Artificial intelligence (AI), robotics, and other emergent technologies stand to profoundly impact employers and, indeed, society itself. According to some estimates, by 2025, half of all U.S. jobs will either be automated or augmented by AI, or will have initiated steps to move in that direction. As AI becomes infused in workplaces, there is the potential for AI to re-define what “work” means. Since the “work” each of us performs helps inform the social order, AI may well be poised to transform society.
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AI & HR: The Risks of Using Artificial Intelligence in the Hiring Process Posted on: July 17, 2019 In: Labor & Employment
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The Ten Commandments of Firing: Part 3, Commandments VII - X Posted on: July 12, 2019 In: Labor & EmploymentThis is the final installment in my three-part series on the Ten Commandments of Firing. Before reading this post, I suggest you read Part 1, covering Commandments I – III, and Part 2, covering IV – VI.
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The Ten Commandments of Firing: Part 2, Commandments IV - VI Posted on: July 10, 2019 In: Labor & EmploymentIn our last post, we rolled out the first three of my “Ten Commandments of Firing.” In this blog, we will cover Commandments IV through VI: don't have a hidden agenda, don't be a jerk, and don't nitpick.
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The Ten Commandments of Firing: Part 1, Commandments I - III Posted on: July 08, 2019 In: Labor & EmploymentI love to talk about firing people. Defending employment cases for over 40 years has exposed me to considerable experience concerning terminations. While many courts in many states recognize that the implied covenant of good faith and fair dealing does not exist as a matter of law in the employment context, it sure as heck exists in the mind of jurors.
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What You Need to Know About the DOL’s Proposed Changes to the FLSA Exemption Test Posted on: July 02, 2019 In: Labor & EmploymentOn March 7, 2019, the U.S. Department of Labor announced a new rule that will make millions of workers eligible for overtime under the Fair Labor Standards Act (FLSA). This is not a final rule yet, although it is expected to go into effect in late 2019 or early 2020.
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Supreme Court Agrees to Review Appealability of PTAB Time-Bar Rulings Posted on: June 28, 2019 In: Intellectual Property & TechnologyOn June 24, 2019, the United States Supreme Court agreed to review the question of whether 35 U.S.C. § 314(d) permits appeal of the Patent Trial and Appeal Board’s (PTAB) decision to institute an inter partes review (IPR) upon finding that 35 U.S.C. § 315(b)’s 1-year time bar to file an IPR does not apply.
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Supreme Court Declines to Hear ReDigi First Sale Doctrine Case Posted on: June 28, 2019 In: Intellectual Property & TechnologyDespite the potentially important impact of the Second Circuit’s decision in Capitol Records, LLC v. ReDigi Inc. on the digital music industry, the United States Supreme Court has denied ReDigi’s petition to review the Second Circuit’s refusal to apply the First Sale Doctrine to the transfer of digital music files.
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Ransomware Reminders: Implementing Best Practices & Avoiding the Biggest Mistakes Posted on: June 27, 2019 In: Data Privacy & CybersecurityRansomware continues to ravage systems across the globe in part because, unlike more typical malware, its lifespan on a computer is incredibly short. Recent strains like Ryuk and BitPaymer encrypt files and deliver their ransomware messages within seconds of appearance on a victim’s computer, leaving little time for detection and defense. The FBI recently alerted data security professionals worldwide to be aware of yet another new variant – this one called RobbinHood – that follows similar attack vectors.
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5 Tips to Avoid Wage & Hour Liability in California Posted on: June 26, 2019 In: Labor & EmploymentWage and hour litigation is an area of law that is incredibly nuanced, but incredibly important. Every California employer is faced with the daunting task of avoiding liability for wage and hour law violations. Fortunately, employers can greatly reduce the risk of exposure by following these five simple tips.
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SCOTUS: Free Speech Permits Registration of ‘Immoral or Scandalous’ Trademarks Posted on: June 25, 2019 In: Intellectual Property & TechnologyOn June 24, 2019, the United States Supreme Court ruled that the US Patent and Trademark Office (PTO) had violated applicant Erick Brunetti’s First Amendment right to free speech by denying him federal registration of the mark “FUCT” for use in his clothing line. In Iancu v. Brunetti, the Court held the Lanham Act’s prohibition on the registration of trademarks that “consist of or comprise immoral or scandalous matter” as unconstitutional.
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Colorado’s Equal Pay for Equal Work Act: What Employers Need to Know Before 2021 Posted on: June 18, 2019 In: Labor & EmploymentOn Wednesday, May 23, 2019, Colorado Governor Jared Polis signed into law Senate Bill 19 085 (also known as the Colorado Equal Pay for Equal Work Act), which imposes new, stringent obligations on Colorado employers as to hiring practices, promotion procedures, and record-keeping requirements. Importantly, this new law becomes effective on January 1, 2021.
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In Colorado, Employers May Assert Concurrent Claims for Civil Theft & Breach of Contract Against Employees Posted on: June 13, 2019 In: Labor & EmploymentThe Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative. The ruling has broad implication across the spectrum of employment litigation throughout the state.
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