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Author Archives: New England Biz Law Update staff

EEOC reaches first workplace AI settlement

Artificial intelligence

Last month, a tutoring company reached a settlement with the EEOC in the amount of $365,000 in a case involving an artificial intelligence (AI) selection tool that automatically rejected older applicants. Recently, the EEOC has cautioned employers about the possibility ...

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NLRB revises standard on employers’ duty to bargain

Reaching agreement

At the end of August, the NLRB issued two full-Board decisions, Wendt Corporation and Tecnocap, LLC, that address the statutory duty of employers to bargain with unions before making changes in terms and conditions of work. The employer in Wendt had laid off 10 ...

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Employers brace for fallout from NLRB decision

Open office interior

A reversal of course by the National Labor Relations Board has management-side lawyers and their clients scrambling to reassess work rules for whether they may now be deemed unlawfully to chill employee rights to engage in concerted activity. A divided ...

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Department of Labor proposes expanded overtime rule

Employee being handed paycheck

Many more workers would be eligible for overtime under a proposed rule released by the Department of Labor. According to the DOL, the proposed rule would guarantee overtime pay for most salaried workers earning less than $1,059 per week, about ...

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NLRB ruling creates new framework for union representation proceedings

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

The National Labor Relations Board has announced a new framework for determining when employers are required to bargain with unions without a representation election. The new framework, created under the Board’s decision in Cemex Construction Materials Pacific, LLC (N.L.R.B., Case 28-CA-230115), overturns ...

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Massachusetts businesses could have liability risk from Location Shield Act

GPS tracking on phone screen

Businesses could be exposed to liability if the Massachusetts Legislature enacts measures banning the sale of cellular location data. Introduced in both the Senate and the House earlier this year, the Location Shield Act is billed as an act “protecting ...

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EEOC proposes broad Pregnant Worker Act rule

Pregnant employee

A newly proposed rule to implement the federal Pregnant Workers Fairness Act seems to paint the employee’s right to a reasonable accommodation with a broad brush while maintaining a firm standard for the employer’s burden of showing that a particular ...

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U.S. senator issues DEI warning to law firms

Fifty-one law firms across the country have been targeted by a U.S. senator’s warning that race-based hiring programs pose a greater risk of violating federal civil rights laws in the wake of the U.S. Supreme Court’s recent decision in the ...

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EEOC updates guidance on visual disabilities

Empty office

The Equal Employment Opportunity Commission (EEOC) recently issued new guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and employees with vision impairments. In particular, the guidance addresses the following topics: When an employer may ask ...

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OSHA requires more data from high-hazard employers

Construction worker at job site

The U.S. Department of Labor has announced a final rule that will require certain employers in high-hazard industries to submit more injury and illness information to the Occupational Safety and Health Administration (OSHA). Effective January 1, 2024, certain businesses in ...

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