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AI Hiring Tools Can Violate FCRA A recent lawsuit filed in California should raise serious concerns to any employer using artificial intelligence (AI) to screen applicants. The lawsuit, Kistler et al. v. Eightfold, AI Inc., claims the platform scraped personal data on over a billion workers, assigned each applicant a scored ranking, and filtered out lower-ranked […]
Title VII of the Civil Rights Act of 1964 requires employers to accommodate the religious practices of their employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” Based on one sentence from a 1977 U.S. Supreme Court opinion, federal courts previously interpreted “undue hardship” to mean any effort […]
I didn’t like giving reviews, and I don’t like receiving them. There must be a better way. Here are some suggestions generated by “Gen AI Could Fix Performance Reviews—or Make Them Even Worse,” an article in the Harvard Business Review by Chrysanthos Dellarocas (May 26, 2026). Challenge We all fool ourselves. A recent study shows […]
For the first time in almost 30 years, U.S. Immigration and Customs Enforcement (ICE) has updated its Form I-9 inspection fact sheet. The changes were issued without any notice in the Federal Register, and there was no proposed rulemaking. The revisions replace many provisions of the 1997 Virtue memorandum, which governed compliance until now, and […]
Employers that terminate or mutually agree to part ways with an employee may negotiate, elect to enter, or be obligated by an existing employment agreement to enter into a severance agreement with the departing employee. A severance agreement is an arm’s length agreement between employer and departing employee that serves many purposes and is highly […]
The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability. Post-traumatic stress disorder (PTSD) is a mental health condition that can significantly affect an individual’s ability to function in various aspects of life, including the workplace. Those with PTSD are likely considered disabled under the ADA, […]
Q: Must we reimburse an employee for the expense of an Uber ride if we normally reimburse her for taking the bus? Generally, no, but it depends. Federal law doesn’t require the reimbursement of travel expenses for business purposes in most situations. However, the Fair Labor Standards Act (FLSA) requires that nonexempt employees are paid […]
Q: Our technicians travel to different jobsites with company-provided vehicles, and they don’t typically drive to a central company location but rather drive from site to site and then home at the end of the day. Is the travel time to the first worksite and then back home at the end of the day compensable, […]
Recently, Immigration and Customs Enforcement (ICE) made unannounced changes to their Form I-9 inspection guidance. Employers are required to verify the identity and employment authorization for all employees through the completion of the Form I-9 employment eligibility verification. Under the Immigration and Nationality Act and as outlined in 8 U.S. Code §1324a, employers can be […]
Wait, did you read that right? “What does ranch dressing have to do with employment law?” Well, quite a lot actually, as long as we’re talking about the most famous type of ranch dressing, the brand that introduced most of America to ranch dressing: Hidden Valley Ranch. Legend of the Hidden Valley The story of […]