Tag: Hiring

As the Season Changes, Don’t Fall Behind: 4 Key Employment Law Trends

As the seasons change, so do manufacturers’ priorities. Fall is typically one of the busiest hiring periods of the calendar year, so many manufacturers are likely bracing themselves for this challenge. That said, there were several significant labor and employment updates this spring and summer of which manufacturers should be aware; below are four key trends that may require action to ensure compliance.

1. Worker Classification – Independent Contractor Versus Employees

Earlier this year, the U.S. Department of Labor (DOL) issued a final rule regarding employee and independent contractor status under the Fair Labor Standards Act (FLSA). The new rule, which took effect March 11, 2024, adheres to a “totality of the circumstances” approach and involves consideration of six factors. Manufacturers who rely on independent contractors to perform work and provide services should consider reviewing those relationships to ensure they are adequately characterized as independent contractors rather than employees.

2. Salary Threshold for Exempt Employees Increasing

This past spring, the U.S. DOL issued a final rule that included raising in the federal minimum salary threshold for exempt employees. Previously, the salary threshold for executive, administrative, and professional employees was $684 per week (or $35,568 per year). Effective July 1, 2024, however, the salary threshold became $844 per week ($43,888 per year), and on January 1, 2025, it will once again rise to $1,128 per week ($58,656 per year). The final rule also states that the threshold will increase on July 1, 2027, and every three years thereafter. Manufacturers should review these thresholds, as well as any state or local thresholds that may exist to ensure compliance and prepare for the January 1, 2025, increase.

3. Pay Transparency Laws

Pay transparency laws, including those requiring employers to provide the pay range to applicants, candidates, and employees or to include it in job postings, continue to be passed in states nationwide. On July 31, 2024, Massachusetts passed a law requiring employers to include a “pay range” in all job postings, including those posted by third parties, such as recruiters. Massachusetts joins several other states, including Washington, DC, which passed a similar law that recently took effect on June 30, 2024; Maryland, which passed a law taking effect on October 1, 2024; laws in Minnesota and Illinois that both take effect on January 1, 2025; and a Vermont law will take effect on July 1, 2025. Notably, the Massachusetts law also contains pay data reporting requirements for employers that are subjected to annual federal Equal Employment Opportunity (EEO) report requirements, which includes many manufacturers. Specifically, covered manufacturers must submit an annual report of pay data categorized by race, ethnicity, sex, and job category to the Secretary of the Commonwealth, with the first report due no later than February 1, 2025. Manufacturers might consider reviewing the pay transparency and pay data reporting laws in the states in where they employ employees or engage in recruiting.

4. Paid Sick Leave Laws

While paid sick leave has been trending for a number of years, there have been significant developments in recent months. In Connecticut, the sick leave law was recently expanded significantly, and now nearly all private employees are entitled to such leave. New York has also recently become the first state in the nation to enact paid prenatal leave benefits for pregnant workers. Specifically, effective January 1, 2025, pregnant workers will be entitled to up to 20 hours of paid leave in a 52-week period to attend prenatal medical appointments and procedures. This leave is not accrued; rather, it must be immediately available to employees, and it is in addition to the paid sick and safe leave to which employees are already entitled. Manufacturers who are multi-state employers should consider engaging in a comprehensive review of their PTO and sick leave policies to ensure compliance with these recent advancements.

Copyright © 2024 Robinson & Cole LLP. All rights reserved.
For more news on Employment Law Trends for Fall 2024, visit the NLR Labor Employment section.

6 Strategies for Recruiting Top Legal Talent

Recruiting top-tier legal talent is not merely a goal but a necessity for sustained success. Whether your firm is planning to strengthen expertise in niche practice areas or expand the firm’s capabilities, attracting and retaining adequate talent is one of the most critical aspects of the strategic planning process. However, the process of sourcing attorneys can be complex, requiring a multifaceted approach that taps into various channels and recruiting strategies. Your search must be thorough when looking for the best person for the job. Whether you lead a boutique law firm or a multinational megafirm, you must know all your options for locating your next, best hire. If you are curious about your options, we have you covered!

Here is Performlaw’s list of the top 6 ways to source and legal talent.

  1. Law School Recruiting

SUMMER ASSOCIATE PROGRAMS

Summer associate programs offer a structured platform for law firms to evaluate and engage with prospective hires. Law firms typically offer summer associate programs to law students between their second and third years of law school. These programs provide students with hands-on experience working in law firms to develop the fundamental skills for success as an associate. The skills summer associates typically focus on developing include legal research, drafting documents, and participating in client meetings and negotiations. Summer associates often rotate through different practice areas within the firm to gain exposure to various areas of law.

These programs are a win-win because they allow firms to evaluate potential future hires and allow students to assess whether they are a good fit for the firm and the practice area(s) in general. Having a summer associate program in place in your firm is a classic recruiting strategy that is a surefire way for law firms that want to grow and/or prepare for longevity in the industry.

Where you recruit matters! Many firms stick to Law Schools in their personal network or those near the physical geography of the firm. This is an excellent choice however, let’s consider how you can optimize your program. It is important to remember that the summer associate program presents the firm with an excellent opportunity to diversify the talent pool. Recruiting from schools that may not be within your typical network could position your firm to pull in fresh perspectives and improve your firm culture. We encourage you to be intentional about diversifying your talent pool! That means creating relationships with Private, State, and HBCU law schools and taking trips to recruiting events! This is especially important for firms who have taken the pledge to be a part of the Mansfield Rule!

