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Implications for Employers of Colorado’s New Biometrics Law

Zoe M. Argento, Philip L. Gordon, Kwabena A. Appenteng, Orly Henry and Alyssa Daniels discuss the Biometric Amendment, an amendment to the Colorado Privacy Act that requires employers to obtain consent before collecting and using biometric information.

SHRM Online

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Court Thwarts Efforts to Conceal Driving History Information from Employers

Rod M. Fliegel and Cirrus Jahangiri discuss what a recent court of appeal decision means for employers in California, who are often restricted from access to employees’ public records, including criminal history information.

SHRM Online

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New Colorado Employment Laws Enacted, Other Statutes Modified

Thomas W. Carroll, Matt Freemann, David C. Gartenberg and Billie Jo M. Risheim provide an overview of the significant new laws passed during the 2024 legislative session that affect Colorado employers.

SHRM Online

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c

New Colorado Law Protects Consumer Biological and Neural Data

Zoe Argento talks about the new compliance requirements for employers under Colorado’s biometric privacy law.

Law Week Colorado

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Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The Amendment is a milestone in the broader ongoing effort to resolve BIPA’s vague statutory language and courts’ expansive interpretations of the law, which have resulted in businesses across Illinois paying hundreds of millions of dollars to settle the 1,000+ BIPA class actions filed in state and federal courts to date.




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BIPA Reform Becomes Law, But Damages Concerns Persist

Orly Henry says a recent BIPA amendment is an important change that will help protect businesses and help Illinois remain competitive in the global economy.

Law360

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Canada: SCC Decision Offers Potential Insight into Privacy Rights for Private-Sector Employees

In a significant decision focused on public employers, the Supreme Court of Canada (SCC) recently held that Ontario public school boards are “government” and, as such, they are subject to the provisions of the Canadian Charter of Rights and Freedoms (Charter), and their teachers are protected from unreasonable search and seizure in their places of employment. In York Region District School Board v.




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New Colorado privacy laws to impact “broad swath” of companies

Zoe Argento says more companies are using tools like artificial intelligence that incorporate biometric identifiers, and so new privacy laws are likely to apply to a larger swath of employers than might think they must comply with them. 

The Sum & Substance

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What HR should know about Colorado’s new AI law

Philip L. Gordon says a new AI law in Colorado means that any employer doing business in the state with more than 50 employees will have specific obligations when AI is a factor in the decision-making processes that affect personnel.

HR Brew

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Netherlands issues guidance on using AI chatbots

Stephan Swinkels says some data breaches are inevitable and employers must move quickly to minimize the damage in the event of a breach.

International Employment Lawyer

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Politics in the Workplace and the Risks of Social Media

  • How employers address employees’ use of social media as a forum to engage on political issues entails a range of considerations.
  • Social media’s potential to reach an outsized audience compared to traditional venues for political discourse may increase the negative effects of controversial political speech in the workplace.




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Mailbag: We rejected a job candidate. When can we delete their information?

David Goldstein discusses how long employers should keep rejected job candidates’ records and says their ATS system for storing those records should be configured to comply with applicable laws.

HR Dive

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The Risks Of Employee Political Discourse On Social Media

Bradford Kelley and James McGehee discuss the potential risks for employers when employees use social  media for political purposes.

Law360

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Private employers should consider this when navigating politics in the workplace

Joycelyn Stevenson shares four key points employers should consider when it comes to politics at work.

Nashville Business Journal

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Important Changes for Businesses in Australia – What Employers Should Know

  • Several new employment law changes in Australia have or will soon become enforceable.
  • Employers may need to review and revise their policies and procedures governing wage theft, the right to disconnect, shut-down notices, privacy, sexual harassment, and independent contractors.




