We previously posted about employer use of Artificial Intelligence, AI, and the emerging legal issues associated with such tools. Recently, the National Labor Relations Board General Counsel issued GC Memorandum 23-02, which outlined her view that the use of electronic monitoring and artificial intelligence can run afoul of the National Labor Relations Act. The memo
Adam Santucci
How to Get Ahead of Equal Pay Act Claims
A recent press release by the U.S. Equal Employment Opportunity Commission (EEOC) demonstrates that Equal Pay Act claims are becoming increasingly common. The EEOC in Baltimore, MD announced that an auto dealership agreed to pay $62,500 to resolve an Equal Pay Act claim by a female employee. The employee had alleged that she was being…
Thinking about a Reorganization or Rightsizing? Here are Five Key Questions for your Organization to Consider Now
As the negative economic outlook continues to fill our news and social media feeds, many organizations are pondering what an economic shift may mean for their business. Others have moved on to the next stage of grief, acceptance, and have started to plan ahead. For some organizations, this means considering, and possibly implementing, a reorganization…
More on Workplace Surveillance
Our blog post on Nanny Cams in the workplace turned out to be one of our most popular posts (makes us wonder what people are putting in the search bar?). So, we thought we would follow up with some more information for employers about surveillance in the workplace.
Employers with unionized workforces will need to…
NLRB Issues Proposed Rule for Determining Joint-Employer Status
Whether two entities are “joint employers” is an important question under the National Labor Relations Act. Consider Company A, which contracts with Company B, a staffing company, to provide maintenance or other services at Company A’s facility. The maintenance workers are employed directly by Company B. While working at Company A’s facility, Company B’s employees…
NYC Passes Ordinance Restricting Use of AI in Employment Applicant Screening
We recently wrote about the Equal Employment Opportunity Commission’s Guidance on the use of Artificial Intelligence in the hiring process. AI is exploding. It is being put to use in many different industries and toward many different applications, including in various human resources related functions. As we previously discussed, the use of AI can…
Appeals Court Finds Union Can Be Liable Under RICO Statute
In an important decision for employers and unions alike, the Third Circuit Court of Appeals, the federal appeals court with jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, held that a union could be liable under the federal Racketeering Influenced and Corrupt Organizations (RICO) Act. The decision opens a new avenue…
McNees Launches Human Resource Management Consulting Firm
McNees recently announced the creation of HR Influenced, a human resource management consulting firm offering a variety of HR solutions. Led by Kristen Evans, a dynamic HR professional with decades of experience, HR Influenced will offer clients a full array of professional services including: recruiting, leadership coaching, compensation and benefits analysis and support, employee recognition…
EEOC Issues Guidance on Using Artificial Intelligence in the Hiring Process
At our 31st Annual Labor and Employment Law Seminar, there was a panel discussion regarding the War for Talent. As part of that presentation, we reviewed some of the new and creative application processes that employers are adopting to help attract, screen and onboard employees more effectively and efficiently. We also discussed the use…
Pay For College Play Not Coming to a School Near You
This post was authored by Frank Lavery, II, a Law Clerk with McNees. Frank is currently a student at the University of Notre Dame Law School and expects to earn his J.D. in May of 2022.
On June 21, 2021, the United States Supreme Court issued its opinion on the hotly contested issue of compensation…