Blogs
Clock less than a minute

As featured in #WorkforceWednesday: Efforts to address pay disparities have led to an increase in pay equity legislation that shows no signs of slowing down.

In this episode, Epstein Becker Green attorneys Kimberly Carter and Ann Knuckles Mahoney shed light on the dynamic shifts in pay equity laws across the nation.

From emerging trends to pivotal developments, discover how certain states are spearheading efforts to champion equal pay and enforce stringent pay data reporting requirements.

Blogs
Clock 7 minute read

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about managing disabled employees who are also qualified medical marijuana users, and appropriately requiring reasonable suspicion drug testing.

Background

In early 2018, the Agency hired Alyssa Bartolotta (“Bartolotta”) as a teaching assistant in its early childhood division.  As part of her onboarding, Bartolotta acknowledged receipt of an ...

Blogs
Clock 2 minute read

As featured in #WorkforceWednesday: As college basketball madness sweeps across the nation this March, we’re seizing the opportunity to explore the intriguing intersection of trade secrets law and the sports world.

In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. SteinmeyerJames P. FlynnDaniel R. Levy, and Susan Gross Sholinsky appeal to both sports fans and lawyers alike to examine the strategic use of non-compete agreements across various sports. From scrutinizing non-competes in football and dissecting no-poaching arrangements in golf to unraveling compelling trade secrets in boxing, the team embarks on an examination of the legal dynamics shaping competitive sports.

Blogs
Clock 5 minute read

The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers, the Eleventh Circuit held that the proper standard is the heightened “but-for” causation standard, rather than the “motivating factor” causation standard, leading it to affirm the district court’s grant of summary judgment in favor of defendant Walgreen Co. (“Walgreens”) against plaintiff Doris Lapham (“Lapham”) on her FMLA ...

Blogs
Clock 6 minute read

This springtime, Washington, D.C. employers may want to spruce up their compliance checklists to stay ahead of new pay transparency obligations. On January 12, 2024, Mayor Bowser signed the Wage Transparency Omnibus Amendment Act of 2023 (the “Act”), which modifies the Wage Transparency Act of 2014. The Act imposes new pay disclosure requirements for job postings, prohibits employer inquiries into an applicant’s wage history, and directs employers to post a new notice in their workplaces. Like most legislation in D.C., the Act was subject to review for a period of 30 ...

Blogs
Clock less than a minute

As featured in #WorkforceWednesday: With virtual terminations on the rise, what steps should employers take to ensure they are prepared and compliant if an employee secretly records their termination?

Epstein Becker Green attorneys Marc A. Mandelman and Lauri F. Rasnick tell us more about the current landscape.

Blogs
Clock 8 minute read

Since the dawn of digitalization, the collection and retention of personal and other business confidential data by employers has implicated security and privacy challenges—by amassing a treasure trove of data for bad actors (or unwitting/unauthorized employees) and drawing a roadmap for those seeking to breach the system. Adding artificial intelligence (AI) into the mix creates further areas of concern. A recent survey undertaken by the Society of Human Resource Management of more than 2000 human resources professionals indicates that AI is being utilized by the majority of ...

Blogs
Clock 3 minute read

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In Deyerler v. HireVue, initially filed over two years ago in January 2022, a class of plaintiffs alleged that HireVue’s AI-powered facial expression and screening technology violated BIPA.  According to the complaint, HireVue collected, used, disclosed, and profited from “biometric identifiers” without complying with the requirements of BIPA.  ...

Blogs
Clock 2 minute read

As featured in #WorkforceWednesday: This week, we’re concentrating on the flurry of challenges that federal agencies—such as the U.S. Department of Labor (DOL), the National Labor Relations Board, and the Occupational Safety and Health Administration (OSHA)—have recently faced in the courts. We’ll also discuss potential changes to the U.S. Supreme Court’s (SCOTUS’s) controversial Chevron deference doctrine.

Blogs
Clock 4 minute read

Recently, a Georgia federal district court permitted an employer’s counterclaims against its former employee-whistleblower to proceed in a False Claims Act (“FCA”) lawsuit after determining that the employer’s amended counterclaims for breach of fiduciary duty and breach of contract were sufficiently independent from the underlying FCA claims to survive a motion to dismiss, despite significant factual overlap. The decision in U.S. ex rel. Cooley v. ERMI, LLC, et al.., a qui tam FCA action where the plaintiff, known as a “Relator,” brings the claim on behalf of the ...

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