Handling References and Referrals While Safeguarding Your Business
(Podcast) California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks
California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks
A Guide to Running Background Checks: What's the Tea in L&E?
Law School Toolbox Podcast Episode 496: The Early BigLaw Recruiting Timeline (w/Sadie Jones)
DE Talk | How SMBs Can Use AI Hiring Tech in Inclusive Ways
Reel Shorts | Labor & Employment: Navigating AI Compliance Risks in Recruiting
Leading the Ted Lasso Way: Cultivating a Positive Leadership Mindset - Hiring to Firing Podcast
The Burr Broadcast: AI in the Workplace
#WorkforceWednesday®: Staples Sued Over MA’s Lie Detector Notice, NJ’s Gender-Neutral Dress Code, 2024 Voting Leave Policies - Employment Law This Week®
DE Under 3: AI Revolution is Now Here with Major Ramifications
DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
Work This Way: A Labor & Employment Law Podcast - Episode 24: Young Professionals and The Emerging Workforce with Kamber Parker
Work This Way: A Labor & Employment Law Podcast - Episode 22: Compensation Programs with Carrie Cavanaugh of Find Great People
Employment Law Now VIII-144 – Current AI Regulatory Landscape and Employer Best Practices
DE Under 3: An Explanation of the Current Federal Budget Bill Confusion
DE Under 3: Four Things Recruiters Should Take Away from Our “Year-over-Year” Unemployment Pool Comparison Charts
Protecting Off-Duty Cannabis Use in California: What Employers Should Know
DE Under 3: Complaint Dismissed Alleging an Applicant Screening Tool Discriminated Based on Race, Age, & Disability
DE Under 3: Conservative Activist Group Filed OFCCP Complaints, Alleging Major Airlines' DEI Programs Violated Federal Contracts
A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more
The United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, rejecting a heightened burden for plaintiffs in “majority-groups” to meet their evidentiary burden in discrimination...more
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger discuss important considerations for employers regarding employee references and referrals. Businesses need a centralized response system and a...more
Last year, the U.S. District Court for the District of Massachusetts issued a decision in Baker v. CVS Health Corporation with an important reminder to employers regarding their required disclosure in employment applications...more
A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more
Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more
Don't quit your current job! Bloomberg Law had a good article yesterday by Jo Constantz about AI-conducted job interviews. (Paid subscription may be required to access.) According to the article, many companies are now...more
Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more
Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more
Massachusetts law, G.L. c. 149, § 19B, has long banned the use of lie detector tests in employment, and since 1986, also states that employers should provide affirmative notice on all job applications regarding the use of lie...more
Washington State has taken a significant step for employers under its pay transparency law by giving employers a five-business-day grace period to correct violations in job postings and limiting the damages plaintiffs can...more
On Tuesday, May 20, Washington Gov. Robert Ferguson signed an important amendment to the Equal Pay Act that grants employers at least temporary reprieve from liability for a job posting that fails to comply with the act's...more
In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more
Massachusetts employers are increasingly being targeted in a growing wave of class action litigation under the commonwealth’s longstanding law G.L. c. 149, § 19B. In relevant part, the law requires that all job applications...more
A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more
The Equal Pay and Opportunity Act requires employers hiring in Washington state to publish in job postings a wage scale or salary range and a general description of benefits to be offered to hired applicants. The Washington...more
On April 15, 2025, Democracy Forward Foundation, a nonprofit known for litigating cases against the federal government, filed a lawsuit against the Equal Employment Opportunity Commission (EEOC). Democracy Forward filed the...more
Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more
Washington Gov. Bob Ferguson is considering a bill that would amend the state’s wage disclosure requirements in the Equal Pay and Opportunities Act (EPOA) and implement major changes regarding potential liability for...more
It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more
Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more
Washington Cnty. Sch. Bd. v. Davis, 50 Fla. L. Weekly D247 (Fla. 1st DCA Jan. 23, 2025) - A trial court’s denial of summary judgment was overturned after an appellate court found that a job applicant failed to meet the...more
In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more
In welcome news for the business community and a shining example of bipartisan cooperation, the Washington State Legislature has almost unanimously passed an amendment to its pay transparency law that led to hundreds of class...more
I have been an ERISA attorney since 1998. More than half my career now has been in my practice for 15 years this April. For about a three-year run from 2007-2010, I had three different jobs, and the whole process of working...more