1. This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into December 2019. The episode includes:

    1. Federal Agencies Hit New Enforcement Records

    The Department of Labor announced that both the Wage and Hour Division and the Office of Federal Contract Compliance Programs (OFCCP) had record financial recoveries for fiscal year 2019. The Wage and Hour Division pulled in $322 million in wage and hour enforcement, which is $18 million more than the record set last fiscal year. And the OFCCP netted over $40 million in bias settlements—$16 million more than the previous record in fiscal year 2017. Epstein Becker Green’s Garen Dodge tells us why these record enforcements are likely to continue:

    “I think that it tells us that really nothing has changed. The Department of Labor continues to be staffed by people who are serious in enforcing the laws. I think OFCCP and the Wage and Hour Division of the US Department of Labor have all put together procedures to encourage early compliance with the laws, and to settle with those folks who have violated the law.”

    2. OFCCP Releases CSAL Supplement

    On November 8, the OFCCP released a Corporate Scheduling Announcement List Supplement, identifying 500 federal contractors for Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) focused reviews. These audits will include a comprehensive review of the contractor’s policies and procedures to assess whether a business provides equal employment for protected veterans.

    3. AI Technology Gains Traction for Employers

    Artificial intelligence (AI) technology is gaining traction among employers as a tool for hiring and other HR functions. Where there is traction, regulation soon will follow, and the state of Illinois is taking the lead in that regard. Starting January 1, 2020, Illinois employers will face new restrictions on their use of AI to analyze applicant video interviews. Under the new law, the Artificial Intelligence Video Interview Act (AIVI), employers will have to notify applicants and obtain consent before using AI for video interviews, in addition to other restrictions.

    “I believe that employers across the nation can expect more of this type of restrictive legislation as employers continue to use artificial intelligence for workplace purposes. The AIVI’s concepts of notice and consent aren’t really that new. Laws governing the use of workplace biometrics, such as Illinois’ Biometric Privacy Act, similarly require notice and consent.” — Adam Forman, Member of the Firm, Epstein Becker Green

    4. NJ Looks to Tighten Restrictions on Gig Workers

    New Jersey is attempting to restrict the gig economy. The Garden State has made several aggressive moves to limit the use of independent contractors. Most recently, a bill has been introduced in the state Senate that would amend the state wage-hour and unemployment laws, and tighten the “ABC test” used to distinguish between employees and independent contractors. We’ll keep you updated on any developments with this bill and other efforts from the state.

    5. Tip of the Week

    Barbara Harris, Senior Legal Editor of Practical Law Labor & Employment for Thomson Reuters Practical Law, shares some tips for keeping confidential workplace information that is gathered using AI technologies:

    “One of the other issues is really whether the underlying data can be protected. Really, the answer to that is probably going to depend on where the data comes from, so if the AI is running over data that’s derived from your personnel files and your own Human Resources internal information, well, that information in and of itself is probably already going to be protected as confidential within your regular confidentiality agreements. So, if you're dealing with a publicly available information source in the recruiting process, you might not be able to protect that, but you can protect what’s done to it.”

    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. A Trending News interview from Employment Law This Week®, featuring attorney Adam Forman, Member of the Firm:

    AI technology is gaining traction among employers as a tool for hiring and other human resources functions. Where there is increasing popularity, regulation will follow, and the state of Illinois is taking the lead with the Artificial Intelligence Video Interview Act (AIVI Act).

    We invite you to view Employment Law This Week® – tracking the latest developments that could impact you and your workforce. The series features three components: Trending News, Deep Dives, and Monthly Rundowns.

    Watch the series and subscribe for email notifications: 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.

    # vimeo.com/374978252 Uploaded 3 Views 0 Comments
  3. A Trending News interview from Employment Law This Week®, featuring attorney Garen Dodge, Member of the Firm:

    The Department of Labor (DOL) announced that both the Wage and Hour Division (WHD) and the Office of Federal Contract Compliance Programs (OFCCP) had record years in fiscal year 2019—the WHD for wage recovery and the OFCCP for bias settlements.

    We invite you to view Employment Law This Week® – tracking the latest developments that could impact you and your workforce. The series features three components: Trending News, Deep Dives, and Monthly Rundowns.

    Watch the series and subscribe for email notifications: 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.

