This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into December 2019. The episode includes:
1. Federal Agencies Hit New Enforcement Records
The Department of Labor announced that both the Wage and Hour Division and the Office of Federal Contract Compliance Programs (OFCCP) had record financial recoveries for fiscal year 2019. The Wage and Hour Division pulled in $322 million in wage and hour enforcement, which is $18 million more than the record set last fiscal year. And the OFCCP netted over $40 million in bias settlements — $16 million more than the previous record in fiscal year 2017. Epstein Becker Green’s Garen Dodge tells us why these record enforcements are likely to continue:
2. OFCCP Releases CSAL Supplement
On November 8, the OFCCP released a Corporate Scheduling Announcement List Supplement, identifying 500 federal contractors for Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) focused reviews. These audits will include a comprehensive review of the contractor’s policies and procedures to assess whether a business provides equal employment for protected veterans.
3. AI Technology Gains Traction for Employers
Artificial intelligence (AI) technology is gaining traction among employers as a tool for hiring and other HR functions. Where there is traction, regulation soon will follow, and the state of Illinois is taking the lead in that regard. Starting January 1, 2020, Illinois employers will face new restrictions on their use of AI to analyze applicant video interviews. Under the new law, the Artificial Intelligence Video Interview Act (AIVI), employers will have to notify applicants and obtain consent before using AI for video interviews, in addition to other restrictions.
4. NJ Looks to Tighten Restrictions on Gig Workers
New Jersey is attempting to restrict the gig economy. The Garden State has made several aggressive moves to limit the use of independent contractors. Most recently, a bill has been introduced in the state Senate that would amend the state wage-hour and unemployment laws, and tighten the “ABC test” used to distinguish between employees and independent contractors.. We’ll keep you updated on any developments with this bill and other efforts from the state.
5. Tip of the Week
Barbara Harris, Senior Legal Editor of Labor & Employment for Thomson Reuters Practical Law, shares some tips for keeping confidential workplace information that is gathered using AI technologies:
Stay tuned for further developments that may affect your business.
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