NEW GRAD HIRES

Ok, so you have your summer associate program, and it is going well. If you want to grow your firm fast, double down on the new graduate hires! You should also consider recent graduates who have not participated in your summer associate program. Some law firm leaders get nervous about hiring new grads because they fear investing time and money into someone who might leave or underperform. Let’s be real: attrition is something no business owner enjoys, and being perfectly honest, anyone could leave you at any time for any reason; that is the reality of business. The best thing to do is to prepare in advance. Go in understanding that only a fraction of hires will stick around long term, and make peace with it; the key is to prepare your budget in advance with attrition in mind, but do not allow the idea of attrition to pre-defeat you in building your team. If your firm can afford to hire more than you would like to actually retain long-term, you should do it! Once attrition occurs, the firm is less likely to be unable to produce.

Recent graduates often bring fresh perspectives, cutting-edge legal knowledge, and a strong work ethic to the table. Their recent immersion in legal academia equips them with an up-to-date understanding of evolving legal principles and practices. Moreover, recent graduates tend to be highly adaptable, eager to learn, and open to guidance, making them valuable assets to any law firm; investing in their development can yield long-term benefits. By providing mentorship, training, and opportunities for growth, law firms can foster loyalty and retention, nurturing young talent into seasoned legal professionals who contribute significantly to the firm’s success.

Aside from funneling talent through your summer associate program, participating in on-campus recruiting events, job fairs, and networking sessions can facilitate connections with graduating students seeking entry-level positions. Offering competitive compensation packages, professional development opportunities, and flexible work models can incentivize graduates to choose your firm over competitors. Remember, don’t limit your firm to only choosing recruits from the top of the class. We urge you to broaden your perspective and challenge your firm to cultivate talent through your leadership and mentorship!

  1. Professional Legal Recruiting Services

Sometimes, you really don’t have the capacity or team to build out an entire summer associate program, or maybe you just really need a lateral hire, or perhaps you just prefer that a recruiting specialist handles the sourcing and recruiting for your firm. This is where legal recruiters come into play. Legal recruiters specialize in the legal industry and possess a deep understanding of its nuances, including the specific skills, qualifications, and experience required for various roles. This expertise allows them to efficiently identify candidates who not only meet the basic job requirements but also possess the desired cultural fit and potential for long-term success within the firm. By leveraging their industry knowledge and extensive networks, legal recruiters can save law firms significant time and resources in the hiring process.

Additionally, legal recruiters can provide valuable insights and guidance throughout the hiring process, from refining job descriptions to navigating salary negotiations, streamlining the entire recruitment journey, and reducing the risk of costly hiring mistakes. Also, legal recruiters offer a level of discretion and confidentiality that can be necessary when making hiring and onboarding moves in the competitive legal market. Confidentiality is often desired for both law firms and candidates, particularly when it comes to exploring new career opportunities or replacing existing positions. Legal recruiters understand the importance of discretion and can maintain confidentiality throughout the recruitment process, protecting the reputations and interests of both parties involved. This ensures that sensitive information remains secure and minimizes the potential for any disruptions or conflicts that could arise from a publicized job search.

We suggest using legal recruiters when you seek a lateral attorney or an attorney with a specialized skill set. Legal recruiters can expedite the recruitment process while ensuring the quality of hires. Of course, nothing worth having comes free, legal recruiters typically get paid through a contingency fee or a retained fee model. In a contingency fee arrangement, the recruiter is compensated only if they successfully place a candidate with the law firm, usually receiving a percentage of the candidate’s first-year salary. Alternatively, in a retained fee model, the law firm pays the recruiter upfront to conduct a thorough search for suitable candidates, regardless of whether a hire is made, with the fee often being a portion of the anticipated salary for the position. The specific payment structure may vary depending on the agreement between the law firm and the legal recruiter.

  1. Firm Website Careers Section

A well-curated careers section on the firm’s website serves as a primary point of contact for prospective candidates. Clear and comprehensive job postings detailing roles, responsibilities, and qualifications can attract qualified applicants. Additionally, showcasing the firm’s culture, values, and employee testimonials can resonate with potential candidates, fostering interest in joining the team.

Moreover, leveraging the careers section of the firm’s website as a platform for thought leadership can further enhance its effectiveness in attorney recruitment. Publishing blog posts, articles, or case studies that highlight the firm’s expertise in specific practice areas not only demonstrates its legal prowess but also serves as a magnet for top legal talent seeking opportunities for professional growth and development. Positioning the firm as a thought leader within the legal industry can attract candidates who are not only interested in the job but also in contributing to and learning from a team of experts.

Furthermore, the careers section can be utilized to provide insights into the firm’s career progression paths and professional development opportunities. Offering information about mentorship programs, continuing education initiatives, and opportunities for advancement can appeal to ambitious candidates who are looking to build long-term careers within the firm. Clear pathways for career growth not only attract talented individuals but also contribute to employee retention by demonstrating the firm’s commitment to investing in the success and fulfillment of its legal professionals. In essence, the careers section of the firm’s website serves as more than just a job board; it’s a window into the firm’s culture, values, expertise, and opportunities for professional advancement, making it a powerful tool for attorney recruitment and retention.

