April 12, 2024

Labor and Employment Newsletter

3 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.


Staying Compliant—Avoiding Wage Theft in New York

In October 2023, we wrote an alert detailing an amendment to New York's Penal Code that added wage theft as a means of committing criminal larceny. This amendment, along with the creation of a specialized Worker Protection Unit within the Manhattan District Attorney's office, reflected a renewed focus in New York on the issue of wage theft. Given the recent high-profile indictments against hospitality owners, including Grimaldi's Pizzeria, this alert will provide some timely tips to avoid wage theft issues.

Nonprofits Managing Risk for Youth Programs: Ten Key Compliance Strategies

Many nonprofit organizations, such as summer camps, schools, sports leagues, membership associations, religious organizations, childcare centers, and youth clubs for various hobbies, regularly host programs involving participation by children. When working with children, nonprofits must establish and implement safeguarding practices and procedures to prevent the abuse and mistreatment of children. Below are proactive measures nonprofits can take to design and implement effective child protection practices.

Education Roundup: Challenges to DEI Efforts Continue in the Wake of Students For Fair Admissions

Institutions of higher education (IHEs) and prospective applicants continue to grapple with the shifted landscape of admissions practices after the United States Supreme Court's Students for Fair Admissions decision (Decision) struck down race-conscious admissions last year, (see prior Venable articles about the Decision here, here, here, and here). Since the June 2023 Decision, new challenges to race-conscious policies or programs in higher education continue to emerge.

Lies, Damned Lies, and AI: Lie-Detecting AI May Expose Employers to Liability

It's that time of year again—hiring season! And right on cue, your director of human resources has scheduled a meeting to pitch you a quick fix: artificial intelligence (AI). As the meeting gets under way, you are quick to express your skepticism. After all, you've recently read that despite the best of intentions, the use of AI in the hiring process may lead to discrimination against certain applicants and may expose employers to potential liability. Brushing your skepticism aside, your director presses on, and, hearing him out, you must admit this new tool could be a game changer: video-interview technology that claims that by watching how applicants answer questions, it can make judgments about their credibility and trustworthiness. In other words, AI lie detection. No doubt, you think, this could boost efficiency. But is it too good to be true? A recent lawsuit suggests that, yes, it very well might be.

Attorney Spotlight

Andrew SteinbergAndrew Steinberg: Nonprofits of all sizes face varied legal matters. I was drawn to serve nonprofits because the day-to-day corporate counseling is multidimensional and multi-disciplinary and involves multiple stakeholders. Partnering with the volunteer leaders and professional staff who are dedicated to supporting nonprofits, and other attorneys who understand the needs and nuances of nonprofits, including my talented colleagues in the Labor and Employment Practice Group, has been incredibly rewarding, both professionally and personally.

About the Labor and Employment Group

The national, 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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