Our next Labor & Employment Executive Webinar on Tuesday, September 24 will focus on three important regulatory issues for employers in 2024. Please join us to discuss these issues and best practices for compliance.
Quick Update on the FTC's Noncompete Rule
There is an important update on the latest status of the U.S. Federal Trade Commission's (FTC) rule prohibiting employers from using or enforcing noncompete agreements with their workers. On August 20, 2024, the U.S. District Court for the Northern District of Texas that permanently enjoined and “set aside" the FTC's rule, blocking implementation or enforcement of the rule for all employers across the country. We will discuss the order and the current landscape for noncompete agreements.
Developments on AI Law Impacting Employers
Artificial intelligence (AI) is quickly transforming the workplace. As the use of AI continues to grow, the technology raises concerns about potential discrimination, privacy, security and increasingly complex legal compliance. From California's recently proposed Workplace AI Regulations to Illinois' August 9, 2024 passage of HB 3773 regulating the use of AI tools in employment decisions, we will provide an overview of recent developments of regulation and enforcement of AI use in the workplace. We will discuss risks to employers using AI and address how companies can mitigate that risk.
The Uptick in Citizenship Status Discrimination Investigations
The Department of Justice (DOJ) is increasingly focused on investigating U.S. companies for discriminatory recruitment practices related to citizenship, immigration status and national origin. The DOJ targets the job postings of employers and recruiters that contain a restriction, limiting job opportunities to certain nationalities or persons (for example, “U.S. citizens only"). Since 2023, the DOJ's Immigration and Employee Rights section (IER) has initiated a multitude of investigations and succeeded in collecting over $11 million in settlements from 43 companies, even when there was no discriminatory intent on the part of the companies. The investigations can be lengthy, broad, and expensive. These settlements typically include a national press release naming the company and require companies to pay civil penalties, undergo training, and change their recruiting practices. We will discuss tips and best practices to help employers avoid recruitment practices that might lead to an investigation.