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Articles by Ann Bevitt
AI in the Workplace: US Legal Developments | JD Supra
Recent federal, state and litigation developments in artificial intelligence (AI) use in the workplace highlight the growing tension between fostering innovation and safeguarding against discrimination and other harms arising from using AI tools at work. This alert outlines key developments from this year and offers compliance tips for employers.
English Court of Appeal Rules on Compensation for Data Breaches | JD Supra
The English Court of Appeal has handed down an important judgment in Farley v. Paymaster (Equiniti) [1] on when compensation may be claimed for nonmaterial damage (such as distress or anxiety) arising out of breaches of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA). The case arose from misaddressed annual pension benefit statements sent to current and former Sussex police officers.
No-Poach Agreements Draw 360 Million Euros in EU Antitrust Fines | JD Supra
In June 2025, the European Commission (EC) and the French Competition Authority (FCA) took enforcement action against three cartels involving “no-poach” practices – agreements not to hire or solicit rivals’ employees. Five companies were ordered to pay nearly 360 million euros in fines.
ICO Releases ‘Consent or Pay’ Guidance | JD Supra
What happened? The UK Information Commissioner’s Office (ICO) has released updated guidance on ‘consent or pay’ business models. These models present users with a choice to either consent to the processing of their personal data for purposes like personalised advertising in return for access to a product or service, or pay a fee to access the product or service without personalised ads.
Gone but Not Forgotten: Federal Laws Still Apply Despite Guidance Disappearance Act
Seemingly overnight, several key artificial intelligence (AI) guidance documents from the US Equal Employment Opportunity Commission (EEOC) and US Department of Labor (DOL) regarding the use of AI in the workplace vanished from the agencies’ websites. These documents were the result of a multiyear effort to provide employers with guidance on how to use AI tools in the employment life cycle without running afoul of employment laws.
ICO Releases ‘Consent or Pay’ Guidance
What happened? The UK Information Commissioner’s Office (ICO) has released updated guidance on ‘consent or pay’ business models. These models present users with a choice to either consent to the processing of their personal data for purposes like personalised advertising in return for access to a product or service, or pay a fee to access the product or service without personalised ads.
New UK Employment Rights Bill Marks Landmark Shift in Worker Protections | JD Supra
On 10 October 2024, the UK Labour government unveiled a landmark Employment Rights Bill aimed at revolutionising worker protections and rights. According to the government, the bill is designed to boost pay and productivity via a ‘pro-business, pro-worker’ approach.
New UK Employment Rights Bill Marks Landmark Shift in Worker Protections
On 10 October 2024, the UK Labour government unveiled a landmark Employment Rights Bill aimed at revolutionising worker protections and rights. According to the government, the bill is designed to boost pay and productivity via As workplaces continue to evolve, particularly in the post-pandemic era, the government’s aim is that this bill will address what it believes are long-standing issues related to job security, flexibility, and overall workplace fairness.
New Duty on UK Employers to Prevent Sexual Harassment | JD Supra
On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force, introducing a new positive duty on employers in the UK to take ‘reasonable steps’ to prevent the sexual harassment of their employees in the course of their employment. The act will give employment tribunals the power to uplift compensation by up to 25% where an employer is found to have breached this new duty.
California Federal Court Clears Path for Software Developers’ Potential Employment Discrimination Liability | JD Supra
On July 12, 2024, in a landmark decision, the US District Court for the Northern District of California held that software developer Workday, a human resource management service provider for employers, can be held liable as an “agent” of its customers – that is, employers under federal antidiscrimination law. In Mobley v. Workday, Inc., job applicant Derek Mobley alleges algorithmic screening tools provided by Workday to its customers unlawfully rejected his applications to more than 100 jobs.
Year-End Tasks for US Employers Facing Compliance Obligations | JD Supra
In recent years, we have seen numerous notable employment and labor law developments annually, and 2023 was no exception. As the year comes to a close, US employers should take time to prepare for 2024 by reviewing their key employment practices in light of new developments. Below, we’ve identified some year-end tasks to prepare for changes in the new year.
New UK Guidance On Workplace Monitoring
On 3 October 2023, the UK's Information Commissioner's Office (ICO) published new guidance on workplace monitoring. The previous guidance was issued in 2011, as part of the ICO's Employment Practices Code, and was badly in need of updating, given both the development of new monitoring technologies over the last 12 years and the increase in hybrid and remote homeworking, especially during and since the pandemic.
UK Government Announces Upcoming Changes in Employment Law | JD Supra
In this alert, we’ve highlighted some of the key developments in UK employment law and explain what they may mean for employers. Limits on noncompetition restrictions The UK government has announced its intention to limit the duration of noncompete post-termination restrictions in employment contracts to a maximum of three months.