  1. Networking:

To optimize networking efforts in attorney recruiting, it’s essential to approach these interactions with a strategic mindset and genuine interest in building meaningful connections. While attending legal industry events, bar association meetings, and alumni gatherings, it’s important to engage with attendees rather than simply collecting business cards actively. Taking the time to listen to others, ask thoughtful questions, and share insights about the firm’s culture and opportunities can leave a lasting impression and lay the foundation for fruitful relationships. Additionally, participating in panel discussions, speaking engagements, or hosting informational sessions can further showcase the firm’s expertise and provide valuable networking opportunities.

In addition to attending organized events, cultivating relationships with legal professionals, alumni networks, and referral sources on an ongoing basis is crucial. Regular communication through personalized emails, phone calls, or coffee meetings can help nurture these connections and keep the firm top of mind when potential opportunities arise. Building rapport with individuals who may not be actively seeking employment but are well-connected within the legal community can also lead to valuable candidate referrals. By investing time and effort into cultivating a robust network of contacts, firms can tap into a diverse pool of talent and gain insights into the ever-evolving talent landscape.

Furthermore, leveraging technology can enhance networking efforts and extend the firm’s reach beyond traditional face-to-face interactions. Utilizing professional networking platforms such as LinkedIn allows firms to connect with legal professionals across geographic boundaries and engage with both active and passive job seekers. Engaging in relevant online discussions, sharing industry insights, and showcasing the firm’s thought leadership can help attract candidates who align with the firm’s values and vision. By integrating online networking with offline efforts, firms can create a comprehensive networking strategy that maximizes their ability to connect with top legal talent.

  1. Job Boards:

To effectively leverage job boards in attorney recruiting, firms must first identify the platforms that best align with their recruitment needs and target candidate demographics. Utilizing reputable job boards tailored to the legal profession, such as Lawjobs, Indeed Legal, and LinkedIn’s Legal Jobs section, ensures that job postings reach a qualified and relevant audience of legal professionals. These platforms offer features that allow firms to narrow down candidate searches based on specific criteria such as experience level, practice areas, and geographic preferences, helping to streamline the recruitment process and target candidates who best fit the role.

Crafting compelling job descriptions is essential to capturing the attention of potential candidates and encouraging them to apply. Job postings should clearly outline the responsibilities, qualifications, and expectations for the role, providing candidates with a comprehensive understanding of the position. Moreover, incorporating elements that highlight the firm’s unique selling points, such as its culture, values, and career development opportunities, can help differentiate the job posting from others and attract top talent. Additionally, leveraging targeted advertising on job boards can increase the visibility of job postings and ensure they are seen by the most relevant candidates. By strategically allocating advertising budget to promote job postings to specific demographics or geographic regions, firms can maximize their reach and attract qualified applicants.

Furthermore, job boards offer valuable insights and analytics that can inform recruitment strategies and optimize the effectiveness of job postings. Tracking metrics such as the number of views, applications received, and applicant demographics can help firms evaluate the success of their job board postings and make data-driven decisions to improve future recruitment efforts. Additionally, job boards may offer features such as applicant tracking systems (ATS) or candidate matching algorithms, which can streamline the recruitment process by organizing applicant data and identifying top candidates based on predefined criteria. By harnessing the capabilities of job boards and leveraging data-driven insights, firms can enhance their recruitment strategies and attract the best legal talent to join their team.

  1. Social Media:

Social media is a great way for law firms to enhance their attorney recruiting efforts by reaching a broader audience and engaging with passive candidates. Establishing and maintaining an active presence on professional networking sites such as LinkedIn, Instagram, TikTok, and Facebook allows firms to showcase their expertise, culture, and career opportunities to a vast network of legal professionals. By regularly updating profiles with engaging content, firms can demonstrate thought leadership within their practice areas, positioning themselves as attractive employers within the legal community.

Sharing thought leadership content on social media platforms showcases the firm’s knowledge and expertise and provides valuable insights into its values and culture. By publishing articles, blog posts, or case studies that demonstrate the firm’s legal acumen and innovative approaches to solving complex legal challenges, firms can attract the attention of passive candidates who may not have been actively seeking job opportunities. Additionally, highlighting firm achievements, such as successful case outcomes, client testimonials, or awards and recognitions, further enhances the firm’s credibility and reputation as an employer of choice.

Active participation in relevant discussions and industry groups on social media platforms can also help firms connect with potential candidates and build relationships within the legal community. By engaging in conversations, offering insights, and providing value to others, firms can establish themselves as trusted sources of information and foster meaningful connections with legal professionals. Moreover, actively responding to inquiries and messages from potential candidates demonstrates responsiveness and accessibility, further strengthening the firm’s reputation and appeal as an employer. By harnessing social media’s power, law firms can amplify their recruiting efforts and attract top legal talent to join their team.

By integrating these strategies, law firms can effectively attract and retain top legal talent, fostering a dynamic and successful legal practice.

©2024 PerformLaw
For more news on Recruiting Top Legal Talent, visit the NLR Law Office Management section.

Understanding How U.S. Export Controls Affect Manufacturers’ Hiring Practices

The U.S. government has adjusted export control regulations in an effort to protect U.S. national security interests. The revisions primarily affect export of electronic computing items and semiconductors to prevent foreign powers from obtaining critical technologies that may threaten national security. As manufacturers are facing increased demand for their products and critical labor shortages, they may find themselves seeking to hire foreign national talent and navigating U.S. export control and immigration and anti-discrimination laws.

