EEOC Updates Guidance on Screening, Testing and Mandatory Vaccine Policies

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 FAQs, revising earlier guidance regarding permissible COVID-19 testing, workplace screening, and mandatory vaccine policies.  We recommend that employers review the updated guidance in its entirety, which can be found at www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

The EEOC Issues Guidance on the ADA and the Use of Artificial Intelligence in Making Employment Decisions

On May 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing how employers use of artificial intelligence (“AI”), algorithms, and software in hiring and employment practices may be at risk for violating the Americans with Disabilities Act (“ADA”). The document also provides practical tips to employers on how to comply with … Read more

New York Employers Must Comply with Electronic Monitoring Requirements by May 7, 2022

Effective May 7, 2022, New York employers will be required to provide prior notice concerning the monitoring of employee telephone, email, or internet usage. Specifically, employers must notify employees that “any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system … Read more

Form I-9 Remote Review Extended Until October 31, 2022

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced another extension to flexibility relating to in-person Form I-9 compliance. As we previously reported, ICE’s temporary policy allowing employers to inspect Form I-9 documents virtually was set to end on April 30, 2022. With the new extension, the policy … Read more

NYC Pay Transparency Law Amended – Now Effective November 1, 2022

The New York City Council approved legislation that amends provisions of the New York City Pay Transparency Law and will delay the implementation of the law until November 1, 2022. As we previously reported, the New York City Pay Transparency Law requires employers that have four or more workers advertising jobs in New York City … Read more

Proposed Changes to the Form I-9

The Form I-9, which is used to record employment eligibility verification, as required by the federal government, is going to undergo major changes by the time the current form expires on October 31, 2022. The Department of Homeland Security (“DHS”) has proposed the modifications, in an attempt to simplify and clarify things for employers. The … Read more