As featured in #WorkforceWednesday: The COVID-19 pandemic has created a sudden imbalance in the labor market. While many employers are implementing layoffs or furloughs, other “essential” businesses are searching for additional employees to meet demand. Attorneys Nathaniel Glasser and Ian Carleton Schaefer discuss how employers can use creative approaches to address this imbalance. Read
Nathaniel M. Glasser
D.C. Amends ASSLA to Require Declaration-of-Emergency Paid Leave for COVID-19 Related Reasons, in Addition to Any Other Available Federal, District or Employer-Provided Leave

On April 10, 2020, the District of Columbia enacted the COVID-19 Response Supplemental Emergency Amendment Act of 2020 (D.C. Act 23-286) (the “Emergency Act”). Among other things, Section 103 of the Emergency Act amends the Accrued Sick and Safe Leave Act of 2008 (“ASSLA”) to require employers with between 50-499 employees to provide…
Additional DOL Updates to FFCRA Questions and Answers – Qualifying Reasons for Leave, Child Care, and Interaction with Other Leaves

The U.S. Department of Labor has again updated its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.” This post summarizes the most recent Questions and Answers. Previous summaries can be found here and here.
Some of the newest answers include the following:
- Question
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D.C. Passes Emergency Legislation to Provide Additional Benefits to Employees in Response to Coronavirus Pandemic and to Provide Business Relief

On March 17, 2020, the District of Columbia passed the COVID-19 Response Emergency Amendment Act of 2020 (the “Act”), which extends additional benefits under the District’s unemployment insurance (“UI”) law and the D.C. Family and Medical Leave Act (“DCFMLA”), and among other things also provides various forms of business relief. The Act is effective immediately.…
EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

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…
Are Your AI Selection Tools Validated? OFCCP Provides Guidance for Validation of AI-Based Algorithms

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. …
New Jersey Supreme Court Grants Review for Reasonable Accommodations of Medical Marijuana

Our colleagues Maxine Neuhauser, Nathaniel M. Glasser, Denise Dadika, & 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 technology industry: “New Jersey’s Highest Court to Decide Whether Employers Are …

New Medical Cannabis Related Employment Protections Enacted in New Jersey
Our colleagues Nathaniel M. Glasser, Denise Merna Dadika, Maxine Neuhauser, 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 hospitality industry: “New Jersey Enacts Broad Employment Protections for Registered Medical …
Keep Harassment Policies in Mind During Summer Events Outside the Workplace

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…

Retail Roundtable Event Hosted by EBG in New York City
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,…