Export Control Laws in United States

The primary export control laws in the United States are the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). Under these regulations, U.S. Persons working for U.S. companies can access export-controlled items without authorization from the U.S. government. U.S. Persons include: U.S. citizens, U.S. nationals, Lawful permanent residents, Refugees, and Asylees. Employers might need authorization from the appropriate federal agency to “export” (in lay terms, share or release) export-controlled items to workers who are not U.S. Persons, which the regulations call foreign persons. Employers apply for such authorization from either the U.S. Department of State or the U.S. Department of Commerce, depending on the item.

The release of technical data or technology to a foreign person that occurs within the United States is “deemed” to be an export to the foreign person’s “home country.” Whether an export license is required for a particular release may depend on both the nature of export controls applicable to the technology or technical data (including whether it is subject to the ITAR or EAR) and the citizenship of the foreign person.

Recent revisions to the EAR cover controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items, among other controls. These revisions particularly affect semiconductor and chip manufacturers and exporters.

Intersection With Immigration and Anti-Discrimination Laws

The U.S. Immigration and Nationality Act (INA) and Title VII of the Civil Rights Act 1964 prohibit discrimination based on protected characteristics.

The INA prohibits discrimination based on national origin or citizenship, among other characteristics. Title VII prohibits discrimination based on race and national origin, which typically includes discrimination based on citizenship or immigration status. Furthermore, the INA prohibits “unfair documentary practices,” which are identified as instances where employers request more or different documents than those necessary to verify employment eligibility or request such documents with the intent to discriminate based on national origin or citizenship.

The intersection of export control laws, immigration, and anti-discrimination laws can create a confusing landscape for employers, particularly manufacturers or exporters of export-controlled items. Manufacturers and exporters, like all employers, must collect identity and employment authorization documentation to ensure I-9 compliance. At the same time, however, they must collect information relating to a U.S. Person in connection with export compliance assessments. To address these areas of exposure for employers, the U.S. Department of Justice’s Civil Rights Division released an employer fact sheet to provide guidance for employers that includes best practices to avoid discrimination.

Implications

To ensure compliance under these rules, employers should separate the I-9 employment authorization documentation process from the export control U.S. Person or foreign person identification process. Employers should implement or revisit internal procedures and provide updated training to employees.

The export rule revisions highlight the challenges for employers in avoiding discrimination when complying with export control laws. Manufacturers and exporters should review their compliance practices regarding U.S. export control, immigration, and anti-discrimination laws with experienced counsel. Employers should implement policies and procedures reasonably tailored to address export control compliance requirements while not engaging in discrimination on the basis of citizenship or national origin.

Jackson Lewis P.C. © 2024

by: Maurice G. Jenkins , Kimberly M. Bennett of Jackson Lewis P.C.

For more news on Export Control Laws, visit the NLR Antitrust & Trade Regulation section.

NYC Issues Proposed Rules for Its Automated Employment Decision Tools Law

On Friday, September 23, 2022, the New York City Department of Consumer and Worker Protection (“DCWP”) released a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to its Automated Employment Decision Tool law (the “AEDT Law”), which goes into effect on January 1, 2023. As we previously wrote, the City passed the AEDT Law to regulate employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions; as written, however, it contains many ambiguities, which has left covered employers with open questions about compliance.

The proposed rules are intended to clarify the requirements for the use of automated employment decision tools within New York City, the definitions of key terms in the AEDT law, the notices to employees and applicants regarding the use of the tool, the bias audit for the tool, and the required published results of the bias audit.

The DCWP’s public hearing on the proposed rules and deadline for comments are October 24, 2022. Although the proposed rules may be modified prior to adoption, the following summarizes the key provisions.

“Substantially assist or replace discretionary decision making”

The AEDT Law applies to an automated decision tool that is used “to substantially assist or replace discretionary decision making.” It does not, however, specify the type of activities that constitute such conduct or what particular AI-powered employment tools are covered by the law.

The proposed rules attempt to provide guidance on this issue by defining “substantially assist or replace discretionary decision-making” as one of the following actions:

  1. relying solely on a simplified output (score, tag, classification, ranking, etc.), without considering other factors; or
  2. using a simplified output as one of a set of criteria where the output is weighted more than any other criterion in the set; or
  3. using a simplified output to overrule or modify conclusions derived from other factors including human decision-making.

“Bias Audit”

Pursuant to the AEDT Law, before using an automated employment decision tool, a covered employer or employment agency must subject the tool to a “bias audit” no more than one year prior to the use of the of the tool.  The law explains that “bias audit” means an “impartial evaluation by an independent auditor,” but does not otherwise specify who or what constitutes an “independent auditor” or what the “bias audit” must contain. The proposed rules address these gaps.

First, the proposed rules define “independent auditor” as “a person or group that is not involved in using or developing an [automated employment decision tool] that is responsible for conducting a bias audit of such [tool].” This definition does not specify that the auditor must be a separate legal entity from the creator or vendor of the tool and therefore suggests that it may be acceptable for the auditor to be employed by the organization using the tool, provided the auditor does not use and has not been involved in developing the tool.

Second, the proposed rules state that the required contents of a “bias audit” will depend on how the employer or employment agency uses the tool.

If the tool selects individuals to move forward in the hiring process or classifies individuals into groups, the “bias audit,” at a minimum, would need to:

  1. calculate the selection rate for each category;
  2. calculate the impact ratio for each category; and
  3. where the tool classifies candidates into groups, the bias audit must calculate the selection rate and impact ratio for each classification.

