Workplace Rules

Join Kristie, Paul, and Jill as they discuss several recent employment law developments in Arizona and how they may impact employers.

With the 2023 California legislative year closed, we are ready to summarize the new legislation that will affect businesses operating in the state and highlight related action items. Join us as Heather, Brittany, and Katelyn discuss key labor and employment topics from the 2023 legislative session.

Certain employers may feel the impact of recent modifications to the I-9 process, while all employers will be affected by the introduction of a new I-9 form. Eligible employers have the option to use an alternative verification method to virtually authenticate I-9 documents for their employees who were previously onboarded remotely due to COVID-19 accommodations. In addition, a new edition of Form I-9 has been released, incorporating the alternative verification process and other revisions. In this episode, KoKo and Eryne discuss important changes that employers should be aware of regarding I-9 compliance.

In this episode, Heather and Matt discuss Senate Bill 699 and provide tips on what actions employers may want to take to best serve their companies. The law, which takes effect on January 1, 2024, prohibits employers from enforcing contracts that are void under California Business and Professions Code Section 16600, even if the contracts were signed outside of California. The law also establishes a private right of action, allowing employees to sue for injunctive relief, actual damages, and attorneys fees.

Increasing adoption of video and automated technology, such as artificial intelligence (AI), in employment practices has prompted regulatory efforts. Lawmakers are now addressing growing concerns that these technologies, including advanced resumé screening software, interview video analysis algorithms, and employee surveillance devices, may perpetuate bias and lead to unfair outcomes. In this episode, Chris and Dorthy discuss the effects of AI on the labor and employment space.

In addition to ensuring returns for investors, American corporations are tasked with navigating a host of social, political, and economic hot button issues—and polls have reflected some success on this journey. In this episode of Workplace Rules, Senior Counsel Chris Wilkinson and Ani Huang, CEO of the Center On Executive Compensation and senior vice president at the HR Policy Association, discuss that success along with recent polling that forecasts choppier waters ahead. The discussion ranges from how strong corporate values can enhance engagement with customers to how workers inside businesses are affecting the overall landscape. Chris and Ani also delve into what’s keeping many in the C-suite up at night as we head into the 2024 national election cycle.

In the latest episode of Workplace Rules, Dana Svendsen and Alex Pratt discuss a proposed Occupational Safety and Health Administration (OSHA) rule. This potential new rule would give a designated union representative right to accompany an OSHA inspector onto an employer worksite. Dana and Alex address the possible implications for employees and what compliance might mean for them.

In the United States, the use of noncompete agreements has been prolific and the law regarding the enforcement and use of noncompetes has been fairly steady and noncontroversial—until now. In January 2023, the Federal Trade Commission (FTC) proposed regulations that would, with only very limited exceptions, ban employers from imposing noncompete clauses on their workers and invalidate all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete agreement. In addition, the National Labor Relations Board (NLRB) general counsel put out a memo suggesting noncompete agreements may violate the National Labor Relations Act (NLRA).

The Response of Organized Labor to Artificial Intelligence in the WorkplaceDescription: With the explosion of the use of artificial intelligence (AI) in the workplace, employers are coming up against challenges with organized labor that many employers may not have previously considered. Listen to learn how unions are reacting to the use of AI in both unionized and non-unionized workplaces.

Join Heather and Matt to learn more about the current state and utility of arbitration under California’s Private Attorneys General Act (PAGA).

If an employer commits Labor Code violations against a current or former employee, PAGA authorizes the employee to bring a representative action for civil penalties on behalf of the state against the employer. Questions regarding the application of class-action waivers and arbitration agreements to PAGA claims have remained a source of litigation for years.