Expert Compliance Insights & Tips for Businesses

August 22, 2023
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Congress Drafts Bill to Regulate AI and Automated Decision Systems

This month, the U.S. Congress posted the full text of a recent bill to regulate artificial intelligence (AI) and automated decision systems in employment. The bill, currently dubbed the “No Robot Bosses Act,” proposes federal restrictions regarding an employer’s use of automated decision-making tools, including those that don’t necessarily use machine learning or AI. As AI and automated decisio...
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August 22, 2023
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OSHA Proposed Rule Clarifies PPE Standard for Construction Industry

In early August 2023, the Occupational Safety and Health Administration (OSHA) announced its proposed rule to revise and clarify the personal protective equipment (PPE) fitting requirements under its PPE standard for the construction industry. Briefly, the proposed rule states that such PPE must fit covered construction employees properly to protect them from various safety hazards. As it stand...
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Congress Drafts Bill to Regulate AI and Automated Decision Systems-8-22-23

EEOC Sues Company for Disability Discrimination Against Deaf Applicant

August 22, 2023
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On August 15th, 2023, the Equal Employment Opportunity Commission (EEOC) announced a lawsuit against an international remote-first technology company for disability discrimination against a deaf applicant. Briefly, the suit claims that the company violated federal law when it denied the applicant their request for reasonable accommodation during an interview. Furthermore, the company refused to...
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August 15, 2023
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EEOC Requests Settlement and Consent Decree in AI Discrimination Case

In what may be the first discrimination suit involving artificial intelligence (AI), the Equal Employment Opportunity Commission (EEOC) recently filed a notice of settlement and request for a consent decree in an AI discrimination case. The agency’s lawsuit alleged that a New York-based English language tutoring service programmed its AI hiring tools to automatically filter out qualified applic...
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August 15, 2023
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DOL Issues Final Rule to Modernize and Enforce the Davis-Bacon Act

This month, the U.S. Department of Labor (DOL) issued its final rule to update regulations implementing the Davis-Bacon Act and the Davis-Bacon and Related Acts (Davis Bacon Act). According to the DOL, these updates better reflect the needs of construction workers on federal contracts. The final rule follows a 2022 proposed rule that received comments from stakeholders in the construction indus...
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California Modifies Regulations Regarding Employment Background Checks-8-15-23

California Modifies Regulations Regarding Employment Background Checks

August 15, 2023
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Recently, the California Office of Administrative Law (OAL) approved the California Civil Rights Council’s (CRD’s) modifications to the state’s Fair Chance Act (FCA or “Ban the Box”) and related regulations that pertain to employment background checks in California. Under the FCA, most employers in California may not ask an applicant about their conviction history before making a conditional jo...
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August 8, 2023
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Labor Board Sets New Standard for Workplace Policies and the NLRA

Recently, the National Labor Relations Board (NLRB) set a new standard for instituting and enforcing workplace policies with respect to the National Labor Relations Act (NLRA). In a separate decision, the NLRB limited the rights of employers to discipline employees for some types of abusive conduct. Specifically, the decision applies if that behavior occurred while they engaged in concerted act...
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August 8, 2023
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EEOC Posts Proposed Rule to Implement the PWFA

Over a month after the Pregnant Workers Fairness Act (PWFA) went into effect, the U.S. Equal Employment Opportunity Commission (EEOC) issued a proposed rule to implement the PWFA. The EEOC posted the proposed rule on August 7th, 2023. Subsequently, it will be published in the Federal Register on August 11. Then it will be open for public comment for 60 days following that date. The PWFA went in...
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EEOC Posts Proposed Rule to Implement the PWFA-8-8-23

Healthcare Provider to Pay $500K+ for Unpaid Wages and Overtime

August 8, 2023
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On August 3rd, 2023, the Department of Labor’s (DOL’s) Wage and Hour Division (WHD) announced that a Texas healthcare provider will pay over $500 thousand in unpaid wages and overtime. According to WHD investigators, the employer failed to properly calculate overtime, denying its employees of earned wages. Earlier this month, the WHD announced a similar judgment in which six Connecticut restaur...
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August 1, 2023
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EEOC Released Updated Guidance on Visual Disabilities and the ADA

On July 26th, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released updated guidance on how the Americans with Disabilities Act (ADA) applies to employees and applicants with visual disabilities. The EEOC released the guidance on the 33rd Anniversary of the ADA. Concurrently, the Biden Administration released a presidential proclamation that signaled a renewed focus on the ADA ...
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DOJ Challenges EEOC's Stance on Disparate Impact Claims
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