If the automated employment decision tool merely scores candidates, the “bias audit” at a minimum, would need to:

  1. calculate the average score for individuals in each category; and
  2. calculate the impact ratio for each category.

The preamble to the proposed rules makes clear that DCWP intends these calculations to be consistent with the Uniform Guidelines on Employee Selection Procedures (“UGESP”), 29 C.F.R. § 1607.4, and borrows concepts from the framework established by the UGESP in the definitions of “impact ratio” and “selection rate.”

Under the AEDT Law, upon completion of a bias audit, and prior to using the automated employment decision tool, covered employers and employment agencies must make the date and summary of the results of the bias audit publicly available on the careers or job section of their website in a clear and conspicuous manner. The proposed rules clarify that publication may be made via an active hyperlink to a website containing the required information, as long as the link is clearly identified as linking to the results of the bias audit. The required information must remain posted for at least six months after the covered employer or employment agency uses the tool for an employment decision.

Required Notices

The AEDT Law also specifies that employers and employment agencies must notify candidates for employment and employees who reside in New York City as follows:

  1. at least ten business days prior to using an automated decision tool, that such a tool will be used to assess or evaluate the candidate or employee, and allow the individual to request an alternative selection process or accommodation;
  2. at least ten business days prior to use, the job qualifications and characteristics that the tool will use in the assessment or evaluation; and
  3. if not disclosed on the employer or employment agency’s website, information about the type of data collected for the tool, the source of such data, and the employer or employment agency’s data retention policy shall be available upon written request by the individual and be provided within thirty days of the written request.

Covered employers and employment agencies have expressed concern about the practical and administrative difficulties of providing the above notices in the fast-paced environment of today’s recruiting and hiring.

In apparent response to these concerns, the proposed rules clarify that the employer or employment agency may provide the notices required by paragraphs (1) and (2) by:

  1. (a) in the case of candidates, including notice on the careers or jobs section of its website at least ten business days prior to the use of the tool, and (b) in the case of employees, including notice in a written policy or procedure that is provided to employees at least ten business days prior to use;
  2. including notice in a job posting at least ten days prior to using the tool; or
  3. (a) in the case of candidates, providing notice via U.S. mail or email at least ten business days prior to use of the tool; and (b) in the case of employees, providing written notice in person, via U.S. mail, or email at least ten business days prior to use.

In short, under the proposed rule, an employer or employment agency could comply with the AEDT Law by providing the required notice when first posting the job.

With respect to the notice requirement in paragraph (3), the proposed rules state that an employer or employment agency must provide notice to covered individuals by including notice on the careers or jobs section of its website, or by providing written notice in person, via U.S. mail, or by email within 30 days of receipt of a written request for such information. If notice is not posted on the website, the employer or agency must post instructions for how to make a written request for such information on its careers or job section of the website.

Finally, although the AEDT Law requires an employer or employment agency to allow covered individuals to request an alternative selection process, the proposed rules state that nothing requires an employer or employment agency to provide an alternative selection process.

Article By Adam S. Forman, Nathaniel M. Glasser, Robert J. O’Hara, Alexander J. Franchilli, and Ridhi D. Madia of Epstein Becker & Green, P.C.

For more labor and employment legal news, click here to visit the National Law Review.

©2022 Epstein Becker & Green, P.C. All rights reserved.

July 2022 Legal Industry News and Highlights: Law Firm Hiring, Industry Recognition, and the Latest in Diversity and Inclusion

Thank you for reading the National Law Review’s latest in legal industry news – read on below for updates on law firm hiring and expansion, industry awards and recognition, and diversity and inclusion initiatives! We hope you are staying safe, happy, and healthy.

Law Firm Hiring and Expansion

Womble Bond Dickinson has announced its upcoming merger with Cooper, White & Cooper LLP, a multi-practice law firm based in San Francisco. Effective on September 1, 2002, the expansion will strengthen Womble’s presence in the Bay Area, with more than two dozen legal professionals operating out of the San Francisco area.

“California is home to some of the world’s key business and technology hubs, with San Francisco chief among them,” said Betty Temple, CEO and Chair of Womble Bond Dickinson (US). “The state – and indeed the entire West Coast – is strategically important to Womble, and we are thrilled to anchor our presence in the market through a firm that is well-known for its robust litigation and transactional skills. We look forward to continuing the growth of our services and footprint on the West Coast and in other key markets to provide greater value to our clients.”

“We have been impressed by Womble’s transatlantic platform and stellar reputation for advising companies on complex, high-stakes issues,” said Jed Solomon, a partner at Cooper, White & Cooper. “Combined with our cultural compatibility and shared commitment to exceptional client service, this was an ideal opportunity to expand our services to our collective client base.”

James W. Cox, MS, an experienced biologist and risk assessor, has joined Bergeson & Campbell, P.C. and The Acta Group as Senior Scientist. Mr. Cox, who has formerly served as an Acting Lead Biologist in Risk Assessment in the EPA’s Office of Pollution Prevention and Toxics and as a Biologist at the Department of Defense, has reviewed hundreds of biological agents, nanomaterials, industrial chemicals, and more to determine risks to human health and the environment. At the firm, he will continue to provide regulatory process guidance for products subject to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), and other notable regulatory programs.