    # vimeo.com/374495235 Uploaded 3 Views 0 Comments
  4. Alyson Olson, Vice President of Human Resources at Abode Healthcare, shares some tips for California employers, and for those in an increasing number of states across the country with legalized marijuana, on best practices for determining your approach to drug screening:

    “Enforcing drug-free workplace policies and conducting drug tests is becoming particularly risky. You’re going to want to make certain you do a detailed review of the state laws that cover drug testing, as well as non-discrimination. Effective communication and a clear understanding of your policies is imperative. Your employees must understand that if they were to come into the workplace or work while under the influence of marijuana, it is strictly prohibited, even if, in that state they’re working in, marijuana is legal to consume recreationally or medically, it’s still prohibited in your workplace. The law and court decisions are going to continue to evolve over the coming years. It is crucial that you as the employer, that you continue to check your policies, your procedures around drug testing and ensure that they still meet your business needs and are effective.”

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 146: August 2019), an online series by Epstein Becker Green. youtu.be/oPSngakRHxk

    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.

    # vimeo.com/371719266 Uploaded 3 Views 0 Comments
  5. This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into November 2019. The episode includes:

    1. New California Law Arguably Preempted by FAA

    California has passed a new law that states, “A person shall not, as a condition of employment, continued employment, or the receipt of any employment-related benefit, require any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act.” But many employers and law firms are taking the position that this legislation is preempted by the Federal Arbitration Act (“FAA”).

    “We can expect to receive challenges in the coming months from employers doing business in California as well as business groups, arguing that this new California law is preempted by the Federal Arbitration Act, or the ‘FAA.’”—Kevin Sullivan, Associate, Epstein Becker Green

    2. California Employment Law Updates Could Signal Changes Across the Country

    Home to one-eighth of the United States’ population, California is a bellwether for states across the country, and that’s why we’re keeping our focus there this month.

    “This year, Governor Gavin Newsom signed almost every employment-related bill that the California Legislature presented to him. Assembly Bill 9 extends the time to file a complaint alleging employment discrimination and related claims with the Department of Fair Employment and Housing, the administrative agency generally charged with enforcing California’s employment and civil rights laws, from one year to three years. AB 5 writes into law the ‘ABC test’ set forth in the California Supreme Court’s 2018 Dynamex decision. To establish that someone is a contractor under the now-codified test, a company must show that the worker is free from the control and direction of the company, performs work outside the company’s usual course of business, and that the worker’s regularly engaged in the work that they were hired to do, independent from the work being performed for the company. While a nationwide ‘ABC test’ [and] a federal ban on arbitration are unlikely under the current political environment, they could signal larger changes in the not-so-distant future.”—David Prager, Associate, Epstein Becker Green

    3. California Consumer Privacy Act Amended

    Employee data gets a brief reprieve from the California Consumer Privacy Act (“CCPA”), thanks to one of several amendments made ahead of the CCPA’s effective date of January 1, 2020. The CCPA gives consumers rights over their personal information, including rights relating to the access and deletion of that information. Because the law defines the term “consumer” broadly, those rights would extend to information that an employer maintains regarding its employees and job applicants. The amendment creates an exception to many requirements of the CCPA for the personal information of employees and job applicants, but only until January 1, 2021.

    4. Tip of the Week

    Alyson Olson, Vice President of Human Resources at Adobe Healthcare, shares some tips for California employers, and for those in an increasing number of states across the country with legalized marijuana, on best practices for determining your approach to drug screening:

    “Enforcing drug-free workplace policies and conducting drug tests is becoming particularly risky. You’re going to want to make certain you do a detailed review of the state laws that cover drug testing, as well as non-discrimination. Effective communication and a clear understanding of your policies is imperative. Your employees must understand that if they were to come into the workplace or work while under the influence of marijuana, it is strictly prohibited, even if, in that state they’re working in, marijuana is legal to consume recreationally or medically, it’s still prohibited in your workplace. The law and court decisions are going to continue to evolve over the coming years. It is crucial that you as the employer, that you continue to check your policies, your procedures around drug testing and ensure that they still meet your business needs and are effective.”—Alyson Olson, VP of Human Resources, Adobe Healthcare

    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.

    # vimeo.com/371229936 Uploaded 3 Views 0 Comments

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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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