As featured in #WorkforceWednesday:  Mobile technologies, including contact tracing and screening apps, will help safely bring employees back to work. However, there are a range of employment law and privacy concerns to consider before implementing these technologies. Attorneys Adam S. Forman and Karen Mandelbaum tell us more. You can also read more in a recent 

As Michigan businesses begin the process of reopening, they must comply with Governor Gretchen Whitmer’s Executive Order 2020-91 (“Order”) regarding “Safeguards to protect Michigan’s workers from COVID-19.”  The Order includes detailed safety standards, with which employers in construction, manufacturing, retail, research labs, offices and restaurants, must comply, for the stated goal of protecting workers and

Joining California, Delaware, Illinois, Louisiana, Massachusetts, New Jersey, New York, Ohio, as well as multiple counties and cities, on March 23, 2020, Michigan’s Governor Gretchen Whitmer issued Executive Order 2020-21 (COVID-19) (“Order”), ordering that all Michigan residents “shelter in place” in response to the novel coronavirus (“COVID-19”),

We are pleased to present Workforce Bulletin, the newest blog from law firm Epstein Becker Green (EBG). We’ve combined a decade of posts from five of the firm’s well-regarded blogs, spanning employment law topics impacting employers in a range of industries and areas, including financial services, hospitality, OSHA, retail, technology, and more.

Workforce Bulletin will

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade Commission (“FTC”) by a consumer advocacy organization, Electronic Privacy Information Center (“EPIC”), illustrates some of those potential pitfalls. EPIC asks

We have long counseled employers using or contemplating using artificial intelligence (“AI”) algorithms in their employee selection processes to validate the AI-based selection procedure using an appropriate validation strategy approved by the Uniform Guidelines on Employee Selection Procedures (“Uniform Guidelines”).  Our advice has been primarily based on minimizing legal risk and complying with best practices. 

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

Technology, media, and telecommunications organizations are at the forefront of tackling new challenges in handling employee information and managing employee populations. As legislatures (from the federal level down to states and cities) address how technology impacts today’s new workforce, employers must grapple with changes in managing data—from privacy concerns to the use of artificial intelligence in employment matters—and keeping workers happy, including dealing with wage increases, the rise in union activity, and contingent workers in the #MeToo era. A changing workplace landscape requires creative thinking and outside-the-box solutions.
Continue Reading Take 5 Newsletter – The Future of Work: Five Developing Trends for Technology, Media, and Telecommunications Employers

As we previously reported, since 2017 employees have filed dozens of employment class actions claiming violations of Illinois’ 2008 Biometric Information Privacy Act (“BIPA”). In short, BIPA protects the privacy rights of employees, customers, and others in Illinois against the improper collection, usage, storage, transmission, and destruction of biometric information, including biometric identifiers,