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Cybersecurity Considerations for Employers Sponsoring ERISA Plans

  • Cyber-criminals often steal funds and personal data from employee benefit plans.
  • Employers face increasing liability for failures in cybersecurity of the employee benefit plans they sponsor, including for the security of plan assets and data managed by service providers.
  • The DOL has updated its detailed guidance on cybersecurity for ERISA-covered benefit plans.




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Senate Recesses Without Votes On Biden NLRB Nominees

The Senate recessed, leaving two nominees key to the partisan balance on the National Labor Relations Board in limbo, and Michael Lotito says it’s a sign that their confirmations are not guaranteed.

Law360

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Calif. Becomes Latest To Ban 'Captive Audience' Meetings

Michael Lotito comments on states banning captive audience meetings.

Law360

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Fewer Than Half of Companies Have Policies Governing Employee Use of Generative AI

Marko Mrkonich discusses findings in Littler’s AI C-Suite Survey Report that explains why it’s essential for employers to implement workplace generative AI policies.

Corporate Compliance Insights

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Just 11% of Legal Departments Predict Gen AI Will Be 'Transformative,' As Its Honeymoon Phase Fades

Marko Mrkonich says it’s important for companies to establish their AI compliance framework at the beginning, instead of after employees have already gotten used to deploying AI in certain ways.

Corporate Counsel

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3 Wage Cases To Watch As Justices Return To Bench

Alex MacDonald says a California assembly bill unlawfully targets certain companies or groups of companies.

Law360 Employment Authority

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New GC Memo May Rein In 'Stay Or Pay' Schemes

Tyler Sims discusses what General Counsel Jennifer Abruzzo’s tough stance on stay or pay could mean for employers.

Law360 Employment Authority

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Geopolitics, AI adoption, climate risk worrying European firms

Stephan Swinkels, Jan-Ove Becker and Deborah Margolis discuss findings from Littler’s 2024 European Employer Survey Report.

International Employment Lawyer

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AI and Geopolitics Top Concerns for Employers In 2024

Stephan Swinkels discusses key findings in Littler’s 2024 European Employer Survey Report, including AI use and politically charged issues in the workplace.

Law360

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EHRC race discrimination fund supported 27 cases in 2022/23

In light of news that the EHRC legal support scheme funded only 27 race discrimination cases during 2022-23, Philip Cameron and Lisa Cameron say it’s important that legal support schemes continue to support litigants in employment discrimination cases.

Personnel Today

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Economic concerns, AI top list of European employer concerns, study finds

Stephan Swinkels and Deborah Margolis discuss key findings in Littler’s 2024 European Employer Survey Report and what they mean for employers.

The Global Legal Post

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Strikes in the Age of Automation and AI: How HR Can Prepare for the Future

Bradford Kelley talks about how important it is for employers to create effective AI policies.

SHRM

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Nearly 3 in 4 European employers using AI in HR function – but risks a concern

Deborah Margolis talks about the importance of creating effective GenAI policies.

Human Resources Director America

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5 Questions About NY's Workplace Violence Prevention Law

Rebecca Goldstein and Terri Solomon comment on New York's Retail Worker Safety Act, which requires retail employers to adopt a violence prevention policy.

Law360 Employment Authority

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Day 1 Unfair Dismissal Right Risks Diversity And Justice Aims

Ben Smith discusses a UK proposal to abolish the two-year qualifying period for employees to bring an unfair dismissal claim against their employer.

Law 360

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Employers in Europe struggling to manage political discussions at work

Stephan Swinkels and Jan-Ove Becker discuss workplace issues that European employers are struggling with, including geopolitical events, political debates and LGBTQ+ rights. 

Human Resources Director Asia

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An Accidental Outcome? Alex MacDonald returns to discuss how the NLRA’s success has resulted in fewer unions & what might happen under a new administration in DC

Alex MacDonald discusses his article “The Accidental Success of the NLRA: How a Law About Unions Achieved Its Goals by Giving Us Fewer Unions” on a podcast.

