This week, we’re detailing the National Labor Relations Board’s (NLRB’s) expanded “joint employer” definition, the recent confirmations of the Equal Employment Opportunity Commission’s (EEOC’s) General Counsel and the Department of Labor’s (DOL’s) Wage and Hour Administrator, and President Biden’s executive order on artificial intelligence (AI).

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NLRB Expands Definition of “Joint Employer" 

The NLRB recently published its long-awaited final rule, setting a new test for determining joint-employer status. Effective December 26, 2023, any business that has control or potential control over the “essential terms and conditions of employment” of another employer’s employees can be found to be a joint employer of that other employer’s employees, regardless of whether the control is direct or indirect or whether such ability to control is ever exercised.

Senate Confirms Heads of EEOC and WHD

The Senate has confirmed Karla Gilbride as the General Counsel of the EEOC and Jessica Looman as Wage and Hour Administrator for the DOL.

President Biden Signs Executive Order on AI

President Biden signed an executive order last Monday to regulate the potential risks associated with the use of AI, including its use in employment.

Other Highlights

Immediate Action Required: Make the Swift Switch to the New Form I-9
Workforce Bulletin
Rainét N. Spence, Jungmin Choi, Susan Gross Sholinsky

Colorado Releases Proposed Updates to Equal Pay Act Regulations
Workforce Bulletin
Susan Gross Sholinsky, Eric I. Emanuelson Jr., Naomi C. Friedman

What’s New on the Wage and Hour Front?
The Practical Lawyer
Paul DeCamp

Handling Religious Objections to Abortion-Related Job Duties
Law360 (subscription required)
Jennifer Stefanick Barna; Susan Gross Sholinsky; Frank C. Morris, Jr.

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. 


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