R2-Me2? How Should Employers Respond to Job Loss Caused by Robots?

There is no question that the use of robots, along with other similar technological changes in the workplace, will continue to eliminate or downgrade jobs. Indeed, it has been estimated that on average, each workplace robot eliminates six jobs. This article will examine (1) the impact such changes will have on women and (2) whether these changes can be subject to legal challenge as prohibited gender discrimination.

The gender pay gap has become a much debated and controversial topic, but this article will stay out of the fray. However, data produced by the consultancy firm Korn Ferry has concluded that women in Britain make just one percent less than men who have the same function and level at the same employer.  Therefore, some have suggested that the main problem today is not necessarily unequal pay for equal work, but rather the forces and circumstances that lead women to be forced into and stuck in lower-paid jobs at lower-paying organizations. According to The Economist, this is the true gender “pay gap,” which is a much more difficult problem to solve.

Current research suggests that, unless addressed, this gender “pay gap” will increase rather than decrease. Last month, a report to the World Economic Forum in Davos, Switzerland, predicted that “artificial intelligence, robotics and other digital developments,” and the consequent job disruption, are likely to widen rather than diminish the gender pay gap. See “Towards a Reskilling Revolution” at p. 3. Citing statistics published by the federal Bureau of Labor Statistics, the report concluded that of the 1.4 million U.S. jobs that are projected to become “disrupted” because of robotic and other technological changes between now and 2026, 57 percent will be held by women.

But there could be good news for those concerned about gender wage equality. The report argued that an increased awareness of the impending effect of these changes, along with a concerted plan by governments, employers, businesses, labor unions and employees themselves to retrain or “reskill” disrupted workers, will present displaced workers with more opportunities for jobs at higher pay levels than their current wages. In a summary of the main report, the authors predicted that reskilling programs could result in higher wages for 74 percent of all currently at-risk female workers, thereby narrowing the gender wage gap.

Although job disruption from the use of robots will disproportionately impact women, the fact that it will result from “business necessity” means that employees may have difficultymounting successful legal challenges to this practice. Instead, thoughtful employers may want to focus their energies on learning more about the scope of this looming problem and, wherever possible, create or participate in programs that will reskill impacted employees, and thereby provide them with more opportunities in expanding and higher-paid occupations.  Nor is this an unrealistic proposition as, overall, in the decade ending in 2026, the U.S. job market is projected to create 11.5 million new jobs.

 

© 2018 Foley & Lardner LLP
This post was written by Gregory W. McClune of Foley & Lardner LLP.

2018 LMA Tech West Conference

Registration is open for the 2018 LMA Tech West Conference on January 31 –February 1, 2018 at the Hotel Nikko. This premier marketing technology educational event will bring together more than 300 marketing and business development professionals from across the country for a day and a half of innovative programming and networking.

Through a variety of session formats, including hands-on workshops, roundtable discussions, TED Talks and panel presentations, LMA Tech West is where some of the most innovative thinkers in our industry provide examples, inspiration and takeaways that attendees of all levels can apply to the challenges and opportunities we face in our roles, in our organizations and in the industry.

 

Keynote Speaker – Scott Brinker

We are very excited to have Scott Brinker as the keynote speaker for the 2018 LMATech West conference. Scott is an expert on marketing technology and how it is changing marketing strategy, management and culture. He is the editor of the Chief Marketing Technologist Blog and the author of Hacking Marketing: Agile Practices to Make Marketing Smarter, Faster, and More Innovative, which aims to help marketers at all levels — even those with no technical background or inclination — adapt marketing management to the wild and wonderful whirlwind of a world now dominated by software. Learn more about Scott.

Baker-Polito Administration Awards $3.7 Million in Grants for Clean Energy Technology

On November 1, the Baker-Polito Administration awarded $3.7 million in grants to increase the adoption of cost-saving clean energy technologies by Massachusetts low-income residents as part of the Commonwealth’s Affordable Clean Residential Energy Program (ACRE).

Launched in April of this year, the ACRE program evolved out of the Administration’s $15 million Affordable Access to Clean and Efficient Energy (AACEE) Initiative, which focuses on coordinating the agencies that serve the energy and housing needs of Massachusetts’ low- and moderate-income residents. The Initiative’s goal is to increase the number of renewable technologies employed by low-income, single-family homes throughout the Commonwealth. To that end, an AACEE working group published a report last year highlighting recommendations to address barriers to clean energy investment by the state’s low-income residents. These recommendations, which included maximizing clean energy market growth in the low-income housing community and structuring clean energy incentives to better serve low-income residents, have served as a guidepost for the Initiative and its suite of programs.

