By: Stephen C. Hall
Artificial intelligence (AI) is everywhere, and its use will only continue to expand. Machine learning, a type of algorithm used in AI, is involved in image and speech recognition, pattern detection in data sets, and market trend analysis. AI provides other capabilities as well in this wide expanse. With AI being on the minds ...
By: Mitzi D. Wyrick
On June 29, 2023, the United States Supreme Court held in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions, Inc. v. President and Fellows of Harvard College that admissions policies using race or diversity as a factor violate the Equal Protection Clause of the Fourteenth Amendment of ...
By: Marianna J. Michael
In a recent decision, the Sixth Circuit determined that a Plaintiff’s sworn testimony that he did not sign an arbitration agreement was sufficient to create an issue of material fact and preclude enforcement of an arbitration agreement. Andrew Bazemore (“Bazemore”), a delivery driver for a Papa John’s store in ...
By: Glen M. Krebs
Form I-9, which is used to verify an employee’s identity and employment authorization, is changing. The new form will be available for employers to use on August 1, 2023, and the form will be mandatory beginning November 1, 2023. Penalties may be imposed for use of the old form I-9 after that date.
Some of the changes to the form include:
By: Kelly Zimmerer, Wyatt Summer Associate
In a 6-3 opinion written by Justice Neil Gorsuch, the Supreme Court held in 303 Creative v. Elenis that Colorado cannot force a website designer to create wedding websites for same-sex couples. While the decision strengthens First Amendment protections for business owners with services involving ...
By: Mick Smith, Wyatt Summer Associate
Lost amidst the clamor from another momentous term was the Supreme Court’s decision in Mallory v. Norfolk Southern Railway Co., in which a fractured Court held that the Due Process Clause did not prohibit Pennsylvania from requiring an out-of-state entity to consent to personal jurisdiction in ...
By: Isaac Keller, Wyatt Summer Associate
Disputes between labor organizations and companies are almost always resolved under federal law. But when a union acts outside the protections of federal labor laws, they could be liable to companies in state court. Or so said the Supreme Court on June 1 in Glacier Northwest, Inc. v. Teamsters, which held ...
By: Jacob M. Abrahamson
Employers that get a request for a religious accommodation can only deny the accommodation if it would impose a substantial burden on the business.
Title VII requires that an employer “reasonably accommodate” the “religious observance or practice” of its employees. 42 U.S. § 2000e(j). But the employer can ...
UPDATE (8/8/2023): The Equal Employment Opportunity Commission issued the long-anticipated Proposed Rule to clarify the implementation of the Pregnant Workers Fairness Act (PWFA) (https://public-inspection.federalregister.gov/2023-17041.pdf). The Proposed Rule is available for comments for the next 60 days, so the content is subject ...
By: Drayden Burton, Wyatt Summer Associate
The Electronic Communications Privacy Act ("ECPA") of 1986 is a U.S. federal statute that prohibits unauthorized interception or disclosure of wire, oral, or electronic communications. The ECPA seemingly prohibits employers from monitoring the electronic communications of their employees ...