Greater Atlanta Area
Featured Speaker
Experienced practitioners share their insights on the latest developments at the NLRB and what merit shop contractors should expect from the board in the second half of 2021, with a particular focus on the pro-labor agenda of the new NLRB general counsel.
James W. Wimberly, Jr., an AV rated attorney, is a founding principal of the firm and of the Wimberly Lawson Network. In over 40 years as an attorney, in private practice and early on with the US Department of Labor, and as a Professor of Labor Law, he has built a national reputation for excellence in comprehensively addressing the needs of employers.
Chosen by Best Lawyers in America every year since 1987 as one of the very top lawyers in labor and employment law, Jim is perhaps most sought after for his work representing employers in traditional labor management defense. He provides solutions to clients with respect to concerns such as union avoidance and union organizing and election campaigns, collective bargaining, plant closings, and, when it cannot be avoided, arbitration and litigation before the NLRB, EEOC, and all state and federal courts. Jim’s litigation experience is demonstrated by the litigation of two Title VII class actions that worked all the way to the U.S Supreme Court. As a preeminent expert in the area he has testified before the U.S. Congress.
Jim advises clients on how to best avoid labor concerns by analyzing industry trends, developing workable plans for regulatory compliance, training executives and management on workplace administration, and developing and implementing effective human resources standards and practices. In addition to employers he counsels national trade associations in the lumber, furniture, apparel and farming, and food processing industries, and state trade associations in the poultry and trucking industries.
Jim’s labor representation has led him to success on behalf of employers in hundreds of labor arbitrations. He has represented employers in over 50 union recognitional elections, has negotiated successful collective bargaining agreements involving thousands of workers in myriad industries, and has created strategies to terminate local, regional and nationwide strikes.
Notable successes include:
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Metropolitan Atlanta Rapid Transit Authority (MARTA) Arbitrations: Resolved disputes respecting MARTA’s labor contract with over 3,000 employees through four interest arbitration cases and related collective bargaining.
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National trucking company: Ended nationwide strikes affecting over 3,000 transportation workers.
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Fortune 500 manufacturer of construction products: Performed labor and employment due diligence reviews in multiple acquisitions and developed revised organizational structure for the company following the acquisitions.
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Fidelity Interior Construction Company v. Southeastern Carpenters Regional Council, 675 F.3d 1250 (11th Cir. 2012). The 11th Circuit Court of Appeals upheld a $1.7 million jury verdict against the Carpenters’ union. The jury found that the union violated Federal secondary boycott law by conducting an illegal “area standards” campaign which included bannering, picketing and handbilling at buildings where Fidelity was, had or might be working to coerce third parties into not doing business with Fidelity.
The author of Georgia Employment Law, Jim also regularly writes and speaks on labor and employment law issues. He served on the Advisory Board of Simon and Schuster's Business Practice newsletters, and formerly served on the Advisory Board to Commerce Clearing House's labor relations publications, and is a former member of the Board of Directors of the Georgia Chamber of Commerce. He is a co-author, along with senior principals Marty Steckel and Les Schneider on the book entitled Construction Industry Labor & Employment Law.
Education
Jim received his B.B.A. cum laude and his J.D. from The University of Georgia. He earned his LL.M. from Harvard University and did graduate work in labor relations at Georgetown University
Navigating the New Legal Minefield of Automated (AI Driven) HR
Artificial Intelligence is changing how businesses hire, manage, and evaluate employees—but it is also creating a new frontier for employment litigation. In this webinar, we explored some of the legal risks AI poses to your business. Whether you are using automated software to screen resumes, monitor productivity, or assist in performance reviews, you will learn some of the ways plaintiffs are targeting AI-driven HR tools for discrimination claims, and you'll walk away with tips on how to use this technology without inviting lawsuits or government audits.
The speakers are Sheri Oluyemi and James W. Wimberly (J. Larry Stine had to step out at the last minute).
Watch This Webinar
Webinar Key Insights
The webinar aims to educate employers and HR professionals on the legal and practical risks of integrating Artificial Intelligence (AI) into the workplace, focusing on compliance with long-standing employment laws and emerging litigation trends.
Historical Legal Principles and Discrimination
- Persistent Legal Standards: While AI is a modern tool, it remains subject to decades-old legal principles regarding workplace discrimination.
- Disparate Impact vs. Treatment: Discrimination can be intentional (disparate treatment) or unintentional (disparate impact/effect), where neutral criteria—like AI filtering—disproportionately exclude protected groups.
- The Four-Fifths Rule: The EEOC uses this tool to identify discriminatory effects; if a disadvantaged group is eligible at a rate less than 80% of the majority group, it creates a discriminatory effect.
- Business Necessity: If an AI system has a discriminatory effect, the employer must prove it is a "job-related business necessity" through validation studies.
Risks of "Hallucination" and Inaccuracy
- AI Errors: AI models can "hallucinate," meaning they invent facts, case citations, and legal analysis.
- Human Oversight: Experts strongly suggest human oversight to prevent AI systems from making unchecked or biased decisions.
Data Privacy and Discovery Risks
- Loss of Privilege: A recent New York federal ruling found that legal inquiries made to AI by non-lawyers are not protected by attorney-client privilege and are discoverable in court.
- Confidentiality Breaches: Disclosing information to "open" AI platforms is legally comparable to publishing it in a newspaper, potentially waiving trade secret protections.
- Recording Risks: AI-enabled meeting tools create records that are discoverable in litigation and may require explicit employee consent.
Vendor Liability and "Shadow AI"
- Employer Accountability: Using a third-party vendor does not absolve the employer of legal responsibility for discriminatory outcomes.
- Shadow AI: Unsanctioned use of AI tools by staff—known as "shadow AI"—remains the legal responsibility of the organization.
Productivity Monitoring and Labor Relations
- Hyper-Precision Monitoring: AI tools used for monitoring can lead to litigation regarding privacy and compensable time for minor breaks.
Action Items for Employers
- Conduct a Workplace AI Audit: Identify all AI models currently in use, including built-in enterprise tools and "Shadow AI".
- Review Vendor Terms and Compliance: Examine vendor contracts for indemnification and request validation studies to ensure tools are legally compliant.
- Implement an AI Acceptable Use Policy: Create written guidelines specifying approved platforms, data restrictions, and the obligation to verify results.
- Perform Bias Testing: Audit AI-driven decisions periodically to ensure no protected categories are adversely impacted.
- Establish Data Retention Policies: Define how long AI records and recordings are kept and ensure compliance with "litigation hold" requirements.
Contact us if you'd like to work with Wimberly Lawson to knock out these action items.
