Tag:Employment
Breaching the Last Bastion of the Human Psyche: Neural Data as Biometrics
Earlier this year, the New York Times reported on the proposed Colorado Privacy Act and the impact it would have on neurotechnology which uses “neural data” and already has noteworthy support within programming communities. What the Colorado Privacy Act aims to address are not the labs and medical studies conducted within clinics, but how it may be used within a consumer context. The Colorado Privacy Act does more than Illinois’ pioneer Biometric Information Protection Act (BIPA).
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.
Proposing to Ban Noncompete Agreements, the FTC Plays its Strongest Hand
On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would categorically ban noncompete agreements between employers and a broad class of “workers,” including independent contractors, volunteers, apprentices, and even sole proprietors who provide services to clients. By pushing for markedly extensive change, the FTC has played its strongest hand. Consequently, the federal government should anticipate that an abundance of litigation will be initiated by the corporate sector’s major players, who will fight for middle-ground legislation.
The FTC Non-Compete Ban Proposal
The Federal Trade Commission (FTC) recently proposed a ban on non-compete clauses in contracts between employers and their employees. The FTC estimates this ban could increase American earnings in the range of $300 billion per year, while also allowing for lateral movements across business sectors and more career opportunities for employees. The FTC’s primary mission is to protect both competition and consumers with this proposed ban. Through Section 5(a) of the FTC Act, the FTC has the power to investigate and prevent unfair methods of competition and unfair or deceptive acts or practices affecting commerce.
To Compete or to Non-Compete: A Look Into the FTC’s Proposed Ban
On January 5, 2023, the Federal Trade Commission (FTC) released a proposal to ban employers from the use of non-compete agreements with their workers. The FTC’s motivation behind the proposed rule is the protection of American workers, with the regulatory agency stating that non-compete agreements restrict about one in five American workers – about 30 million people. Additionally, the agency estimated that the rule could increase wages by $250 to $296 billion a year across the economy. Since seeking public comment on the ban, the FTC’s broad non-compete proposal has been met with both support and criticism.
How the FTC’s Proposed Non-Compete Rule May Impact Non-Profit Hospitals
On January 18, 2023, the Federal Trade Commission (FTC) proposed a new rule for regulating non-compete clauses. The proposed rule, which has been named the “Non-Compete Rule,” could potentially ban employers from entering into, or attempting to enter into, a non-compete clause with employees and independent contractors collectively referred to as “workers.” The proposed rule has recently sparked several discussions on the scope and constitutionality of the rule. One concern is how the proposed rule, if finalized, would impact the healthcare industry and especially non-profit hospitals.
Return of the Union: How Workers are Organizing and Corporations Are Trying to Stop Them
In the last few years, especially after the start of the COVID-19 pandemic, there has been a noticeable growth in US labor organizing. Workers all over the country, from both large corporations and small companies, have gone on strikes and began forming labor unions in an effort to get better wages, working conditions, and benefits. Most recently, employees at large rail unions rejected a tentative deal to avert a walkout in September 2022 after it failed to adequately address their concerns. This is the latest, but certainly not the only, instance of workers demonstrating their increased bargaining power. We have also seen increased unionization movements by corporate employees at corporations like Amazon, Google, and Starbucks. However, as more corporate employees attempt to unionize, corporations have begun to push back, and the National Labor Relations Board (NLRB) has stepped in to put a stop to blatant anti-unionization efforts.
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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