Through ACRE, the Massachusetts Clean Energy Center (MassCEC) is awarding $2 million to Action for Boston Community Development (ABCD), a non-profit human services organization helping low-income residents in the greater Boston region transition from poverty to stability. ABCD will assist in the installation of air-source heat pumps and solar photovoltaic systems, weatherization, and energy efficient lighting as well as appliance replacement for qualifying single-family homes with reported incomes below 60 percent of the State Median Income.

Energy Futures Group, an expert consulting services organization focused on the design and evaluation of energy efficiency and renewable energy programs, will receive the remaining $1.7 million of the Administration’s funding and will focus their efforts on Western Massachusetts residents living below 80 percent of the State Median Income.

The ACRE program will give low-income homeowners access to renewable technologies, allowing these households to reduce energy costs without out-of-pocket investment. In addition to helping mitigate greenhouse gas emissions, the expanded use of energy efficient appliances benefits all Massachusetts’ ratepayers. By increasing the affordability and accessibility of these technologies, Massachusetts continues to affirm its role as a leader in clean energy generation and the fight against climate change.

This post was written by Sahir Surmeli of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.,©1994-2017
For more Environmental & Energy legal analysis, go to The National Law Review 

Telemedicine – Are There Increased Risks With Virtual Doctor Visits?

“Telemedicine” or “Telehealth” are the terms most often used when referring to clinical diagnosis and monitoring that is delivered by technology. Telemedicine encompasses healthcare provided via real time two-way video conferencing; file sharing, including transmission of health history, x-rays, films, or photos; remote patient monitoring; and consumer mobile health apps on smart phones, tablets, and devices that collect data and transmit it to a healthcare provider. Telemedicine is increasingly being used for everything from diagnosing common viruses to monitoring patients with serious long-term health issues.

The American Telemedicine Association reports that majority of hospitals now use some form of telemedicine. Two years ago, there were approximately 20 million telemedicine video consultations; that number is expected to increase to about 160 million by 2020. An estimated one-third of employer group plans already cover some type of telehealth.

Telemedicine implicates legal and regulatory issues as licensing, prescribing, credentialing, and cybersecurity. Pennsylvania recently passed legislation joining the Interstate Medical Licensing Compact, an agreement whereby licensed physicians can qualify to practice medicine across state lines within the Compact if they meet the eligibility requirements. The Compact enables physicians to obtain licenses to practice in multiple states, while strengthening public protection through the sharing of investigative and disciplinary information.

Federal and state laws and regulations may differ in their definitions and regulation of telemedicine. New Jersey recently passed legislation authorizing health care providers to engage in telemedicine and telehealth. The law establishes telemedicine practice standards, requirements for health care providers, and telehealth coverage requirements for various types of health insurance plans. Earlier this year, Texas became the last state to abolish the requirement that patient-physician relationships must first be established during an in-person patient/doctor visit before a telemedicine visit.

As telemedicine use increases, there will likely be an increase in related professional liability claims. One legal issue that arises in the context of telemedicine involves the standard of care that applies. The New Jersey statute states that the doctor is held to the same standard of care as applies to in-person settings. If that is not possible, the health care provider is required direct the patient to seek in-person care. However, the standard of care for telemedicine is neither clear nor uniform across the states.

Another issue that arises in the context of telemedicine is informed consent, especially in terms of communication, and keeping in mind that the Pennsylvania Supreme Court recently held that only the doctor, and not staff members, can obtain informed consent from patients. Miscommunication between a healthcare provider and patient is often an underlying cause of medical malpractice allegations in terms of whether informed consent was obtained.

In addition, equipment deficiencies or malfunctions can mask symptoms that would be evident during an in-person examination or result in the failure to transmit data accurately or timely, affecting the diagnosis or treatment of the patient.