Labor Union News

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New workers' rights 'to cost firms £5bn a year’

Ben Smith says Labour's plans to upgrade workers' rights would create extra red tape for employers. 

BBC

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c

How A California Intersectionality Law Might Boost Equal Pay

Joy Rosenquist says a new law enshrining the principle of intersectionality in California’s anti-discrimination statutes will have a substantial impact on equal pay litigation.

Law360 Employment Authority

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2nd Circ. OT Ruling On Pleadings Shapes Strategy A Year Out

Paul Piccigallo says the Second Circuit panel's unanimous ruling in Herrera v. Comme Des Garçons Ltd has resulted in the filing of fewer motions to dismiss at the initial responsive pleading stages in overtime lawsuits.

Law360 Employment Authority

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c

Businesses breathe sigh of relief after Dutch expat tax reversal

Stephan Swinkels discusses a major reversal in reforms to Dutch tax law that would have impacted the recruitment and mobility of highly skilled foreign talent.

Global Mobility Lawyer

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Right To Disconnect Plan May Erode Firms' Long-Hours Culture

Ben Smith and Maya Beauville say the UK government's softened plan to grant employees the right to disconnect out of hours is unlikely to change the legal sector's entrenched long-hour culture anytime soon.

Law360

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NYC Pet Leave Bill Marks 'Radical Departure' In Sick Time Use

Kelly M. Cardin provides insight about why New York City is expanding its sick leave law to let workers use it to care for pets and service animals.

Law360

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Business leaders plead for changes in state’s new AI law

Zoe Argento provides insight into Colorado’s AI law and the risks employers may have if they allow AI tools in the workplace. 

The Sum & Substance

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c

AI in the Workplace: Labor Department Issues Best Practices for Employers

Bradford J. Kelley stresses to employers the importance of implementing safeguards when considering adopting AI technologies.

Thomson Reuters

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Texas ABM Ruling Threatens Future of Labor Agency Law Judges

Alex MacDonald says the US Labor Department’s ability to use in-house judges to resolve claims may have to be addressed by the US Supreme Court because circuit splits threaten to limit the judges’ power. 

Bloomberg Law

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How different would Harris, Trump be for HR? 5 areas to watch

Michael Lotito, Jorge Lopez, Jim Paretti and Shannon Meade share their outlooks on the biggest changes that could be coming down the pike for HR after Election Day.

HR Executive

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Six high-stakes employment rules that could tilt on the election

Michael Lotito, Jim Paretti, and Shannon Meade discuss what a new administration will mean for employment law and employers.

American City Business Journals

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How The Presidential Election Will Affect Workplace AI Regs

Bradford Kelley, Jim Paretti and Eduardo Reyes Chavez say a new administration could lead to changes in AI compliance requirements for employers nationwide.

Law360

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Punching In: Su's Future at Labor Unclear Even if Harris Wins

Jim Paretti says resignations in the Labor Department are coming no matter who wins the 2024 election.

Bloomberg Law

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US employers warn staff to remain civil to avoid election conflict

Bradford J. Kelley and James McGehee say employees’ controversial posts on social media can damage brand reputations and expose companies to discrimination and harassment claims.

Financial Times

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c

What A Trump Or Harris Win Means For Stalled Noncompete And Overtime Rules

Jim Paretti and Shannon Meade discuss how the election will affect the fate of overtime and noncompete laws.

Forbes

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Law360 Gives Attys New Tool To Track EEOC Amicus Briefs

Jim Paretti says labor and employment attorneys need to look at amicus briefs because they provide good insight into how the EEOC will view certain things.

Law360 Employment Authority

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What a Trump return would mean for the EEOC

Jim Paretti talks about how the EEOC’s recent work may be affected by the election results.

POLITICO Pro

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Why You Haven’t Heard More About The Minimum Wage This Election Season

Shannon Meade says wage legislation on the hill has consistently failed and stalled in Congress, so states have been stepping up to fill the void.

Forbes

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