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Articles by Dabney Ware
Using AI To Help Hire?
It is expected that AI either already is or will become a routine part of recruiting and hiring, perhaps eventually even helping to manage performance. The use of AI is likely to help ease the administrative burden to screen applications and even conducting first interviews. But it is likely to also increase risk for disparate impact claims. The EEOC has issued guidance on just this point.
Using AI to Help Hire May Seem Easy — Until the Legal Challenge Comes In
I’m not big on predictions, but I’m confidently predicting the news about AI will just keep coming — some good and some bad. We can all expect that AI either already is or will become a routine part of your recruiting and hiring, perhaps eventually even helping to manage performance. The use of AI is likely to help ease the administrative burden to screen applications and even conducting first interviews. But it is likely to also increase your risk for disparate impact claims.
Using AI to Help Hire May Seem Easy — Until the Legal Challenge Comes In | JD Supra
I’m not big on predictions, but I’m confidently predicting the news about AI will just keep coming — some good and some bad. We can all expect that AI either already is or will become a routine part of your recruiting and hiring, perhaps eventually even helping to manage performance. The use of AI is likely to help ease the administrative burden to screen applications and even conducting first interviews. But it is likely to also increase your risk for disparate impact claims.
Using AI to Help Hire May Seem Easy - Until the Legal Challenge Comes In
I’m not big on predictions, but I’m confidently predicting the news about AI will just keep coming — some good and some bad. We can all expect that AI either already is or will become a routine part of your recruiting and hiring, perhaps eventually even helping to manage performance. The use of AI is likely to help ease the administrative burden to screen applications and even conducting first interviews. But it is likely to also increase your risk for disparate impact claims.
Employers Must Look Beyond Legal Rights To Lower Risk | JD Supra
This article originally appeared in Law360 on November 30, 2022. It is republished here with permission. This may seem surprising coming from a lawyer. But if employers focus solely on legal rights and obligations, they may not be taking full advantage of opportunities to lower legal risks. Don't get me wrong, knowing what's legal is an important step to help avoid trouble, but it does not always maximize risk reduction.
Don’t Let a Focus on Legal Rights Crowd Out Options that Lower Risks
Tuesday, November 8, 2022 This may seem surprising coming from a lawyer. But, if you focus solely on legal rights and obligations, you may not be taking full advantage of opportunities to lower legal risks. Knowing “what’s legal” is an important step to help avoid trouble, but it does not always maximize risk reduction. Determining legal rights and lowering risk are two different goals, even though they have significant overlap.
Don’t Let a Focus on Legal Rights Crowd Out Options that Lower Risks
This may seem surprising coming from a lawyer. But, if you focus solely on legal rights and obligations, you may not be taking full advantage of opportunities to lower legal risks. Knowing “what’s legal” is an important step to help avoid trouble, but it does not always maximize risk reduction. Determining legal rights and lowering risk are two different goals, even though they have significant overlap.
Do You Use a Template Document? If So, Make Sure It Is Working Optimally
A template document, such as for a severance agreement, can be a really good tool. When it is well-drafted, it can function as a checklist to make sure critical items are addressed, help ensure consistency in drafting, and save time. But, the best use of a template will involve customization and require you to think through standard language or provisions.
Do You Use a Template Document? If So, Make Sure It Is Working Optimally | JD Supra
A template document, such as for a severance agreement, can be a really good tool. When it is well-drafted, it can function as a checklist to make sure critical items are addressed, help ensure consistency in drafting, and save time. But, the best use of a template will involve customization and require you to think through standard language or provisions.
Stopping Harassment Before It Starts Includes Dealing With Bullying
United States: Stopping Harassment Before It Starts Includes Dealing With Bullying 16 December 2021 Foley & Lardner Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Toxic workplaces have been making plenty of headlines lately. Recent stories about toxic workplaces - and some of the fallout - have spanned all sorts of industries, from government to video gaming to professional sports. What makes a workplace toxic?
Stopping Harassment Before it Starts Includes Dealing with Bullying | JD Supra
Toxic workplaces have been making plenty of headlines lately. Recent stories about toxic workplaces - and some of the fallout – have spanned all sorts of industries, from government to video gaming to professional sports. What makes a workplace toxic? There’s probably an academic definition (or two), but what’s intended for purposes of this article is behavior that is intimidating, demeaning or belittling, and is either severe, ongoing, or both.
