As the use of artificial intelligence in employment decisions grows, regulations on the practice will increase as well.  Illinois has kicked off these regulations with the Artificial Intelligence Video Interview Act, which requires employers to disclose and job applicants’ consent before using artificial intelligence on candidate videos when used to assess an individual’s fitness for employment.  To prepare to comply with this law, and additional laws that we expect to follow, employers need to understand how…

On December 23, 2019, in United Parcel Service, Inc., 369 NLRB 1 (2019), the National Labor Relations Board (the Board) gave employers one final holiday gift by returning to its traditional standard for post-arbitral deferral. The Board uses this standard to decide whether it should defer to arbitration awards in cases alleging the unlawful discipline or discharge of an employee under the National Labor Relations Act (the Act). Under the re-established traditional standard, the Board…

On January 12, 2020, the U.S. Department of Labor (DOL) issued its final rule updating and revising its interpretation of joint employer status under the Fair Labor Standards Act (FLSA). The new rule simplifies the FLSA joint employer analysis with a four-factor test for determining whether workers are jointly employed by associated businesses or persons. The DOL’s changes are the first meaningful revisions since the department’s interpretive regulation was issued 60 years ago. According to…

New York state rang in 2020 with a sweeping change to its minimum wage and tip credit rules that is expected to impact roughly 70,000 workers. On December 31, 2019, the New York State Department of Labor (the NYSDOL) recommended to Governor Andrew Cuomo that the state eliminate the tip credit for all miscellaneous industry workers (don’t worry, we will explain what that means). Governor Cuomo has announced that he will implement the recommendation, which…

As a reminder to Illinois employers, on January 1, 2020 “The Equitable Restrooms Act” took effect, requiring all single-occupancy (or one-person) restrooms in a place of public accommodation or public building to be identified as all-gender and designated for use by no more than one person at a time, or for family, or assisted use.  This means that any commonly used signage representing “women” or “men” must be removed and replaced with gender-neutral signage.…

For employers in the Garden State, 2019 brought a barrage of legal changes and new requirements. As 2019 comes to a close, we recap some of the most significant changes to the employment landscape in New Jersey. Minimum wage In July 2019, the New Jersey minimum wage increased to $10 per hour. This number will increase again effective January 1, 2020 to $11 per hour, with few exceptions. This number will continue to increase every…

On Tuesday, December 17, 2019, in Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, 368 NLRB No. 143, the National Labor Relations Board (the Board or NLRB) held that an employer may restrict the use of its email system if it does so on a non-discriminatory basis, effectively reinstating the holding of Register Guard, 351 NLRB 1110 (2007). This is one of several employer-friendly decisions issued by the Board this week. Five years ago in…