1. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    Big Data and People Analytics

    In this week's show, we take a look at the legal implications of an intriguing trend in the field of human resources: the use of big data and people analytics. These tools can assist employers in analyzing large data sets to help with hiring, recruiting, measuring productivity, evaluating fitness for promotion, and more. Frank Morris, from Epstein Becker Green, has seen data analytics emerge as an increasingly important area of his practice:

    “Businesses are using people analytics today to get away from what they've done in the past— just using headhunters, posting to job boards, seeking resumes, putting ads both online and in hard copy papers—to get a broader net, and to get a broader net of folks brought in who are going to be able to do the work that now needs to be done in an increasingly tight labor market, and to be diverse and inclusive at the same time. So, it really marks a change in the way the net is being cast, as well as some of the indicia that are supposedly being tested through the use of people analytics.”

    The opportunity to increase efficiency, reduce costs, and improve decision-making is huge. The vast majority of U.S. employers consider people analytics important, and investors see the market potential. In recent years, billions of dollars have been invested in backing companies making applications that use this technology. But Deloitte’s HR Consulting branch reports that, as of early 2016, only 8 percent of companies were actually using predictive analytics. One reason that employers have been slow to deploy the technology is that it carries its own risks of legal exposure. Nathaniel Glasser, from Epstein Becker Green, recently collaborated with Frank Morris on an article looking at the legal implications of this technology. We asked him about the risks:

    “The expectation with using people analytics is often that you'll reduce subjectivity and therefore decrease the risk of an intentional discrimination claim. Companies have to be careful that the algorithm that they use doesn't perpetuate biases or otherwise increase the risk of a disparate impact claim. Companies also must be aware of the record-keeping rules that apply to them, whether they're a private company serving the private sector, or a federal contractor that might be subject to different record-keeping requirements under the OFCCP.”

    For more, click here: Card TBD

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  2. In this extended feature from Employment Law This Week® (Episode 111: Week of April 2, 2018), we explore the legal implications of an intriguing trend in the field of human resources: the use of big data and people analytics. These tools can assist employers in analyzing large data sets to help with hiring, recruiting, measuring productivity, evaluating fitness for promotion, and more. Attorneys Frank Morris and Nathaniel Glasser from Epstein Becker Green recently collaborated on an article looking at the legal implications of this technology. We sat down with them to get their thoughts.

    Read the article: ebglaw.com/news/big-data-people-analytics-and-employment-decisions-the-rewards-and-often-overlooked-risks/

    This is an extended interview from Employment Law This Week® (Episode 111: Week of April 2, 2018), an online series by Epstein Becker Green: ebglaw.com/eltw111

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  3. Diane DiResta, President of DiResta Communications, shares some tips for "getting to the point" in communications.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 110: Week of March 26, 2018), an online series by Epstein Becker Green. youtu.be/KyJOj6q9xbY

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C.

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  4. Washington State “bans the box.” With the governor's signature, Washington becomes the 11th state to extend background check reform to private employers. The state’s Fair Chance Act (“FCA”) prohibits employers from obtaining criminal background check information until after the applicant has met basic qualifications for a job. The FCA also prevents employers from automatically excluding applicants with a criminal record. Thirty-one states and more than 150 cities and counties nationwide have now adopted similar “ban the box” legislation for either public or private employers. Katrina Walasik, from Epstein Becker Green, has more.

    For more, click here: ebglaw.com/eltw110-fs

    This is an extended interview from Employment Law This Week® (Episode 110: Week of March 26, 2018), an online series by Epstein Becker Green. youtu.be/KyJOj6q9xbY

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  5. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    (1) Washington State Adopts “Ban the Box” Legislation

    Our top story: Washington State “bans the box.” With the governor's signature, Washington becomes the 11th state to extend background check reform to private employers. The state’s Fair Chance Act (“FCA”) prohibits employers from obtaining criminal background check information until after the applicant has met basic qualifications for a job. The FCA also prevents employers from automatically excluding applicants with a criminal record. Thirty-one states and more than 150 cities and counties nationwide have now adopted similar “ban the box” legislation for either public or private employers. Katrina Walasik, from Epstein Becker Green, has more:

    For more, click here: ebglaw.com/eltw110-fs

    (2) Circuit Court Vacates Decision Based on New NYCHRL Standard

    There is a new lower standard for punitive damages under the New York City Human Rights Law (“NYCHRL”). The U.S. Court of Appeals for the Second Circuit held that the legal standard for awarding punitive damages under the NYCHRL is more liberal than the federal standard under Title VII of the Civil Rights Act of 1964. The Second Circuit applied a ruling from New York State’s highest court on a certified question. The district court in this case had instructed the jury to apply the federal standard. The Second Circuit remanded the case for a determination based on the new standard under the New York City law.

    (3) NLRB Extends Deadline for Comments on Union Election Rule

    The National Labor Relations Board (“Board”) has once again extended the deadline for comments on the so-called “ambush election rule,” adopted in 2014. Employers now have until April 28 to submit feedback. The Board is seeking data and comments and may consider whether the amended rule should be modified, rescinded, or left as is. The Board first announced that it would solicit public comments in December, when Republicans made up the Board majority. Earlier this month, a Senate committee approved President Trump’s nomination of management lawyer John Ring to the Board. His confirmation by the full Senate would return the Board to a 3-2 Republican majority.

    (4) Harassment Allegations Bring Down The Weinstein Company

    In February, New York Attorney General Eric Schneiderman filed a civil rights lawsuit against Harvey Weinstein and his company. This came amidst similar lawsuits that accused the company of aiding and abetting Weinstein’s behavior. The lawsuits and related accusations caused a group of investors who were interested in buying the company to pull out. On March 19, the company filed for bankruptcy protection and released anyone “who suffered or witnessed any form of sexual misconduct by Harvey Weinstein” from nondisclosure agreements.

    For more, read our recent HR Dive article, “How Harassment Allegations Can Bring Down an Entire Company”: ebglaw.com/eltw110-hr

    (5) Tip of the Week

    Diane DiResta, President of DiResta Communications, Inc., shares some tips for "getting to the point" in communications:

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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Employment Law This Week®

Epstein Becker Green

Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at ebglaw.com/employment-law-this-week/

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