Tucson, Arizona Voters Pass Sweeping Wage & Hour Initiative, Including $15 Minimum Wage
Wednesday, November 10, 2021 By a 65% to 35% margin, on November 2, Tucson, Arizona, voters passed Proposition 206, officially known as the Tucson Minimum Wage Act, increasing the City’s minimum wage to $15.00 an hour by 2025. In addition, the Act includes several other significant changes that will impact employers operating in the City. Five years ago, voters statewide passed a similar proposition that incrementally raised the minimum wage to $12.00 by 2020.
Tougher Penalties For Corporate Espionage: A New Model?
United States: Tougher Penalties For Corporate Espionage: A New Model? 24 June 2021 by Dabney D. Ware and Kevin Hyde Foley & Lardner Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In this divided political age, it is rare that a legislative body can agree on anything. It is rarer still to pass something unanimously.
Tougher Penalties for Corporate Espionage: A New Model? | JD Supra
In this divided political age, it is rare that a legislative body can agree on anything. It is rarer still to pass something unanimously. But the Florida Legislature found something ALL 145 members could agree on: the “Combating Corporate Espionage in Florida Act.” The law takes effect on October 1, 2021, and provides additional means to help protect trade secrets.
Tougher Penalties for Corporate Espionage: A New Model?
In this divided political age, it is rare that a legislative body can agree on anything. It is rarer still to pass something unanimously. But the Florida Legislature found something ALL 145 members could agree on: the “Combating Corporate Espionage in Florida Act.” The law takes effect on October 1, 2021, and provides additional means to help protect trade secrets.
Florida Imposing Tougher Standards for Corporate Espionage
June 21, 2021 Community Associations - 2021 Texas Legislature - New Laws Affecting... by: Alex Valdes and Jennifer Martin Washington Expands Safety Obligations for Temporary Construction,... by: Brian P. Lundgren and Sherry L. Talton (Near) Half-Year Review and Update: Trademark Modernization Act’s... by: Andrew F. Halaby Key International Tax Proposals in the Biden Administration’s Green... by: Christopher M.
Don’t Relax – COVID-19-Related Changes are NOT Slowing Down | JD Supra
This author much prefers the well-known (at least in some circles) advice from The Hitchhiker’s Guide to the Galaxy – “DON’T PANIC.” Unfortunately, even with some hopeful signs of normal (or something close to normal) returning, it may be better to share the admonition of “Don’t Relax.” COVID-19 continues to have tremendous impact on many aspects of our lives, and certainly affects many employment considerations. The changes keep coming, and the need to pay close attention continues.
Don’t Relax - COVID-19-Related Changes are NOT Slowing Down
This author much prefers the well-known (at least in some circles) advice from The Hitchhiker’s Guide to the Galaxy – “DON’T PANIC.” Unfortunately, even with some hopeful signs of normal (or something close to normal) returning, it may be better to share the admonition of “Don’t Relax.” COVID-19 continues to have tremendous impact on many aspects of our lives, and certainly affects many employment considerations. The changes keep coming, and the need to pay close attention continues.
Don’t Relax – COVID-19-Related Changes are NOT Slowing Down
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Employment Litigation Is On The Decline, But Expect More Wage And Hour Claims
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Employment Litigation Is on the Decline, but Expect More Wage and Hour Claims | JD Supra
A recent Lex Machina study (available via signup here) noted that the number of federal employment cases filed in the second and third quarter of 2020 was down. Not surprisingly, harassment and discrimination cases showed the biggest decrease, by almost 20%, likely due to the increase in remote work and decrease in actual interaction between workers. However, Family and Medical Leave Act (FMLA) claims and wage and hour cases under the Fair Labor Standards Act (FLSA) were down only slightly.
Employment Litigation Is on the Decline, but Expect More Wage and Hour Claims
A recent Lex Machina study (available via signup here) noted that the number of federal employment cases filed in the second and third quarter of 2020 was down. Not surprisingly, harassment and discrimination cases showed the biggest decrease, by almost 20%, likely due to the increase in remote work and decrease in actual interaction between workers.
