Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Big Brother & Biased Bots: Practical Considerations for Using AI in Employment Decision-Making

The adoption of artificial intelligence (AI) in the workplace is accelerating with an increasing number of employers integrating AI-related technologies into every stage of the employment lifecycle – from recruitment…

NLRB Reiterates Its Commitment to Creating Employee-Friendly Policies

An ideologically recalibrated (and motivated) National Labor Relations Board (NLRB) has yet again modified several Trump-era rules regarding representation case procedures and expanded the scope of protected concerted…

The DOL’s Bold Step to Expand Overtime Protections

In a significant but not surprising move, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking on August 30, 2023, proposing to increase the Fair Labor Standards Act’s (“FLSA’s”) minimum salary…

Proposed EEOC Regulations Mandate Employers to Accommodate Pregnant and Postpartum Workers Regardless of Circumstances

Effective June 27, 2023, covered employers must comply with the Pregnant Workers Fairness Act (PWFA) —a new law that requires covered employers to provide “reasonable accommodations” to workers limited by pregnancy,…

CA Supreme Court Holds Employees Can Pursue PAGA Representative Claims Despite Arbitration Agreement

Last year, we discussed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana (“ Viking River ”), 596 U.S. [142 S.Ct. 1906] (2022), holding that an arbitration agreement between a…