Recent Blog Posts
- The SECURE Act’s Lifetime Income Provisions: What Employers Should Know My recent blog post, “What Employers Should Know About the SECURE Act’s Lifetime Income Provisions,” discusses the Setting Every Community Up for Retirement Enhancement Act of 2019, which was signed into law on December 20, 2019. Employers who sponsor defined contribution retirement plans, such as 401(k) plans, should monitor these developments.
Following is an excerpt:
Predictable lifetime income is often of paramount concern to retirees. Yet, as employer-sponsored retirement plans have moved away from the traditional pension plan model, participants in defined... More
- EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade Commission (“FTC”) by a consumer advocacy organization, Electronic Privacy Information Center (“EPIC”), illustrates some of those potential pitfalls. EPIC asks the FTC to investigate the recruiting technology company HireVue for alleged discriminatory screening of job applicants through its face-scanning software. HireVue asks job applicants to video-record... More
- New York Paid Family Leave Benefits and Employee Contributions Set to Increase January 1, 2020 As we enter the last quarter of 2019 and the business community begins to plan ahead for 2020, New York employers should be aware of the changes coming to the New York Paid Family Leave (“NYPFL”) program. On January 1, 2020, both the amount of employee contributions and weekly benefits allowed under the program are scheduled to increase. This will be the second of three annual increases in weekly benefits.
The NYPFL program, which took effect in 2018, provides partially-paid, job-protected... More
- New York’s New Child Victims Act Expands Opportunity for Filing Abuse Claims This week, a one-year “revival” period of statute of limitations began for individuals who assert civil claims of child abuse to file claims against institutions and individuals pursuant to New York’s Child Victims Act, even if those claims had already expired and/or were dismissed because they were filed late. The premise behind the Child Victims Act is that children are often prevented from disclosing abuse due to the social, psychological and emotional trauma they experience.
Additionally, the Child Victims Act, also... More
- HIPAA Privacy and Security Rule Compliance: Employee Benefits Crash Course Webinar Series Our Employee Benefits and Executive Compensation practice now offers on-demand “crash courses” on diverse topics. You can access these courses on your own schedule. Keep up to date with the latest trends in benefits and compensation, or obtain an overview of an important topic addressing your programs.
In each compact, 15-minute installment, a member of our team will guide you through a topic. This on-demand series should be of interest to all employers that sponsor benefits and compensation programs.
In our newest installment, Tzvia Feiertag, Member of the Firm in... More
- Employment Law This Week®: Cannabis User Protections, WHD Opinion Letters, New Salary History Bans, NYS Anti-Harassment Training Deadline This Employment Law This Week® Monthly Rundown discusses the most important developments for employers in August 2019.
This episode includes:
Increased Employee Protections for Cannabis Users
First Opinion Letters Released Under New Wage and Hour Leadership
New Jersey and Illinois Enact Salary History Inquiry Bans
Deadline for New York State Anti-Harassment Training Approaches
Tip of the Week
See below to watch the full episode – click here for story details and video.
We invite you to view Employment Law This Week® – tracking the latest developments that could impact you and your workforce.... More
- New York Joins the Wave of States Requiring Businesses to Adopt Reasonable Cybersecurity Safeguards to Protect Private Information New York is the latest state to adopt a law that requires businesses that collect private information on its residents to implement reasonable cybersecurity safeguards to protect that information. New York now joins California, Massachusetts and Colorado in setting these standards. New York’s law mandates the implementation of a data security program, including measures such as risk assessments, workforce training and incident response planning and testing. Businesses should immediately begin the process to comply with the Act’s requirements effective March... More
- Are Your AI Selection Tools Validated? OFCCP Provides Guidance for Validation of AI-Based Algorithms We have long counseled employers using or contemplating using artificial intelligence (“AI”) algorithms in their employee selection processes to validate the AI-based selection procedure using an appropriate validation strategy approved by the Uniform Guidelines on Employee Selection Procedures (“Uniform Guidelines”). Our advice has been primarily based on minimizing legal risk and complying with best practices. A recently updated Frequently Asked Questions (“FAQ”) from the Office of Federal Contract Compliance Programs (“OFCCP”) provides further support for validating AI-based selection procedures in... More
- New Jersey Supreme Court Grants Review for Reasonable Accommodations of Medical Marijuana Our colleagues Maxine Neuhauser, Nathaniel M. Glasser, Denise Dadika, & Anastasia A. Regne, at Epstein Becker Green have recently published a post on the Health Employment and Labor blog that will be of interest to our readers in the technology industry: “New Jersey’s Highest Court to Decide Whether Employers Are Required to Accommodate Medical Marijuana Use.”
Following is an excerpt:
In Wild, which we discussed in a recent client alert, plaintiff Justin Wild (“Wild”) alleged that his employer, Carriage Funeral Holdings (“Carriage Funeral”) failed to reasonably accommodate his disability (cancer) and unlawfully... More
- Proposed Amendment to California Consumer Privacy Act (CCPA) Reaffirms Employer Notice Requirement and Employee Private Right of Action for Failure to Implement Cybersecurity Safeguards to Take Effect January 1, 2020 The recently proposed amendment to the California Consumer Privacy Act (CCPA) should be a wake up call to those employers who are not already actively planning for the January 1, 2020 compliance deadline.
The amendment reaffirms that employers must (i) provide employees with notice of the categories of personal information collected and the purposes for which the information shall be used at or before collection; and (ii) implement reasonable cybersecurity safeguards to protect certain employee personal information or risk employee lawsuits,... More