Matthew Savage Aibel

Firm/Organization: Epstein Becker & Green, P.C.

Blogs: Technology Employment Law, Trade Secrets & Employee Mobility, Wage and Hour Defense Blog

Latest Articles

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

By Nathaniel M. Glasser, Adam S. Forman, Matthew Savage Aibel & Alison Gabay

January 8, 2020

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade Commission (“FTC”) by a consumer advocacy organization, Electronic Privacy Information Center (“EPIC”), illustrates some of those potential pitfalls. EPIC asks the FTC to investigate the recruiting technology company HireVue for alleged discriminatory screening of job applicants through its face-scanning software.…

Technology Employment Law

Are Your AI Selection Tools Validated? OFCCP Provides Guidance for Validation of AI-Based Algorithms

By Nathaniel M. Glasser, Adam S. Forman & Matthew Savage Aibel

July 31, 2019

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We have long counseled employers using or contemplating using artificial intelligence (“AI”) algorithms in their employee selection processes to validate the AI-based selection procedure using an appropriate validation strategy approved by the Uniform Guidelines on Employee Selection Procedures (“Uniform Guidelines”). Our advice has been primarily based on minimizing legal risk and complying with best practices. A recently updated Frequently Asked Questions (“FAQ”) from the Office of Federal Contract Compliance Programs (“OFCCP”) provides further support for…

Technology Employment Law

Proposed Amendment to California Consumer Privacy Act (CCPA) Reaffirms Employer Notice Requirement and Employee Private Right of Action for Failure to Implement Cybersecurity Safeguards to Take Effect January 1, 2020

By Brian G. Cesaratto, Patricia Wagner, Deanna Ballesteros & Matthew Savage Aibel

July 23, 2019

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The recently proposed amendment to the California Consumer Privacy Act (CCPA) should be a wake up call to those employers who are not already actively planning for the January 1, 2020 compliance deadline. The amendment reaffirms that employers must (i) provide employees with notice of the categories of personal information collected and the purposes for which the information shall be used at or before collection; and (ii) implement reasonable cybersecurity safeguards to protect certain employee…

Technology Employment Law

Companies Using Video Interviewing Beware: New Obligations for Positions Based in Illinois

By Adam S. Forman, Nathaniel M. Glasser & Matthew Savage Aibel

June 11, 2019

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Increasingly companies are using third-party digital hiring platforms to recruit and select job applicants. These products, explicitly or implicitly, promise to reduce or eliminate the bias of hiring managers in making selection decisions. Instead, the platforms grade applicants based on a variety of purportedly objective factors. For example, a platform may scan thousands of resumes and select applicants based on education level, work experience, or interests, or rank applicants based on their performance on an…

Technology Employment Law

Illinois Supreme Court Declares “Aggrieved” Under BIPA Includes Those with No Injury

By Adam S. Forman, Nathaniel M. Glasser & Matthew Savage Aibel

January 29, 2019

As we previously reported, since 2017 employees have filed dozens of employment class actions claiming violations of Illinois’ 2008 Biometric Information Privacy Act (“BIPA”). In short, BIPA protects the privacy rights of employees, customers, and others in Illinois against the improper collection, usage, storage, transmission, and destruction of biometric information, including biometric identifiers, such as retina or iris scans, fingerprints, voiceprints, and scans of face or hand geometry. Before collecting such biometric information,…

Trade Secrets & Employee Mobility

Lack of Actual Knowledge of The Existence of a Non-Compete Defeats Tortious Interference Claim

By Matthew Savage Aibel

February 14, 2017

In Acclaim Systems, Inc. v. Infosys, the U.S. Court of Appeals for the Third Circuit recently rejected a claim for tortious interference with a non-compete, because the plaintiff introduced no evidence of actual knowledge that the individuals in question were covered by non-competes. Infosys, an IT services company, bid on a job from Time Warner Cable (“TWC”) that had been serviced by a competitor, Acclaim. TWC decided to transfer the project over to Infosys,…

Trade Secrets & Employee Mobility

Illinois Passes Law Banning Noncompete Agreements for Low Wage Workers

By Peter A. Steinmeyer & Matthew Savage Aibel

September 1, 2016

Illinois recently became one of the first states to ban non-compete agreements for low wage workers when it passed the Illinois Freedom to Work Act. The law, which takes effect on January 1, 2017 and applies to agreements signed after that date, bars non-compete agreements for workers who earn the greater of 1) the Federal, State, or local minimum wage or 2) $13.00 an hour. At present, because the State minimum wage is below $13.00…

Technology Employment Law

Data: It Is Lurking Everywhere, Especially in the Shadows

By Adam S. Forman & Matthew Savage Aibel

August 23, 2016

For years, companies have been struggling to understand the multitude of locations where their data resides. From traditional employment files with embedded Social Security numbers, to new-aged hiring software with videos of job applicants, and enterprise software used to facilitate employee communications, controlling employee, customer, and corporate data is, to say the least, a logistical challenge. One of the newest entries into the mix is the increased use of ShadowIT and cloud-based storage systems. ShadowIT…

Trade Secrets & Employee Mobility

Companies on Notice as White House Releases Report on Non-Competes

By Matthew Savage Aibel

June 7, 2016

On May 6, the White House released a report entitled: “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses” (the “White House Report”). This report comes on the heels of the United States Department of Treasury’s Office of Economic Policy releasing a similar report about non-competes in March 2016 (the “Treasury Report”). While the U.S. economy has recovered since the last recession, the Obama Administration has identified a decline in…

Trade Secrets & Employee Mobility

Are Courts Still Willing to “Blue Pencil” Overbroad Restrictive Covenants to Make Them Enforceable?

By Anthony J. Laura & Matthew Savage Aibel

April 25, 2016

Restrictive covenant agreements are traditionally governed by state law and thus subject to various jurisdictions’ rules regarding enforceability. They stand on a different footing than most other contracts, in that their enforcement is typically susceptible to a court’s equitable powers, and may not always be enforced as written, if at all. States differ on whether their courts will deny enforcement of a restrictive covenant deemed overbroad as written by the parties or instead modify it…

Matthew Savage Aibel

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

Are Your AI Selection Tools Validated? OFCCP Provides Guidance for Validation of AI-Based Algorithms

Proposed Amendment to California Consumer Privacy Act (CCPA) Reaffirms Employer Notice Requirement and Employee Private Right of Action for Failure to Implement Cybersecurity Safeguards to Take Effect January 1, 2020

Companies Using Video Interviewing Beware: New Obligations for Positions Based in Illinois

Illinois Supreme Court Declares “Aggrieved” Under BIPA Includes Those with No Injury

Lack of Actual Knowledge of The Existence of a Non-Compete Defeats Tortious Interference Claim

Illinois Passes Law Banning Noncompete Agreements for Low Wage Workers

Data: It Is Lurking Everywhere, Especially in the Shadows

Companies on Notice as White House Releases Report on Non-Competes

Are Courts Still Willing to “Blue Pencil” Overbroad Restrictive Covenants to Make Them Enforceable?

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