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EEOC releases assistance document on AI and Title VII

Artificial intelligence

With a focus on preventing discrimination against job seekers and workers, the EEOC has issued a technical assistance document entitled, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil ...

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EEOC updates COVID-19 guidance

Businessmen in masks bumping elbows

In the wake of the federal announcement that the COVID-19 public health emergency is over, the EEOC has issued updates to its COVID-19 technical assistance. The guidance is entitled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation ...

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Form I-9 flexibility halted by DHS

U.S. Department of Homeland Security

Since the beginning of the pandemic, the Department of Homeland Security (DHS) has made it easier for employers working remotely to file Form I-9. But soon that will no longer be the case. Form I-9 is used to verify the identity ...

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Employee can’t bring FMLA interference claim

Scales of justice in courtroom

An employee who would have been lawfully terminated had they not taken leave under the Family and Medical Leave Act cannot prove that their employer interfered with their FMLA rights by not reinstating them, a federal appeals court has ruled. ...

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Biden administration proposes ban on use of salary history in employment offers

Job applicants waiting to be interviewed

The use of previous salary history in determining pay for federal employment offers would be prohibited under proposed regulations released by the U.S. Office of Personnel Management (OPM). The proposal states that federal agencies would not be able to consider an applicant’s ...

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Refinancing uncertainty in commercial real estate

Katie Burgener

There have been a lot of headlines recently about property valuations, interest rates and a potential credit crunch for commercial real estate.  The great financial crisis of 2008 (“GFC”) is frequently cited as a potential guide to how this may ...

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NLRB reverts to earlier standards for evaluating employee misconduct

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

A recent NRLB decision has returned to long-established “setting-specific” standards in cases where employees are disciplined or discharged for misconduct that takes place during activity that is otherwise protected by the National Labor Relations Act. These standards center around how ...

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Tips for updating your social media policy

Social media icons

In the past, it was sufficient for employers to have a simple social media policy. An employer could essentially bar employees from using company devices to post nonwork-related content on social media and mandate that work-related posts be business appropriate. ...

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NLRB: Tesla supervisors violated labor law

Tesla showroom (ifeelstock/Deposit Photos)

Tesla supervisors at a Florida service center violated federal labor law by barring employees from talking about pay and other working conditions and bringing complaints to higher level managers, an NLRB Administrative Law Judge has ruled. In late 2021, employees ...

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Bills to close pay gap introduced in Congress

Illustration of gender pay gap

Three bills intended to help close the pay gap for women and minorities have been introduced in Congress. The measures were introduced in the U.S. House of Representatives by Rep. Eleanor Holmes Norton (D-D.C.), who was also the first woman ...

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