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The 2023 and 2024 legislative landscape witnessed a surge in states and cities implementing diverse pay transparency requirements. Despite the progress in recent years in reducing the wage gap, gender pay disparities persist, with current studies indicating that women—particularly women of color—earn only 84 cents for every dollar earned by men. Pay transparency laws aim […]
Over the past few years, there have been much higher rates of immigration than had previously been projected. In 2019, the Congressional Budget Office (CBO)—which is tasked with providing independent, nonpartisan analysis of economic and budgetary issues to support the Congressional budget process—estimated that net immigration in 2023 would total one million people. Now that […]
Recently, in the first of a series of articles focusing on companies’ online employment recruitment practices, we wrote about a company’s need to consider what states require an employer to include (or prohibit an employer from including) in a job application that is made available online to residents of states other than Massachusetts. Here, we […]
On May 17, 2024, the Colorado Legislature passed Senate Bill (SB) 24-205 to protect employees and consumers by prohibiting developers of high-risk artificial intelligence (AI) systems from engaging in “algorithmic discrimination” in consequential decision-making. This prohibition also applies to organizations that deploy these high-risk AI systems. Governor Jared Polis signed the bill into law on […]
Question: If an employee takes Family Medical and Leave Act (FMLA) leave to bond with his new child, would he be able to take additional bonding time later the same year if he still had FMLA time available? Answer: The FMLA has some restrictions on when an employee can take leave for birth or bonding […]
In a ruling widely considered a victory for employers, the Supreme Court ruled 8-1 that the standards for assessing an application by the National Labor Relations Board (NLRB) for a 10(j) injunction should be the same as used in other civil injunction applications. Although widely anticipated as bringing harmony to an area with numerous “circuit […]
Because of the complexities and wide-ranging effects of artificial intelligence (AI), the Biden administration and Congress have cautiously approached regulating the technology. At this juncture, it isn’t clear which administrative agency and/or legislators will take the lead on regulating AI in the workplace at the federal level. However, there are recent developments in the form […]
A landmark $2.8 billion settlement announced by the National Collegiate Athletic Association (NCAA) in an antitrust class action filed by former college athletes reportedly sets a path for schools to share revenue with players. Although many of the details of the settlement haven’t been made public and the judge has yet to approve it, many […]
Question: A former employee who was fired has requested a copy of her personnel file. What documents would she be entitled to receive? Answer: Massachusetts General Laws Ch. 149, §52C outlines what constitutes a personnel file and discusses an employer’s duty to retain that file. The statute further provides a formal process for employees to […]
Disability-related claims can take many forms, under many statutes. Here, a National Aeronautics and Space Administration (NASA) scientist claims he was both harassed and discriminatorily denied a promotion because of his disability. The court of appeal used two different standards to decide that part of his claim can proceed, and part could not go forward. Scientist […]