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Author Archives: New England Biz Law Update staff

Reporting on AI hiring tools requested

Using ChatGPT on laptop

The Office of Federal Contract Compliance Programs (OFCCP) has issued a new requirement for government contractors to disclose their use of recruitment and hiring technology, including the use of artificial intelligence (AI). The updated requirement now asks for information on ...

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Court dismisses most employee COBRA notice claims

Scales of justice in courtroom

Recent years have seen a rise in class action lawsuits claiming that a company’s COBRA notice was inadequate and failed to meet Department of Labor (DOL) regulatory requirements. These lawsuits generally claim that the COBRA election notices either failed to ...

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OSHA proposal would allow union reps (and others) at workplace inspections

Man driving forklift in warehouse

Late last month, the Occupational Safety and Health Administration (OSHA) issued a proposed rule that would expand the third parties who could participate in an OSHA inspection. Specifically, the rule would give a designated employee representative the right to accompany ...

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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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