“James’s contributions to our practice areas come at a crucial time, given the considerable uptick in the need for risk assessment skills,” said Lynn L. Bergeson, Managing Partner of Bergeson & Campbell and President of Acta. “We are so pleased James has joined our team and look forward to introducing him to our clients.”

Varnum LLP has expanded its office in Birmingham, Michigan. With growing client demand and ongoing hiring, the firm has nearly doubled the size of its operations in the area in the last three years, featuring noteworthy practices in the fields of banking, finance, corporate law, M&A, intellectual property, and more.

“Since opening our doors in Birmingham three years ago, we have been thrilled with the reception from clients, legal talent and the community alike,” said Firm Chair Ron DeWaard. “Our newly expanded office will allow us to continue our growth trajectory with first-class space for clients and talent.”

Industry Awards and Recognition

Nick Welle, Partner at Foley and Lardner LLP, has received a 2022 Philanthropic 5 Award from the United Way of Greater Milwaukee & Waukesha County. Created by the organization’s Emerging Leaders Council, the award recognizes five notable leaders in the community, particularly ones that have made significant contributions of mentoring, volunteer work, or leadership to nonprofit organizations in the area.

Mr. Welle is the Chair of the firm’s Health Benefits Practice Group, as well as the co-chair of the Pro Bono Committee based in Milwaukee. Both at the firm and through community volunteer work, Mr. Welle has managed projects such as camp clean-ups, backpack drives, and clothing fundraisers in the area, dedicating hundreds of hours to the Boys & Girls Club of Greater Milwaukee. Additionally, he assists in running the Milwaukee Street Law Legal Diversity Pipeline Program, which aids high school students from diverse backgrounds in researching potential legal professions.

At the 40 at 50 Judicial Pro Bono Recognition Breakfast, Barnes & Thornburg LLP was honored by the Judicial Conference of the District of Columbia Circuit’s Standing Committee on Pro Bono Legal Services for its ongoing commitment to pro bono legal services. More than 40 percent of the firm’s Washington D.C.-based attorneys performed more than 50 hours pro bono work in the last year, and as such, the firm was made eligible for the recognition.

In addition, the organization recognized Barnes & Thornburg for being one of only six firms in which at least 40 percent of its partners in the Washington D.C. office reached the 50-hour marker.

Tycko & Zavareei LLP’s Sabita J. Soneji has been nominated to the Public Justice Board of Directors for a term that will last three years. Working against unchecked corporate power, ongoing pollution, unjust employers, punitive credit card companies, and more, Public Justice engages in impactful legislation to take on notable systemic threats to justice in the United States. Ms. Soneji, a Partner at Tycko & Zavareei, has nearly 20 years of experience in litigation and legal policy, fighting consumer fraud at both the federal and state level.

“I’m genuinely honored to be nominated to serve on the Board of an organization that tirelessly works to promote justice, diversity, and fairness,” said Ms. Soneji. “I’m even more excited to get to do that work with such an incredible group of devoted attorneys.”

Diversity, Equity, and Inclusion

Brittainy Joyner, attorney at Shumaker, Loop & Kendrick, LLP, has been accepted into the 2022 cohort for the Nonprofit Leadership Center’s Advancing Racial Equity on Nonprofit Boards (ARENB) Fellowship. Broken into six separate sessions, the ARENB program helps to advance the racial and ethnic diversity of nonprofit boards throughout the Tampa Bay area, ensuring these organizations are prepared and committed to fostering more inclusive cultures and environments. Ms. Joyner, a member of Shumaker’s Litigation and Disputes Service Line, focuses her practice on litigation and disputes for homeowners associations, as well as arbitration, mediation, and negotiation.

“We are proud that Brittainy got accepted into Advancing Racial Equity on Nonprofit Board Fellowship,” said Maria Del Carmen Ramos, Shumaker Partner and Diversity and Inclusion Committee Co-Chair. “At Shumaker, we understand the importance of promoting racial equity. We are happy to see our attorneys, like Brittainy, being committed to doing something about it. We know Brittainy will be a valued fellow.”

In celebration of 2022’s Pride Month, New York Times bestselling author and Pulitzer Prize finalist Dr. Eric Cervini joined Katten Muchin Rosenman LLP attorneys for a virtual conversation about the history of LGBTQ+ politics in the United States, as well as the continued battle for LGBTQ+ rights. The event was moderated by firm Partner J Matthew W. Haws, who is a member of the Lesbian and Gay Bar Association of Chicago and the National LGBTQ+ Bar Association.

With more than 300 anti-LGBTQ+ bills proposed this year across the country, Mr. Cervini acknowledged the community’s ongoing struggle. However, he noted “As I remind people, we have been through much worse. We have survived the inquisition, the Lavender Scare, the AIDS crisis, and Anita Bryant […] We can certainly get through this. But we need to be studying up, how we were successful and how we failed in the past and then also be recruiting new allies, just as Frank Kameny recruited the ACLU, we need to be recruiting new allies today.”

Darrell S. Gay, partner at ArentFox Schiff LLP, has been named one of Crain New York Businesses’ 2022 Notable Diverse Leaders in Law. Selected for his contributions to local counseling, pro bono work, and community service and philanthropy, as well as his commitment to diversity, equity, and inclusion initiatives, Mr. Gay is an experienced attorney, focusing his practice on the field of labor and employment. He assists in guiding clients through employee relations issues, as well as internal investigations and traditional labor matters.

