Newsletters

Artificial Intelligence Facing Increasing Scrutiny under Discrimination Laws

01 February 2022 | Newsletters

More and more employers are using artificial intelligence (AI) in the hiring process, and as a result, the government and civil rights groups are both interested and concerned about the practice. One might argue that the use of artificial intelligence is helpful in ensuring non-discrimination, since hiring decisions would be unaffected by the personal bi...

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Can a Worker Be Fired for a Positive Covid-19 Test And/or Asking for Leave to Quarantine?

01 February 2022 | Newsletters

Suppose an employee tests positive for COVID-19 or asks for leave to quarantine. One could argue that a worker who tests positive for COVID-19 is a "direct threat" to the workplace because of the contagious nature of the disease. One could also argue that granting leaves to large numbers of persons creates an "undue hardship" for the employer. Although...

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With the OSHA Vaccination Mandate Gone, What Happens Next?

01 February 2022 | Newsletters

Let's first review where we are on the vaccination mandate issue. The U.S. Supreme Court decided in a 6-3 ruling on January 13, 2022 that the Occupational Safety and Health Administration (OSHA) was not empowered by Congress to issue a regulation of such vast significance. At the same time, the high court in a 5-4 ruling indicated that a separate vaccin...

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Federal Contractors Now Subject to "Ban the Box" Rules

01 February 2022 | Newsletters

Effective December 20, 2021, a new rule in the National Defense Authorization Act took effect in which federal contractors can no longer inquire about an applicant's criminal history before extending a conditional job offer to work on a government contract. A new federal rule is expected to be issued in the near future to encourage and explain how to com...

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Federal Contractor Minimum Wage Final Rule Requires $15.00 Minimum Wage

12 January 2022 | Newsletters

On November 22, 2021, the Department of Labor's (DOL) Wage and Hour Division issued a final rule implementing President Biden's Executive Order 14026, increasing the Minimum Wage for Federal Contractors, which applies to all workers performing work on or in connection with covered federal contracts. This minimum wage will increase to $15.00 per hour begi...

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Appeals Court Lifts Stay to OSHA Vaccination ETS (Updated)

12 January 2022 | Newsletters

On Friday night, December 17, 2021, the Sixth Circuit Court of Appeals in Cincinnati lifted the stay of OSHA's Emergency Temporary Standard (ETS) on mandatory vaccination or weekly testing. In a 2-1 opinion written by an Obama appointee, and joined in by a Bush appointee, the Sixth Circuit dissolved the nationwide stay previously issued by the Fifth Circ...

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Workplace Walk-outs and Strikes This Year Have More than Doubled

11 January 2022 | Newsletters

Unions have engaged in over 240 major strikes this year, doubling the number from last year. Some have labeled the situation "strike-tober." The causes show an increased self-confidence and militancy on the part of employees.

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Federal Contractors Soon to Be Required to Verify They Have Affirmative Action Plans

11 January 2022 | Newsletters

In general, companies that do business with the federal government are required to have affirmative action plans. Such plans address how contractors recruit and employ women, minorities, certain veterans, workers with disabilities, and set goals for recruitment. Under the prior policy, the Office of Federal Contract Compliance Programs (OFCCP) would not r...

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Where Have All the Missing Workers Gone?

17 December 2021 | December 2021

The U.S. currently has approximately 10.5 million open positions, and there are more open positions than there are unemployed Americans. Thus, the scarce labor supply is causing employers to be unable to meet their labor needs. The reason is that the U.S. is missing around 4.3 million workers who would be available to work if the participation rate was ...

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Companies Dropping Drug Testing or Lowering Hiring Requirements

17 December 2021 | December 2021

In today's job market, openings outnumber applicants by a large margin. Out of necessity, therefore, employers are re-examining their application process and entrance requirements, and eliminating those that are not absolutely necessary, to encourage more new hires.

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New Administration Effort to Protect Immigrant Workers

17 December 2021 | December 2021

The Biden Administration has recently announced that U.S. immigration authorities will no longer carry out mass arrests of unauthorized immigrants at work sites. The thinking is that large arrest operations have "mis-allocated enforcement resources" and discouraged fearful immigrant workers from cooperating in workplace investigations. The Administratio...

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