The New Year usually means new laws for California employers. This year, a new privacy law goes into effect with new mandates for employers to ensure that workers have more control over the collection and use of their personal information.
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On Monday, October 31, National Labor Relations Board General Counsel Jennifer Abruzzo issued GC Memo 23-02, “Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights.” Specifically, the Memo seeks to address the growing employer use of “a diverse set of technological tools and techniques to remotely manage workforces.” Examples of these technologies include wearable devices, security cameras, GPS tracking devices, keyloggers, and audio recordings.
Continue Reading NLRB GC To Urge Board to Regulate Electronic Worker Monitoring and Management
Assembly Bill 1651 or the Workplace Technology Accountability Act, a new bill proposed by California Assembly Member Ash Kalra, would regulate employers, and their vendors, regarding the use of employee data. Under the bill, data is defined as “any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular worker, regardless of how the information is collected, inferred, or obtained.”
Continue Reading California Assembly Proposes Data Privacy Law for Workers
The Worker Adjustment and Retraining Notification (“WARN”) Act requires employers to give employees at least 60 days’ notice when a “mass layoff” is about to occur at a “single site of employment,” which is typically a single location or a group of contiguous work locations. Courts are beginning to confront the question of what constitutes a “single site of employment” under the WARN Act for employees working remotely, and how remote work policies impact class certification considerations. Given the prevalence of remote work during the pandemic and the likely continuation of such work arrangements, these decisions are of particular importance to employers considering mass layoffs or facing class actions based on the application of remote work policies or practices.
Continue Reading Remote Employees Can Bring Class Action Under The WARN Act
Artificial intelligence is changing the way companies interact with their employees. HuntonAK’s new Labor and Employment Emerging Technology Practice is focused on helping companies navigate artificial intelligence, process automation and technological advancements that are impacting employers across all industries.
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With the age of artificial intelligence unfolding, products aimed at automating the recruiting and hiring process are hitting the market with increasing frequency. Companies have been utilizing AI for tasks such as screening resumes, and even interviewing candidates and assessing whether they will be successful employees.
Continue Reading New York City Introduces Bill to Regulate the Use of AI in Employment Decisions
Restrictive covenants and non-compete agreements are increasingly under attack, this time by the Federal Trade Commission (FTC). Companies rely on these restrictions to protect investment in intellectual property, technology and employees. On January 9, the FTC suggested that employee freedom of mobility trumps all of these legitimate business reasons companies use restrictive covenants and non-compete agreements.
Continue Reading FTC Commissioners Advocate Restrictions on Non-Compete Agreements; Seek Comments on Potential Rulemaking
Imagine a future in which Artificial Intelligence does the recruiting and hiring at U.S. companies. Every new hire will be the uniquely perfect candidate whose skills, personality, presence, temperament, and work habits are a flawless match for the job. Performance management and poor performance become extinct, relics from an age in which humans brought primitive instincts, biases, and flawed intuition to hiring and employment decisions.
Continue Reading Illinois Enacts AI Interview Law Amid an International Trend Toward Regulation
The California Labor Code requires employers to reimburse employees for certain expenses, but it’s not always clear which expenses should be reimbursed by the employer, and which expenses should be borne by employees. Here’s a list of Five Things to Remember About Employee Reimbursements to help California employers navigate this area of the law.
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Originally published in The Business Journals, Jayde Brown and Alan Marcius discuss considerations when creating an electronic communications policy.
Continue Reading Five Tips for Managing Email and Internet Use in the Workplace