Author:

Emily Zhang

Legal Risks to Employers when Employees use ChatGPT

Since ChatGPT became public in November 2022, it has created questions for employers about how to incorporate the tool into workplace policies and best maintain compliance with government regulations. This artificial intelligence language platform, that is trained to interact conversationally and perform tasks, raises issues regarding intellectual property risks, inherent bias, data protection, and misleading content.

Seattle Becomes the First U.S. Jurisdiction to Ban Caste Discrimination

On February 21, 2023, the Seattle City Council added caste to the city’s anti-discrimination laws, becoming the first U.S. city to ban caste discrimination and the first in the world to pass such a law outside South Asia. While the law seemingly only impacts employment practices in Seattle, employers outside of Seattle with large South Asian populations among their workforces should take note as other jurisdictions have begun to follow Seattle’s lead.

FTC Proposes Rule Banning Non-Compete Clauses Nationwide

On January 5, 2023, the Federal Trade Commission (FTC) proposed a ban on the use of non-compete provisions in employment contracts. The ban would also require employers to nullify any existing non-compete clauses within six months of activation. The proposed rule applies to all employees and independent contractors, paid and unpaid workers, and businesses of all sizes and location. This is a far-reaching move that has the potential to raise wages and increase competition among businesses.

California’s COVID-19 Workplace Requirements Continue to Evolve

Emily Zhang Associate Editor Loyola University Chicago School of Law, J.D. 2024 On October 13, the California Department of Public Health’s (CDPH) issued a change to the California Division of Occupational Safety and Health (Cal/OSHA) Covid-19 emergency standard and issued a revised proposal for the non-emergency standard. The order updates the definition of “close contact” …
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New Jersey Cannabis Regulatory Commission Issues Interim Guidance on Workplace Impairment

The New Jersey Cannabis Regulatory Commission (the Commission) recently issued interim guidance on the workplace drug testing provisions of the state’s recreational cannabis law. The guidance is meant to act as a placeholder until the standards for Workplace Impairment Recognition Expert (WIRE) certification are published, which outlines how employers should respond when employees are suspected of marijuana impairment. The interim guidance confirms that an employee’s off-duty use of cannabis cannot be the reason for any adverse employment action, but employers are allowed to terminate workers who are under the influence during work hours.

Website Accessibility: What to Know About the ADA’s New Guide

In the recent years, there has been a significant increase in website accessibility lawsuits where plaintiffs claim that they cannot access websites because they are incompatible with assistive technology. Particularly, the number of Americans with Disabilities Act (ADA) Title III website accessibility lawsuits filed in federal courts in 2021 jumped 14% over 2020. This March, the U.S. Department of Justice published new guidance on website accessibility under ADA, however, businesses still struggle with understanding their compliance responsibilities.