The use of artificial intelligence (AI) in the recruiting and hiring process has seen increased popularity in recent years. Many businesses, seeking to lower hiring costs and reduce potential discrimination claims, have...
Employment Law Letter
On May 26, 2023, the New Jersey Appellate Division affirmed the lower court's decision to dismiss an age discrimination claim against a railroad, finding no evidence that age played any role in its decision to terminate...
On May 17, 2023, the New Jersey Appellate Division affirmed summary judgment (dismissal of charges without a trial) in favor of an employer on a complaint filed by a former employee alleging gender and pregnancy...
The Maryland General Assembly’s 2023 legislative session ended this spring, and while the session didn’t produce a lot of new employment legislation, there were a number of developments that will have a significant...
A new federal law known as the Pregnant Workers Fairness Act (PWFA) goes into effect June 27, 2023. The Act builds on existing laws such as the Pregnancy Discrimination Act of 1978 (PDA) and the Americans with...
The COVID-19 national emergency, which was originally put in place on March 13, 2020, ended on May 11, 2023. After it was declared by then-President Trump, many federal agencies made changes to the procedures associated...
Federal law requires employers to perform in-person inspections of new employees and their documents, as well as current employees with expiring Employment Authorization Documents (EADs) to verify that they’re authorized...
Sometimes music at work can be a welcome diversion. But not all songs favored by employees come from The Sound of Music. An employer’s obligation to keep its workplace free from harassment includes paying attention to...
Typically, harassment claims involve allegations that an individual has been harassed by a coworker or supervisor. A recent case involving an Illinois casino demonstrates the importance of employers guarding against...
In the latest effort by the federal government to curtail the use of noncompetes—which are traditionally governed by state law—National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a...
Summertime brings warm weather, planned vacations, and a number of state and federally recognized holidays. While long holiday weekends are often a time for celebration, cookouts, and a break from the typical 9-to-5...
The National Labor Relations Board (NLRB) continues to move the needle on its interpretation of the National Labor Relations Act (NLRA) in favor of unions. For example, in Memorandum GC 23-02 entitled “Electronic...
A recent National Labor Relations Board (NLRB) decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger...
On May 17, 2023, Governor Gretchen Whitmer signed Senate Bill (SB) 147, which amends the Elliott-Larsen Civil Rights Act (ELCRA) to prohibit employers from discriminating against employees based on their decision to...
Arbitration clauses offer a private and often speedy forum in which to resolve employment disputes. Given that many courts are still backlogged from the COVID-19 pandemic, and because legal proceedings have become part...