Employment Litigation Is on the Decline, but Expect More Wage and Hour Claims
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Employee Leave For Childcare This Fall As School Closures Ramp Up
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Employee Leave for Childcare This Fall As School Closures Ramp Up
As COVID-19 continues to prompt many school districts and daycare centers to remain closed for on-site instruction and care this Fall, this creates a serious dilemma for working parents. Employers are struggling to meet staffing needs and ensure that work is being performed, but also must recognize that employees can only perform effectively when they have a plan for educating and safeguarding their children.
Equal Employment Opportunity Commission Provides Guidance About Impact Of COVID-19 On Various Employment Laws
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Equal Employment Opportunity Commission Provides Guidance about Impact of COVID-19 on Various Employment Laws
April 20, 2020 Handling Employee Concerns and Protests During the Pandemic: Federal... by: Charles S. Birenbaum and Jonathan S. Sack FCC Enforcement Bureau Seeks Traceback Consortium Letters of Intent by: Paul C. Besozzi Supreme Court Green Lights State Law Claims for Broader Cleanup at... by: Dan J. Jordanger and J. Tom Boer The Rise of Real Estate Funds – How Real Estate Investors Can... by: Michael Van Someren and Joseph E.
Beware the Gap Between What’s Legal and What’s Believable – How Good Is Your Story? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Beware the Gap Between What’s Legal and What’s Believable – How Good Is Your Story?
Monday, October 14, 2019 Sometimes, asking “Can I fire this person?” is the wrong inquiry to begin with. The better question may be “If I fire this person now, will my reasoning be believable to an outsider (especially a group of outsiders called a jury)?” Usually, the answer to the first question is “Yes – you can fire this person.” But that answer does not help fully measure the employer’s risk - which involves taking a look at how else the story may be told.
Employer Still Wins – Even Though Job Eliminated and Work from Home Request is Denied
March 04, 2019 Employer Still Wins – Even Though Job Eliminated and Work from Home... by: Dabney D. Ware If Class Action Litigants Could Turn Back Time (The Text Would Have... by: Lawrence I Weinstein and Carl Mazurek CFPB Issues Report On Servicemember First-Time Homebuyer Mortgage... by: John L. Culhane, Jr. and Anthony C. Kaye Hart-Scott-Rodino Reporting Threshold Reaches $90 Million by: Jesse L. Beringer and H. Holden Brooks New Executive Order Aims to Extend Buy American Requirements by: Jessica C.
It’s a Topsy-Turvy Workplace – Right Now, Common Sense is on Top
Breaking news – sometimes agency guidance, or even enforcement positions, change! A recent example comes from the National Labor Relations Board (NLRB) with its June 6, 2018, memorandum regarding “Guidance on Handbook Rules Post-Boeing.” While the lack of consistency can be frustrating for employers, there is good news this time: Common sense seems to have triumphed – at least for now.
Paid Sick Leave Requirements Beginning to Resemble a Crazy Quilt of Legislation
The proliferation of paid sick leave (PSL) laws at state and local levels, with differing and sometimes conflicting provisions, presents compliance challenges for multistate employers. Last week’s article presented a number of items often addressed in a PSL statute or ordinance. This week, we offer some general policy considerations to assist employers who are confronted with compliance obligations in multiple jurisdictions.
Paid Sick Leave Requirements Driving you Crazy? You Are Not Alone.
As we have previously reported, the trend of states and jurisdictions enacting paid sick leave (PSL) requirements continues, posing compliance challenges for multistate employers and employers with employees in a both a city and a state with different PSL requirements.
Pennsylvania Sexual Misconduct
It does not require insightful analysis to conclude that something is broken when it comes to reporting and addressing sexual misconduct in the workplace. One attempt to fix part of the “brokenness” comes from the Pennsylvania legislature – a bill that would place limits on confidentiality restrictions. (New Jersey is considering something similar and other states, such as California, are assessing possible revisions to reporting and investigative processes).
So - Are LGBTQ Rights Protected under Federal Employment Law or Not?
The most accurate answer to this question is, “it depends.” On March 10, 2017, the Eleventh Circuit Court of Appeals (covering Alabama, Georgia, and Florida) weighed in on LGBTQ protections – but the decision is not as clear as some of the headlines make it seem. For instance, some reports proclaimed that the court ruled sexual orientation is NOT a protected characteristic under federal law (Title VII). While that is technically correct, it could also be considered misleading.
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