What Employers Should Know About Protecting Confidential Information In England
Confidential information is one of a business' most prized and valuable assets. However, it is rarely something that can be locked in a safe, because employees often require access to it for the purposes of carrying out their duties. Below we consider how confidential information is protected in England and what options are available when confidential information is misused.
What Employers Should Know About Protecting Confidential Information in England
Confidential information is one of a business’ most prized and valuable assets. However, it is rarely something that can be locked in a safe, because employees often require access to it for the purposes of carrying out their duties. Below we consider how confidential information is protected in England and what options are available when confidential information is misused.
Crossing the Atlantic: Comparison of US and UK Employment Concepts | JD Supra
April 5, 2023 Ann Bevitt, Wendy Brenner, Ross Eberly, Chris Stack Cooley LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: For US companies contemplating an expansion into the UK, there are a number of employment-related factors to consider, as the requirements for employers and rights of employees differ significantly across the pond.
Crossing the Atlantic: Comparison of US and UK Employment Concepts
For US companies contemplating an expansion into the UK, there are a number of employment-related factors to consider, as the requirements for employers and rights of employees differ significantly across the pond. Below, we’ve provided a brief overview highlighting the differences between some of the key employment concepts in the two countries.
Paid Leave for Nearly All Illinois Employees Coming Soon
Paid leave for any reason is coming to Illinois. On March 13, 2023, Gov. JB Pritzker signed the Paid Leave for All Workers Act (Paid Leave Act), which requires employers to provide up to 40 hours of paid leave to nearly all employees in Illinois. The Paid Leave Act becomes effective on January 1, 2024.
NLRB Reverts to Prior Policy Restricting Employee Nondisparagement and Confidentiality Provisions | JD Supra
On February 21, 2023, the National Labor Relations Board (NLRB) returned to long-standing precedent that an employer may not offer severance conditioned on an employee’s agreement to broad nondisparagement and confidentiality provisions. Such an offer violates Section 7(a) of the National Labor Relations Act (NLRA), irrespective of whether the employee actually enters into the agreement.
New York Requires Employers to Provide Electronic Versions of Mandatory Workplace Postings
On December 16, 2022, New York Gov. Kathy Hochul signed into law an amendment to New York Labor Law Section 201 that requires employers to make mandatory workplace postings available electronically. Before the amendment, the law required that certain legal notices be posted conspicuously in the workplace. Now, employers must also make digital versions of the physical notices available, either on the employer’s website or via email.
Federal Court Holds Massachusetts Employers May Use Stock Options As Consideration for Noncompetes | JD Supra
US District Judge Patti B. Saris of the US District Court for the District of Massachusetts recently held that stock options will suffice as “mutually agreed upon consideration” and “fair and reasonable consideration” under the Massachusetts Noncompetition Agreement Act in Cynosure LLC. v. Reveal Lasers LLC, No. 22-cv-11176-PBS (D. Mass. Nov. 9, 2022).
Federal Court Holds Massachusetts Employers May Use Stock Options As Consideration for Noncompetes
US District Judge Patti B. Saris of the US District Court for the District of Massachusetts recently held that stock options will suffice as “mutually agreed upon consideration” and “fair and reasonable consideration” under the Massachusetts Noncompetition Agreement Act in Cynosure LLC. v. Reveal Lasers LLC, No. 22-cv-11176-PBS (D. Mass. Nov. 9, 2022).
California's Broad Pay Transparency Law Takes Effect Next Year
On September 27, 2022, California Governor Gavin Newsom signed Senate Bill 1162, a broad pay transparency bill requiring employers to include pay ranges in all job advertisements effective January 1, 2023. The bill also requires employers to submit expanded annual pay data reports that include pay data on employees hired through labor contractors to the California Civil Rights Department (CRD) beginning May 10, 2023, and every second Wednesday in May annually thereafter.
EXPERT INSIGHTS—Florida Temporarily Blocked from Enforcing Individual Freedom Act, But Employers Should Proceed with Caution
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Washington State’s Silenced No More Act: What Employers Need to Know | JD Supra
Background Washington state’s Engrossed Substitute House Bill 1795, also known as the Silenced No More Act, took effect June 9, 2022, and prohibits nondisclosure and nondisparagement provisions that prevent an employee or contractor from disclosing or discussing conduct the individual reasonably believes to be illegal acts of discrimination, harassment, retaliation, wage and hour violations, sexual assault, or other conduct recognized as being against a clear mandate of public policy.
