August 04, 2022

Labor and Employment Newsletter

4 min

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.


Navigating New York City's Artificial Intelligence Hiring Law

Our Venable colleagues recently wrote on the proliferation of artificial intelligence in employer hiring practices and the Equal Employment Opportunity Commission's (EEOC) guidance relating to avoiding discriminating against candidates on the basis of a disability. Starting on January 1, 2023, New York City employers that utilize artificial intelligence (AI) decision-making tools in their hiring practices will need to provide notice to applicants of the technology and conduct independent bias audits to ensure that these tools do not have a discriminatory impact on candidates. This alert will take a deeper dive into the requirements of the law and recommend best practices to ensure compliance.

Implementing Diversity, Equity, and Inclusion Initiatives in Hiring Without Running Afoul of Anti-Discrimination Laws

Promoting diversity in the workforce has become a key focus for many employers. Organizations have increasingly recognized the many benefits of employing a workforce with diverse backgrounds, perspectives, and experiences, and, more specifically, employees who belong to a variety of different characteristics protected by federal and state employment laws, including race, gender/sexual orientation, age, religion, and disability, among others. The challenge for employers, however, is how to promote diversity in the workforce without violating the federal, state, and local anti-discrimination laws that prohibit employers from making any employment decision, including hiring decisions, based on a legally protected trait. This article provides some best practice tips designed to help your organization navigate this complex area of the law.

WARN-ing Bells Are Ringing: WARN Act Considerations in the Remote Work Era as Recession Threatens

Another period of financial uncertainty is looming. Considering recent mass layoffs in the tech industry, rising inflation, and other economic challenges that are projected to surface during the coming months, savvy employers should refresh themselves regarding the notice obligations for mass layoffs and plant closings under the federal Worker Adjustment and Retraining Notification Act (WARN Act) and related state law analogs. They also should consider whether their pandemic-era remote employees may ultimately qualify for protection under those statutes, in the event that a sudden financial downturn strikes. A recent decision from a federal court in Virginia may prove instructive, as courts increasingly grapple with the implications of remote work for an employer's statutory obligations.

Los Angeles Grants Additional Protections for Hotel Workers and Additional Headaches for Employers

The Los Angeles City Council approved an ordinance on June 28, 2022 that grants a variety of health and safety protections to hotel and housekeeping employees, joining neighboring jurisdictions Long Beach, Santa Monica, Glendale, and West Hollywood in extending additional safeguards to a critical segment of Los Angeles' business and tourism economies. The Workplace Security, Workload, Wage and Retention Measures for Hotel Workers, as the ordinance is called, applies to all "hotel employers" in the City of Los Angeles, defined as "any person who owns, controls, or operates a hotel in the City, and includes any person or contractor who, in a managerial, supervisory, or confidential capacity, employs hotel workers to provide services at a hotel in conjunction with the hotel's purpose."

About the Labor and Employment Group

The bicoastal, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.

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