In addition, Mr. Gay is a longtime leader in the private bar and the business community. He served for three years as the Commissioner for the New York State Civil Service Commission, and additionally played a central role in founding and leading the firm’s Center for Racial Equality.

Article By Chandler Ford of The National Law Review / The National Law Forum LLC

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Copyright ©2022 National Law Forum, LLC

How Business Owners Can Watch For Fraud

Fraud can quickly take down a successful business, or at the very least create significant issues for you to deal with. As a business owner, it’s important that you know how to watch for fraudulent activities by your employees. Here are a few tips for approaching the subject in your business:

Be careful who you hire

Preventing fraud begins before you even hire your employees. As you work through the selection process, be sure to investigate your potential hires, especially those who deal with finances. You can use a background check, credit report and social media check to look for any red flags.

Protect your business with anti-fraud policies

You should always have company policies in place that state that fraud is not accepted and that includes specific procedures to help prevent and deal with fraud.

Consistent analysis

Use data analysis to double-check the transactions of your business. This can help catch any errors or possible instances of fraud.

Educate your employees

Though you may have the definition of fraud and your stance against it in your company policies, that doesn’t mean that your employees are aware. Especially for new hires, create fraud education and training for them to complete.

Make it easy for whistleblowers to come forward

Create a company culture that is honest and open. This can help draw employees who are willing to call out fraud when they see it. Create procedures that allow whistleblowers to feel safe coming forward and reporting misconduct.

Watch for red flags

As an employer, it’s important to keep an eye on your employees. You have a unique opportunity to spot red flags like employees that live beyond their means or have significant financial struggles.

Don’t let any suspicious activity slide. Be sure to quickly and thoroughly address anything that you notice that could be indicative of fraud.

© 2020 by Raymond Law Group LLC.

Are Your AI Selection Tools Validated? OFCCP Provides Guidance for Validation of AI-Based Algorithms

We have long counseled employers using or contemplating using artificial intelligence (“AI”) algorithms in their employee selection processes to validate the AI-based selection procedure using an appropriate validation strategy approved by the Uniform Guidelines on Employee Selection Procedures (“Uniform Guidelines”).  Our advice has been primarily based on minimizing legal risk and complying with best practices.  A recently updated Frequently Asked Questions (“FAQ”) from the Office of Federal Contract Compliance Programs (“OFCCP”) provides further support for validating AI-based selection procedures in compliance with the Uniform Guidelines.

On July 23, 2019, the OFCCP updated the FAQ section on its website to provide guidance on the validation of employee selection procedures.  Under the Uniform Guidelines, any selection procedure resulting in a “selection rate for any race, sex, or ethnic group which is less than four-fifths (4/5) (or eighty percent) of the rate for the group with the highest rate will generally be regarded by Federal enforcement agencies as evidence of adverse impact,” which in turn requires the validation of the selection procedure.  These validation requirements are equally applicable to any AI-based selection procedure used to make any employment decision, including hiring, termination, promotion, and demotion.

As stated in the Uniform Guidelines, and emphasized in the FAQ, the OFCCP recognizes three methods of validation:

  1. Content validation – a showing that the content of the selection procedure is representative of important aspects of performance on the job in question;

  2. Criterion-related validation – production of empirical data demonstrating that the selection procedure is predictive or significantly correlated with important aspects of job performance; and

  3. Construct validation – a showing that the procedure measures the degree to which candidates possess identifiable characteristics that have been determined to be important in successful performance on the job.

With the exception of criterion-related validating studies, which can be “transported” from other entities under certain circumstances, the Uniform Guidelines require local validation at the employer’s own facilities.

If a selection procedure adversely impacts a protected group, the employer must provide evidence of validity for the selection procedure(s) that caused the adverse impact. Thus, it is crucial that employers considering the implementation of AI-based algorithms in the selection process both conduct adverse impact studies and be prepared to produce one or more validation studies.

The new FAQ also provides important guidelines on the substantial methods utilized by OFCCP in evaluating potential adverse impact.  In accordance with the Uniform Guidelines, OFCCP will analyze the Impact Ratio – the disfavored group’s selection rate divided by the favored group’s selection rate.  Any Impact Ratio of less than 0.80 (referred to as the “Four – Fifths Rule”) constitutes an initial indication of adverse impact, but OFCCP will not pursue enforcement without evidence of statistical and practical significance.  For statistical significance, the OFCCP’s standard statistical tests are the Fisher’s Exact Test (for groups with fewer than 30 subjects) and the Two Independent-Sample Binomial Z-Test (for groups with 30 or more subjects).

With the publication of this new FAQ, employers – and particularly federal contractors – should be sure to evaluate their use of AI-based algorithms and properly validate all selection procedures under the Uniform Guidelines.  Moreover, although not addressed in the OFCCP’s new FAQ, employers should also ensure that their AI-based algorithms are compliant with all other state and federal laws and regulations.

©2019 Epstein Becker & Green, P.C. All rights reserved.

Cincinnati City Council Passes Ordinance Prohibiting Salary History Inquiries

In a thinly veiled attempt to steal the spotlight from Cleveland, the new destination city for the National Football League, on March 13, 2019, the Cincinnati City Council passed Ordinance No. 83-2019, titled Prohibited Salary History Inquiry and Use, barring employers from inquiring about or relying on job applicants’ salary histories. It is scheduled to become effective in March 2020, and it applies to private employers with 15 or more employees in the city of Cincinnati.