Washington State's Silenced No More Act: What Employers Need To Know
Background Washington state's Engrossed Substitute House Bill 1795, also known as the Silenced No More Act, took effect June 9, 2022, and prohibits nondisclosure and nondisparagement provisions that prevent an employee or contractor from disclosing or discussing conduct the individual reasonably believes to be illegal acts of discrimination, harassment, retaliation, wage and hour violations, sexual assault, or other conduct recognized as being against a clear mandate of public policy.
How (Not) To Handle Disclosures By Whistleblowers
UK: How (Not) To Handle Disclosures By Whistleblowers 29 December 2021 Cooley LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. "Although the UK's whistleblowing regime has been around for nearly 25 years, employers still frequently get into trouble when handling disclosures by employees." Read the article The content of this article is intended to provide a general guide to the subject matter.
Cooley Privacy Talks: UK Privacy Update
To print this article, all you need is to be registered or login on Mondaq.com. Post-Brexit, the UK is no longer a member state of the European Union, meaning that the data protection regime that applies to UK-related processing is separate from – but currently remains similar to – that which applies to EU-related processing.
Cooley Privacy Talks: UK Privacy Update | JD Supra
Post-Brexit, the UK is no longer a member state of the European Union, meaning that the data protection regime that applies to UK-related processing is separate from – but currently remains similar to – that which applies to EU-related processing. There are certain impactful consequences of this separate regime, as well as some further changes to the UK privacy landscape as a result of the UK having become a ‘third country’ and no longer being a member state of the EU.
Massachusetts High Court Eases Burden On Business, Confirms FLSA Test Governs Joint Employer Inquiry
To print this article, all you need is to be registered or login on Mondaq.com. On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) held that the multifactor standard of the Fair Labor Standards Act (FLSA), and not the Massachusetts Independent Contractor Law's “ABC test,” determines joint employer status under Massachusetts law.
New York To Require Employers To Inform Workers Of Electronic Monitoring
To print this article, all you need is to be registered or login on Mondaq.com. On November 9, 2021, New York Gov. Kathy Hochul signed into law a bill that will require employers in New York State who engage in any electronic monitoring of employees' telephone, email and internet access and usage to provide notice to employees about such monitoring. The law takes effect on May 7, 2022.
OSHA Issues Emergency Temporary Standard For Large Employer Vaccine Mandate
To print this article, all you need is to be registered or login on Mondaq.com. On November 6, 2021, the US Court of Appeals for the Fifth Circuit issued an order freezing implementation of the OSHA ETS pending a challenge to the constitutionality of the vaccine mandate. We will keep you updated about developments in the case.
President Biden Takes Aim At Enforceability Of Noncompete Agreements Via Federal Agency Call To Arms
To print this article, all you need is to be registered or login on Mondaq.com. On July 9, 2021, President Joseph Biden issued the Executive Order on Promoting Competition in the American Economy. The Order is a broad call to action to federal agencies to create a more “open and competitive” economy by decreasing industry and market consolidation.
DSARs: Are The Courts Flexing Their Muscles (Again)?
To print this article, all you need is to be registered or login on Mondaq.com. In the 2020 UK case of Lees v Lloyds Bank plc EWHC 2249 (Ch) (24th August 2020), the High Court dismissed a claim against Lloyds Bank for alleged failures to provide adequate responses to Mr Lees' data subject access requests ('DSARs') in breach of the Data Protec tion Act 2018 ('DPA 2018') and the GDPR.
New UK Tax Rules On Off-Payroll Working – Go-Live Date Approaches - Employment and HR - UK
UK: New UK Tax Rules On Off-Payroll Working – Go-Live Date Approaches 03 March 2021 by David Wilson , Reshma David , Ann Bevitt , Chris Stack , Natasha Kaye and Jack Jones Cooley LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The UK tax authority, HMRC, has published a policy paper regarding new off-payroll working rules due to come into force on 6 April 2021.
Alert: New UK Tax Rules on Off-Payroll Working – Go-Live Date Approaches | JD Supra
The UK tax authority, HMRC, has published a policy paper regarding new off-payroll working rules due to come into force on 6 April 2021. Publication of the policy at this stage can be read as a clear indication that the new rules will go live as planned and that there will not be a repeat of last year’s deferral.
Washington, DC, Passes Sweeping Ban On Non‑Competes
To print this article, all you need is to be registered or login on Mondaq.com. Last month, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020, which will have significant implications for all employers with employees working in DC.
