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What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance, gather data, problem-solve, or aid in decision making ...

Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”).   On May 1, 2023, via its supplemental decision in Lion Elastomers LLC, 372 NLRB No ...

As we have often discussed, the National Labor Relations Board under the Biden administration has prioritized expanding employees’ rights under Section 7 of the National Labor Relations Act (the “Act”). Most recently, in GC Memo 23-08, the General Counsel, Jennifer Abruzzo, argued that the “proffer, maintenance, and enforcement” of non-compete agreements violate the Act because they interfere with employees’ rights under Section 7 ...

While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an employee outside the workplace may still subject an employer to liability. What constitutes actionable discrimination or harassment, triggering potential employer liability, is often a murky question ...

Employee performance is always rated in one manner or another. Best practice is to rate this performance through known, objective processes. In the context of the employment relationship, performance evaluations are an essential tool for providing workers with insight into how managers are making decisions about promotions, equity, and pay. In addition, performance evaluations will most certainly play a critical role if the employment relationship ends and litigation occurs ...

On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed applicable to Virginia employers. 1. HB1895 – Expansion of Prohibited Contractual Provisions in Cases of Sexual Assault and Sexual Harassment Current Virginia law (Va. Code § 40.1-28 ...

ALTIUS/Tiberghien | June 2023

The rules governing discrimination and psychosocial risks at work have been revised to bring them in line with European legislation and the European Court of Justice’s recent case law. Various legislation has now changed, including: the Gender Act of 7 May 2007, the Antidiscrimination Act of 7 May 2007, the Racism and Xenophobia Act of 30 July 1981, the Wellbeing Act of 4 August 1996, and the Wellbeing at Work Code. These new rules entered into force on 1 June 2023 ...

ALTIUS/Tiberghien | June 2023

On 14 June 2023, the European Parliament adopted its positionon the draft AI Act, which brings one step closer an EU regulation for generative AI and other AI systems. This blog gives the highlights of the current draft text, taking into account the newest amendments that have been proposed ...

Afridi & Angell | June 2023

Over the past few years, the United Arab Emirates has witnessed an increase in awareness and significance of environmental, social and governance (ESG) issues. While businesses in the UAE have begun to acknowledge that conscious efforts towards ESG compliance is imperative for growth and longevity of their business, the question remains whether ESG compliance can truly be said to now form a part of the UAE compliance ecosystem ...

Buchalter | June 2023

  As a part of Federal agencies’ issuance of their semi-annual Spring 2023 Regulatory Agenda, the CFPB has published its Spring 2023 Agency Rule List (“2023 List”).  In that List, the CFPB has set forth the status of its present rulemaking activities and its plans for such activities in the next 6 months ...

A&L Goodbody LLP | June 2023

Law firms have a lot more male than female partners, though the situation is changing Business Plus June 17, 2023 Gender pay gap reporting has highlighted that across the largest law firms there is a substantial pay gap between men and women when the earnings of equity partners are included. In general terms, commercial law firms have more female than male solicitors in their ranks, but there are much more men than women at the top table ...

Carey | June 2023

In March 2022, a bill of law was introduced to amend the Sanitary Code by stating as a new requirement to carry out medical activities a civil liability insurance for damages committed during the professional practice ...

Dinsmore & Shohl LLP | June 2023

The National Labor Relations Board (“NLRB”) reinstated the test established in FedEx Home Delivery (FedEx II), lessening the requirements for a worker to be considered an employee and not an independent contractor. The decision in The Atlanta Opera, Inc., issued on June 13, 2023, overruled the 2019 SuperShuttle decision, opting to return to “common-law principles ...

Buchalter | June 2023

  On June 1, 2023, the Consumer Financial Protection Bureau along with Federal Reserve, OCC, FDIC,  NCUA and FHFA (collectively, the “Agencies”) issued a Notice of Proposed Rulemaking seeking comment on rules to implement quality control standards for automated valuation models (AVMs) used by residential mortgage originators and secondary market issuers in determining the collateral worth of a mortgage loan that is secured by a consumer’s principal dwelling ...

Carey | June 2023

On May 15, 2023, the Chilean Congress approved the Bill that Systematizes Economic Crimes and Attacks against the Environment (the "Bill").  Therefore, the Bill was sent to the President for its enactment into law, although it is subject to the preventive control that must be carried out by the Constitutional Court. During this period, the Executive has a deadline to exercise veto power over the bill prior to its enactment into law ...

Shoosmiths LLP | June 2023

Net migration figures from the Office for National Statistics (ONS) for the year ending December 2022 show an increase on figures from the previous year. Taking a closer look into the categories of migration behind the net figures gives further insight as to why the target to reduce net migration figures are not being met. These figures show that total immigration into the United Kingdom for 2022 was in the region of 1.2 million with emigration counted at approximately 557,000 ...

Shoosmiths LLP | June 2023

June marks ‘Pride Month’ which celebrates how far LGBTQ+ rights have come whilst also highlighting the work that still needs to be done.  We consider how allies and effective employee networks can assist in this supporting ongoing progress. Employee networks are voluntary, employee-led groups aimed at providing support, resources and a sense of community for employees who may share a common identity or experience ...

Shoosmiths LLP | June 2023

Fertility is not only a ‘women’s issue’ - the impact of infertility on men can be enormous, yet regularly goes unnoticed. In light of Men’s Health Week and Father’s Day, we look at improving support for men who are experiencing fertility issues. When it comes to infertility, research and support predominantly centres around the perspectives of women ...

Shoosmiths LLP | June 2023

The Procurement Bill has now had its third and final reading and has passed the Report Stage in the House of Commons.  The House of Commons’ latest amendments that have been added to the Bill include the following: If a supplier or a connected person poses a threat to the national security of the UK, this would be a mandatory exclusion ground. This is a change from previous versions of the Bill which classed this exclusion ground as discretionary ...

Shoosmiths LLP | June 2023

Good governance counts because without it a charity’s impact can be much diminished, but it is also important not to be overwhelmed by all the detail and to focus on what matters. There is a lot of guidance on governance for charities Someone once said, “With proper governance, life will improve for all ...

Shoosmiths LLP | June 2023

The UK Covid-19 Inquiry has sought to consider as many voices as possible in its assessment of the vast human impact the pandemic has had on both individuals and organisations. Every Story Matters is the Inquiry’s way of doing so, enabling those in England, Northern Ireland, Scotland and Wales to share their experiences of the pandemic with the Inquiry, via an online form. To date, around 6,000 people have shared their stories ...

Shoosmiths LLP | June 2023

A Bill’s fate is never sealed until it has been through all the necessary approval stages and the Retained EU Law (Revocation and Reform) Bill is no exception. Whilst numerous concerns have been raised about the speed and impact of the Bill, there were comparatively few amendments made to it as it sped through the Commons ...

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