Although there is a recent trend of employees returning to the office on a more regular basis, continued reliance on and demand for data centers that help support remote and hybrid work only appear to be increasing.

The U.S. Supreme Court last month clarified the standard for when an employee’s request for a religious accommodation imposed an “undue hardship” on an employer.

This post is the third in a three-part series examining the use of artificial intelligence (AI) in Human Resources. In Part I, we explored some of AI’s uses in the workplace and potential legal complications with the technology.

On June 13, 2023, the National Labor Relations Board (NLRB) overruled the Trump-era decision that “entrepreneurial opportunity” is the animating principle of the test to determine whether a worker is an employee or independent contractor under the National Labor Relations Act (NLRA). In doing so, the NLRB restored the common-law “totality of the circumstances” test.

On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo advising NLRB regional directors that non-compete agreements generally infringe on employees’ rights under Section 7 of the National Labor Relations Act (NLRA).

In this Part II, we explore legal conflicts that have occurred, statutes about which companies should keep apprised and how to mitigate the legal risks of using AI in human resources.

Human Resources Departments at a wide variety of companies currently use AI in several ways, including recruitment and performance management. But artificial intelligence does not exist in a vacuum. It is created by (imperfect) humans and thus carries risks in addition to all its apparent -- and exciting -- benefits.

The U.S. Supreme Court recently held that a rig oil worker paid at a daily rate that amounted to $200,000 annually was entitled to overtime pay because he was not paid on a “salary basis” as required by the Fair Labor Standards Act (FLSA).

A vast number of private businesses will face new requirements on how – and whether – they report their beneficial ownership interests to the U.S. government, effective at the start of 2024. While the time for compliance starts in several months, the time to prepare is now.

Congress passed two laws related to pregnant workers and nursing mothers in December 2022. First, Congress passed the Pregnant Workers Fairness Act (PWFA), which requires employers with at least 15 employees provide “reasonable accommodations” to a worker’s limitations related to pregnancy, childbirth or related medical conditions, unless the accommodations will cause an “undue hardship” to the employer (significant difficulty or expense for the employer).