Workforce Bulletin

Increasingly companies are using third-party digital hiring platforms to recruit and select job applicants.  These products, explicitly or implicitly, promise to reduce or eliminate the bias of hiring managers in making selection decisions.  Instead, the platforms grade applicants based on a variety of purportedly objective factors.  For example, a platform may scan thousands of resumes and select applicants based on education level, work experience, or interests, or rank applicants based on their performance on an aptitude test – whatever data point(s) the platform has been ...

While businesses have long grown weary of the plaintiff bar’s seemingly endless stream of website accessibility lawsuits, it appears that judges in the SDNY may be increasingly feeling the same way. For the second time this spring, following on the back of the decision in Mendez v. Apple, a judge in the SDNY, in the case of Diaz v. The Kroger Co., 18-cv-7953 (KPF),has granted a business’ motion to dismiss a website accessibility lawsuit. While decided on multiple grounds, the Court’s decision is primarily based on mootness, providing businesses who have already taken the ...

A recent WSJ article about a private equity firm using AI to source investment opportunities by Laura Cooper presages a larger challenge facing employees and employers: AI tools do “the work of ‘several dozen humans’” “with greater accuracy and at lower cost.”  In the competitive and employee-dense financial services sector, AI tools can provide a competitive advantage.

Ms. Cooper cites San Francisco based Pilot Growth Equity Partners, one of many of a growing number of equity investment firms to utilize AI. Pilot Growth that has developed “NavPod’ a cloud based ...

Our Employee Benefits and Executive Compensation practice now offers on-demand “crash courses” on diverse topics. You can access these courses on your own schedule. Keep up to date with the latest trends in benefits and compensation, or obtain an overview of an important topic addressing your programs.

In each compact, 15-minute installment, a member of our team will guide you through a topic. This on-demand series should be of interest to all employers that sponsor benefits and compensation programs.

In our newest installment, Cassandra Labbees, an ...

On May 9, 2019, the United States Department of Justice announced the indictment of two Chinese Nationals as members of a sophisticated hacking group responsible for the hack of Anthem, Inc. and other unnamed U.S. based large technology, communications and basic materials companies. The hack resulted in the breach of personally identifiable information of over 78 million individuals held by Anthem and the theft of confidential business information from the victimized organizations. The indictment provides a roadmap to advanced hacking attacks regularly faced by technology ...

Our colleagues Frances L. Kenajian and Nathaniel M. Glasser at Epstein Becker Green has a post on the Technology Employment Law Blog that will be of interest to our readers in the retail industry: "Summer Networking Events: Workplace Harassment Can Happen Outside the Workplace."

Following is an excerpt:

Under federal law, as well as the law of many states, cities, and municipalities, sexual harassment is considered a type of prohibited gender discrimination. New York City and New York State now require employers to provide their employees with anti-sexual ...

Please join Nathaniel M. Glasser, Elizabeth K. McManus, Jeremy M. Brown, and Joshua A. Stein for an engaging and informative discussion of topical labor and employment issues facing all retailers. The presenters will address cutting-edge employment matters and share best practices in a private forum in which all attendees can freely participate, exchange insights, and network with colleagues.

Topics will include:

Artificial Intelligence for Recruiting and Selection
We will discuss the legal and practical implications of the various types of artificial intelligence (AI ...

Our colleagues Nathaniel M. Glasser, Lauri F. Rasnick, Michael F. McGahan, Steven M. Swirsky, Amanda M. Gómez, and Anastasia A. Regne at Epstein Becker Green have recently published a post on the Health Employment and Labor Blog that will be of interest to our readers in the financial services industry: "NYC Bill Banning Pre-Employment Marijuana Drug Testing Becomes Law."

Following is an excerpt:

As we previously reported, on April 9, 2019, the New York City Council passed Int. 1445-A, which prohibits employers from pre-employment drug testing for ...

Our colleagues Nathaniel M. Glasser, Lauri F. Rasnick, Michael F. McGahan, Steven M. Swirsky, Amanda M. Gómez, and Anastasia A. Regne at Epstein Becker Green have recently published a post on the Health Employment and Labor Blog that will be of interest to our readers in the retail industry: "NYC Bill Banning Pre-Employment Marijuana Drug Testing Becomes Law."

Following is an excerpt:

As we previously reported, on April 9, 2019, the New York City Council passed Int. 1445-A, which prohibits employers from pre-employment drug testing for marijuana and ...