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► Generative AI Is Here: Are Your Workplace Policies Ready?

July 10, 2023

As generative artificial intelligence (GAI) technology, such as ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason, employers increasingly are implementing policies to mitigate potential risks and ...

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► What Employers Should Know About Drafting a PERM Notice

July 6, 2023

The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification from the U.S. Department of Labor (DOL). The labor certification is ...

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► Dealing with Remote Employees and FMLA Leave

June 26, 2023

With increasing numbers of employees working remotely, employers can sometimes lose sight of the fact that remote workers may be eligible for leave under the Family and Medical Leave Act (FMLA). A bulletin issued in February by the U.S. Department of Labor’s (DOL) Wage and Hour Division ...

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► Preventing Competitors from Tapping Your Secrets

June 23, 2023

Many companies accumulate trade secrets, such as pricing schemes, business plans, and production shortcuts, but they don’t want competitors to tap into this private reserve of knowledge. The easiest way for a competitor to obtain these secrets is by hiring one of your key employees. A ...

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► Special Delivery: Considerations for Pregnant Employees

June 22, 2023

The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to dis-criminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or childbirth. Let’s look at how the PDA and the Pregnant ...

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► Offensive Workplace Music Triggers Harassment Lawsuit

June 19, 2023

Sometimes music at work can be a welcome diversion. But not all songs favored by employees come from The Sound of Music . An employer’s obligation to keep its workplace free from harassment includes paying attention to what music your employees are exposed to while working. Monster ...

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► How Employers Can Prepare as Union Organizing Rises

June 15, 2023

The overall percentage of private sector unionization dipped slightly (by .2%) in 2022, but labor unions made strides in organizing new workers. In 2022, unions won more elections to represent private sector employees than in any year since 2005. They also won a record-high 76% of all elections ...

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► DOL Proposes Another Increase in Exempt Salary Threshold

June 12, 2023

In 2016, the U.S. Department of Labor (DOL) sought to implement regulations to increase the salary threshold for the Fair Labor Standards Act’s (FLSA) “white collar” overtime exemptions from $455 to $913 per week. The regulations also called for the threshold to be updated ...

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► EEOC Targeting Discriminatory Use of AI

June 8, 2023

Along with states and cities beginning to legislate the use of artificial intelligence (AI) in employment decision-making, the Equal Employment Opportunity Commission (EEOC) has reaffirmed its position of ensuring legally compliant use of AI in this area. In fact, the EEOC expressly identified ...

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► When Everyone is Watching: Employee Monitoring & Tracking

May 24, 2023

At the Dentons Davis Brown annual labor and employment law seminar in April, employers discussed many topics that arose during the COVID-19 pandemic or were preexisting but were exacerbated by it. One such issue is employee monitoring. Employers normally monitor employees ...

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