by the widespread adoption and use of video-conferencing software following the COVID-19 pandemic, many employers have shifted toward video interviews to evaluate potential hires. Even as employers have begun to require in-office attendance, the widespread use of video interviewing has continued, because it is a convenient and efficient way to evaluate applicants. Some of the video interviewing tools used by employers incorporate the use of artificial intelligence (AI) in an effort to maximize the effectiveness of the interview process. Often, employers contract with third-party vendors to provide these AI-powered interviewing tools, as well as other tech-enhanced selection procedures.

Continue Reading What Principles of Explainability and Transparency Should an Employer Consider When Using Video Interviewing and Similar Automated Hiring Tools?

ELTW_EP256-1280x720

As featured in #WorkforceWednesday:  This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL).

Continue Reading <em>Video:</em> CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation – <em>Employment Law This Week</em>

On Thursday, May 12, 2022, New York City Mayor Adams signed the bill (previously described here) amending New York City’s new law that requires employers to list wage or salary ranges on job advertisements. Most significantly, among other changes, the amendment pushes the effective date of the law from May 15, 2022, to November 1, 2022.

Continue Reading NYC Mayor Signs Off: Amended NYC Pay Range Disclosure Law Will Take Effect November 1, 2022

Where is the impact of alleged employment discrimination? That is the question when evaluating whether a remote worker can assert claims under the New York State Human Rights Law (“NYSHRL”) and New York City Human Rights Law (“NYCHRL”), according to a recent decision by U.S. District Judge Edgardo Ramos. Relying on state law, Judge Ramos concluded that the basis for subject matter jurisdiction has not changed during the COVID-19 pandemic and remains grounded in New York’s “Impact Test,” meaning courts will look to where the impact of alleged discriminatory conduct was felt. Thus, regardless of whether an employer is located in New York, the anti-discrimination laws are intended to protect employees who live or work in New York.

Continue Reading New York’s Anti-Discrimination Laws Do Not Protect Out-of-State Remote Workers

ELTW_EP255-1280x720

As featured in #WorkforceWednesday:  This week, we examine best practices for crafting flexible work arrangement policies. Requests to continue working remotely or with flexibility remain high as we emerge from the COVID-19 pandemic.

Continue Reading <em>Video:</em> Flexible Work Arrangement Policies, State-Level Privacy Laws Increasing, AI and Disability Bias – <em>Employment Law This Week</em>

Employees who resign from work, sue their employer, and assert “constructive discharge” shoulder a heavy burden to demonstrate that they had no choice but to resign. A recent decision of the Massachusetts Appeals Court, Armato v. Town of Stoneham, shows just how heavy that burden is.

Continue Reading Massachusetts Appeals Court Rejects Whistleblower’s Constructive Discharge Claim

ELTW_EP254-1280x720

As featured in #WorkforceWednesday:  This week, we’re breaking down recent local- and state-level developments impacting compliance for employers.

Continue Reading <em>Video:</em> NYC Pay Transparency Law, Florida Diversity Training, and Cal/OSHA’s COVID-19 ETS – <em>Employment Law This Week</em>

New York employers that monitor or otherwise intercept their employees’ electronic usage, access, or communication using any electronic devices or systems need to make sure they are following a state law enacted last year, which takes effect very soon. By Saturday, May 7, as explained in full detail here, all employers must comply with posting and notice mandates of the state’s new electronic monitoring law that requires prior disclosure to their employees of such monitoring, tracking, or intercepting of employee electronic communications or telephone conversations, such as monitoring of email, telephones, or internet access. New hires must receive and acknowledge written or electronic notification of any covered employer practices. Employers must also post a notice at New York worksites in a conspicuous place that is readily available for viewing by employees subject to the law. Failure to comply could subject an employer to civil penalties starting at $500 and as high as $3,000 per violation.

Since 2019, the Illinois Lodging Services Human Trafficking Recognition Training Act (820 ILCS 95/, “the Act”) has required Illinois lodging establishments (such as hotels, motels, and casino hotels) to provide employees with training on how to recognize human trafficking and protocols for reporting suspected human trafficking to authorities.  Recent amendments, which became effective January 1, 2022, have ostensibly expanded the scope of covered employers to include other businesses that serve transient populations:  restaurants and truck stops.

Continue Reading Amendments to Illinois’s Human Trafficking Recognition Training Act May Expand the Scope of Covered Employers to Include Restaurants and Truck Stops

On April 28, 2022, the New York City Council (the “Council”) approved an amendment to a recently enacted pay transparency law, 2022 Local Law 32 (the “Law”) by an overwhelming majority. The Law will require employers to disclose salary ranges in advertisements for jobs that are performed, at least in part, in New York City, and was set to become effective on May 15, 2022. After significant pushback from the business community, the Council introduced a new bill, Int. No. 134-A (the “Amendment”), to offer additional clarity and time for employers to comply. The Amendment is expected to be signed into law by Mayor Eric Adams. Of greatest immediate significance, once signed, the Amendment delays the effective date of the Law from May 15 to November 1, 2022.

The Amendment clarifies that advertisements for any job, promotion or transfer opportunity will have to include a statement of either a minimum and maximum annual salary or the minimum and maximum hourly wage. The Law will apply to advertisements seeking both exempt employees who earn a salary, and non-exempt employees, who may be paid on a salary or hourly basis.

Continue Reading NYC Pay Transparency Law Amended: If Signed by Mayor Adams, Employers Will Have Until November 1, 2022 to Start Disclosing Salary Ranges in Job Postings