The ordinance makes it “an unlawful discriminatory practice for an employer or its agent to:

    1. Inquire about the salary history of an applicant for employment; or
    2. Screen job applicants based on their current or prior wages, benefits, other compensation, or salary histories, including requiring that an applicant’s prior wages, benefits, other compensation or salary history satisfy minimum or maximum criteria; or
    3. Rely on the salary history of an applicant in deciding whether to offer employment to an applicant, or in determining the salary, benefits, or other compensation for such applicant during the hiring process, including the negotiation of an employment contract; or
    4. Refuse to hire or otherwise disfavor, injure, or retaliate against an applicant for not disclosing his or her salary history to an employer.”

The ordinance does not limit employers from asking applicants “about their expectations with respect to salary, benefits, and other compensation, including but not limited to unvested equity or deferred compensation that an applicant would forfeit or have cancelled by virtue of the applicant’s resignation from their current employer.” Ordinance No. 83-2019 requires that, following a conditional offer of employment, upon request, the employer must provide the conditional offeree the pay scale for the position. The ordinance provides a private right of action to enforce the law. Remedies for violating the ordinance include “compensatory damages, reasonable attorney’s fees, the cost of the action, and such legal and equitable relief as the court deems just and proper.”

Ordinance No. 83-2019 is designed to “ensure that . . . job applicants in Cincinnati are offered employment positions and subsequently compensated based on their job responsibilities and level of experience, rather than on prior salary histories.” In reality, it reaches well beyond Cincinnati, as state and local salary history bans are proliferating. Many municipalities, cities, and states across the country have passed laws limiting salary inquiries, and legislation is pending in numerous other jurisdictions around the country.

 

© 2019, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.
Read more on Equal Pay issues on the National Law Review’s Labor and Employment page.

Partial Government Shutdown Causes Full-Blown Headache for Employers Using E-Verify

If you are an employer that is obligated to or has chosen to use E-Verify, then you have probably already received this message from the E-Verify website: “NOTICE: Due to the lapse in federal funding, this website will not be actively managed. This website was last updated on December 21, 2018, and will not be updated until after funding is enacted. As such, information on this website may not be up to date. Transactions submitted via this website might not be processed, and we will not be able to respond to inquiries until after appropriations are enacted.”

But what does this notice actually mean for your business? As long as the shutdown remains in effect, you will not be able to:

  • enroll in the program

  • access your E-Verify account

  • create a case in E-Verify

  • take action on a case you previously submitted

  • add, delete, or edit accounts

  • terminate accounts

  • run reports

Also during this time, your employees will not be able to resolve any E-Verify Tentative Nonconfirmations (TNCs) they received prior to the shutdown. Indeed, the number of days E-Verify is not available will not count toward the days employees have to begin the process of resolving their TNCs.

So, what should you do with your new hires given that you cannot create a case in E-Verify within the three business days required?

  • Make sure you are still completing I-9s in a timely manner. The shutdown does not affect the three business days you have to obtain and verify documentation in Section 2 or any other I-9 obligations.

  • Do not take any adverse action against employees who have open cases in E-Verify.

  • Create a list of all employees hired during the time period E-Verify has been inoperable, and make a notation that the reason the employees were not run through E-Verify is due to the government shutdown.

  • Take the time now to establish a system for running these employees through E-Verify once the system becomes available. Absent other instructions from USCIS, you will most likely be choosing the “other” drop-down field when asked why the case was not created within three days and typing in “government shutdown.”

  • If you’re a federal contractor with a Federal Acquisition Regulation E-Verify clause, think about getting confirmation in writing from your contracting officer that the E-Verify deadlines are extended. Or, if the officer is not available, at least create documentation that you have inquired about this.

© 2019 Jones Walker LLP
This post was written by Laurie M. Riley and Mary Ellen Jordan of Jones Walker LLP.

Connecticut’s Pay Equity Law Prohibits Salary History Inquiries

As of January 1, 2019, Connecticut employers are prohibited from inquiring about prospective employees’ wage or salary histories. Connecticut’s new pay equity law is intended to promote equality in pay and close the wage gap. Under the new law, employers—defined as entities having “one or more employees”—are also prohibited from using a third party to inquire about any applicant’s wage or salary history. Employers may still inquire about the components of an applicant’s compensation structure—for example, retirement benefits or stock option plans—but they may not inquire about the value of any individual component.

Nothing in the law prevents an employer from verifying salary information if a prospective employee voluntarily discloses such information. Additionally, the law does not apply where a federal or state law “specifically authorizes disclosure or verification of salary history” in the employment context.

A private right of action exists for violations of the law, and a prospective employee can potentially recover compensatory damages, attorneys’ fees and costs, and punitive damages. A two-year statute of limitations applies.

In light of this new law, Connecticut employers should revise their employment applications to remove any requests for candidates’ salary histories. Employers that have hiring policies and/or hiring scripts should revise these documents to remove any questions about salary histories. Further, employers may want to affirmatively state that it is the employer’s policy not to make such inquiries. Connecticut employers may also want to ensure that any employees involved in interviewing candidates are trained on the new law and understand that they should not be asking about salary history information. Finally, employers may want to verify that any third parties they are using to help screen candidates are aware of and in compliance with the new law.

 

© 2018, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.
Read more employment updates on the National Law Review’s employment law page.