Alert - Brexit Readiness: Key Impacts of the UK-EU Brexit Deal | JD Supra
Since our last update in December, the UK and the EU have officially agreed on a Brexit deal. The agreement has brought with it a multitude of legislative changes across various areas of UK law. In support of understanding those changes, please find below a summary of key changes across these six discrete areas. We’d be happy to discuss your Brexit transition across these areas. Please reach out to your Cooley contact if you have any questions.
US DOL Issues Final Rule To Simplify Analysis Of Workers In Gig Economy
To print this article, all you need is to be registered or login on Mondaq.com. A critical and growing issue facing gig economy platforms and other similar business models is the failure of existing laws to reflect the realities of a modern, adapting workforce.
Alert: Virginia Enacts Permanent COVID-19 Employee Health and Workplace Safety Regulations | JD Supra
On January 13, the Virginia Department of Labor and Industry’s Safety and Health Codes Board voted to enact a permanent workplace safety rule to protect employees from COVID-19 exposure, making Virginia one of the first states in the US to impose COVID-19-specific safety requirements on public and private employers of all sizes.
EEOC Issues COVID-19 Vaccine Guidance
To print this article, all you need is to be registered or login on Mondaq.com. The US Equal Employment Opportunity Commission (EEOC) issued revised guidance on December 16 relating to COVID-19 vaccines in the workplace. As the Food and Drug Administration began to authorize emergency use of vaccines, the much-anticipated guidance from the EEOC effectively permits employers to impose a mandatory vaccination program under certain conditions.
California Department Of Public Health Issues New Quarantine Guidance
To print this article, all you need is to be registered or login on Mondaq.com. As described in detail in our previous alert, the Cal/OSHA emergency temporary standard with respect to COVID-19 went into effect on November 30. Since then, the California Department of Public Health (CDPH) and Governor Gavin Newsom have issued new guidance on required quarantine periods, thus updating the Cal/OSHA Emergency Temporary Standards applicable to COVID-19.
End-of-Year Employer Reminders Regarding COVID-19 Paid Sick Leave, Reporting Obligations In California
To print this article, all you need is to be registered or login on Mondaq.com. With legislative activity around COVID-19 is continuing at a steady pace, it is easy to lose track of the myriad requirements applicable to employers, especially those requirements applicable to employees reporting into a worksite. This alert summarizes recently enacted requirements applicable to California employers regarding sick pay and reporting positive COVID-19 cases.
Alert: End-of-Year Employer Reminders Regarding COVID-19 Paid Sick Leave, Reporting Obligations in California | JD Supra
With legislative activity around COVID-19 is continuing at a steady pace, it is easy to lose track of the myriad requirements applicable to employers, especially those requirements applicable to employees reporting into a worksite. This alert summarizes recently enacted requirements applicable to California employers regarding sick pay and reporting positive COVID-19 cases.
Cal/OSHA Enacts COVID-19 Emergency Temporary Standards
To print this article, all you need is to be registered or login on Mondaq.com. On November 19, the Cal/OSHA Standards Board adopted an emergency temporary standard with respect to COVID-19, creating a number of new requirements for California employers. On November 30, the Office of Administrative Law approved the proposed emergency temporary standard and employers must now comply with this new standard effective immediately.
Brexit Readiness: Possible Key Impacts Of The Conclusion Of The Transition Period On 31 December 2020 - Government, Public Sector - European Union
To print this article, all you need is to be registered or login on Mondaq.com. On 31 January 2020, the UK left the European Union and entered a transition period that is due to end at 11:00 pm GMT on 31 December 2020. At this point, it is still uncertain whether a new EU/UK deal will be reached.
Alert: Brexit Readiness: Possible Key Impacts of the Conclusion of the Transition Period on 31 December 2020 | JD Supra
On 31 January 2020, the UK left the European Union and entered a transition period that is due to end at 11:00 pm GMT on 31 December 2020. At this point, it is still uncertain whether a new EU/UK deal will be reached. To support Brexit readiness planning in a fast-moving environment, we have reviewed a range of possible impacts across 11 discrete areas, considering UK and EU policy, as well as regulatory and legislative developments since the EU referendum in 2016.
Employee-Monitoring In Europe Comes Under Spotlight After H&M Fine
European Union: Employee-Monitoring In Europe Comes Under Spotlight After H&M Fine 29 November 2020 Cooley LLP To print this article, all you need is to be registered or login on Mondaq.com. "Hennes & Mauritz AB's fashion retailer H&M faces a ?35.3 million ($41 million) fine for having recorded personal details of the lives of employees at a German service center for several years, violating the European Union's privacy rules." To view the article, please click here.
Data Protection And Brexit: Key Areas To Consider
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