Some of these issues will likely ultimately be addressed by legislative or regulatory bodies but others may end up in the courts. According to one medical malpractice insurer, claims relating to telemedicine have resulted from situations involving the remote reading of x-rays and fetal monitor strips by physicians, attempts to diagnose a patient via telemedicine, delays in treatment, and failure to order medication.

recent Pennsylvania case illustrates how telemedicine may also impact the way medical malpractice claims are treated in the courts. In Pennsylvania, a medical malpractice lawsuit must be filed in the county where the alleged malpractice occurred. Transferring venue back to Philadelphia County, the Superior Court in Pennsylvania found that alleged medical malpractice occurred in Philadelphia — where the physician and staff failed to timely transmit the physician’s interpretation of an infant’s echocardiogram to the hospital in another county where the infant was being treated.

The use of telemedicine will likely have wide-reaching implications for health care and health care law, including medical malpractice.

This post was written by Michael C. Ksiazek of STARK & STARK, COPYRIGHT ©
2017
For more Health Care legal analysis, go to The National Law Review 

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

Influencer marketing is the popular practice of using individuals with large social media audiences—known as “influencers”—to advertise products and services through their social media accounts. The Federal Trade Commission (FTC) has made it clear that influencers must clearly and conspicuously disclose their relationships to brands when promoting or endorsing products through social media. To emphasize this point, the FTC sent letters to 90 influencers and marketers earlier this year reminding them of their obligation to make appropriate disclosures on ads. The FTC has also provided Endorsement Guides with answers to frequently asked questions from advertisers, ad agencies, bloggers, and others.

Most recently the FTC hosted a live Twitter chat to answer questions and provide guidance on influencer marketing. The FTC covered a number of topics during the chat, from the use of the hashtag “#ad” as a disclosure to built-in disclosure tools on popular social media platforms. Key takeaways from the Twitter chat are:

  • Using “#ad” is a sufficient disclosure, as long as it is hard to miss in the post.

  • Even if an influencer posts from abroad, U.S. law still applies if it is reasonably foreseeable that the posts will affect U.S. consumers.

  • Built-in tools such as the “Paid” tag on Facebook and “includes paid promotion” mark on YouTube are not sufficient to disclose that a post is an ad.

  • For Snapchat and Instagram posts, the FTC suggests superimposing a disclosure over the images. For a series of images, a disclosure on the first image may be sufficient, as long as it stands out, and viewers have time to see it.

The Twitter chat followed shortly after the FTC announced its first settlement with two social media influencers, Trevor Martin and Thomas Cassell, for endorsing the online gambling service CSGO Lotto without disclosing that they were the owners of the company, as well as paying other well-known social media influencers to promote the company without requiring them to disclose the payments in their posts.

Click here to read a transcript of the questions and the FTC’s responses during the official Twitter chat.

This post was written by Edward J. McAndrewPhilip N. YannellaKim Phan & Roshni Patel of Ballard Spahr LLP Copyright ©
For more legal analysis go to The National Law Review

Using Technology to improve legal services? Submit to the Chicago Legal Tech Innovator Showcase! Deadline 9-29!

Is your firm combining technology and innovation to serve clients? We want to know about it! The Chicago Legal Tech Innovation Showcase, brought to you by the Chicago Bar Association’s Future of the Profession Committee and Chicago Kent School of Law is October 24th.  Submissions are due by September 29th, 2017.

A panel of distinguished judges will choose five “Best in Show” awards in each of the 2 awards categories: Law Firm/Legal Services and Company/Product/Service. Each award winner will present a 5 minute pitch at the Chicago Kent Auditorium on October 24 and have an opportunity to exhibit during the event. All submissions that meet the criteria will be listed in a Chicago Legal Tech Showcase Guide 2017

 

The Chicago Legal Tech Innovator Showcase will promote the law firms, legal aid orgs, and companies that are using technology to improve legal services in the Chicago area and highlight those whose innovations are exceptional. Whether the end result is better legal knowledge management, more affordable legal services, or improved metrics for decision making and analysis—and regardless of how the services are delivered—we want to hear what you are doing and so does Chicago’s legal community!

 

To learn more and submit go to: http://lpmt.chicagobar.org/chicago-legal-tech-innovator-showcase/

 

Collaboration That Works: 2017 LMA Technology Conference Midwest

The event will be held on September 25th and 26th at the University Club of Chicago. Check out more about this years Technology Conference Midwest and LMA!

 

The National Law Review is proud to be this year’s Metabyte Sponsor!