Workforce Bulletin

As featured in #WorkforceWednesday: This week, we’re detailing for employers the U.S. Department of Labor’s (DOL’s) expansion of overtime salary limits, the U.S. Equal Employment Opportunity Commission’s (EEOC’s) recently released sexual harassment guidance, and New York State’s unprecedented mandatory paid prenatal leave.

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the United States Equal Employment Opportunity Commission (“EEOC”), the answer is yes. On April 9, 2024, the EEOC filed a motion for leave to file a brief as amicus curiae, together with a brief, in Mobley v. Workday, Inc., Case No. 3:23-cv-00770-RFL, to support plaintiff Derek Mobley’s (“Mobley”) motion to dismiss.

The EEOC’s action is ...

As featured in #WorkforceWednesday: This week, we’re breaking down the U.S. Supreme Court’s (SCOTUS’s) new workplace discrimination decision, the Equal Employment Opportunity Commission’s (EEOC’s) final rule on the Pregnant Workers Fairness Act (PWFA), and how recent artificial intelligence (AI) hiring tools have violated federal anti-bias laws.

As we reported in the first installment of our series on pay transparency, pay equity legislation continues to trend nationwide. While Part I focused on salary range disclosure legislation, in Part II, we highlight mandatory pay data reporting requirements that are being considered in Massachusetts.

What is Mandatory Pay Data Reporting?

Pay data reporting laws require covered employers to submit detailed compensation data reports, often broken down by race and gender, to state-designated agencies. To date, California and Illinois have adopted such laws. Under California law ...

As featured in #WorkforceWednesday:  This week, we’re providing an overview of (i) the year-over-year increase in Equal Employment Opportunity Commission (EEOC) lawsuits, (ii) New York’s employee intellectual property (IP) law, and (iii) the collaborative agreement between the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL).

EEOC Lawsuits Increase

For fiscal year 2023, the EEOC reported a 50 percent increase in lawsuits filed by the agency compared to the previous year. The end of the fiscal year typically brings a spike in EEOC-filed lawsuits ...

The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed guidance on workplace harassment prohibited under federal law. The new guidance, posted on September 29, 2023, is available for public review and commentary until November 1, 2023. If finalized, this guidance will supersede five longstanding guidance documents issued from 1987 through 1999. In other words, this is the first proposed EEOC guidance on harassment in the past 25 years.

The Context

An agency press release notes that the EEOC last attempted to update its workplace harassment guidance ...