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Live from CCC2023 Ep. 6: Top Employment Law Topics for 2023 – a Quick Survey (Part I)

We Get Work

Release Date: 05/02/2023

Executive Perspectives on Leadership in Real Estate – Applying Lessons Learned show art Executive Perspectives on Leadership in Real Estate – Applying Lessons Learned

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Building positive workplace experiences can lead to a fundamental, positive cultural shift, making leadership positions not only more accessible, but at once inspiring and aspirational. 

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We get AI for work: Is California Regulating AI? show art We get AI for work: Is California Regulating AI?

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A patchwork of artificial intelligence laws in various jurisdictions across the U.S. makes it challenging for employers to understand whether they're subject to these laws aimed at regulating AI. California may be the next state to create artificial intelligence laws by defining AI, requiring more transparency, and imposing other safety, testing, reporting, and enforcement standards. 

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We get AI for work: What Employers Should Know About AI show art We get AI for work: What Employers Should Know About AI

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AI is transforming the workplace by enhancing productivity, driving innovation, and providing valuable insights through data analysis. AI's impact is felt in all aspects of business, from access to information to audio, video, and written content to decision-making and everyday human interactions. While AI's integration into business processes offers long-term benefits, adopting and implementing AI presents compliance challenges and potential risks.

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Workplace Law After 'Loper': Workplace Safety and Health Enforcement show art Workplace Law After 'Loper': Workplace Safety and Health Enforcement

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The recent SCOTUS decision in Loper Bright may make it difficult for the Occupational Safety and Health Administration to enforce its authority in court. Chapters 00:00 The Impact of the Loper Bright Decision 03:25 OSHA's Interpretation and Enforcement of Regulations 07:12 Challenges to OSHA's Walk-Around Rule and Heat Stress Guidance 09:29 The Self-Enforcement Mechanism of OSHRC 17:05 The Future of OSHA and the Regulatory Landscape

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Tipping the Scale: The New 80/20 Rule show art Tipping the Scale: The New 80/20 Rule

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The Fifth Circuit Court of Appeals struck down the 80-20 labor rule, which regulates the amount of time that tipped employees can spend performing work that does not directly generate tips. Businesses with tipped employees have long struggled with implementing the DOL's final rule that disallowed the tip credit if employees spent too much time performing duties related to their so-called tip producing duties. Chapters 00:00 Introduction 03:01 Understanding the 80-20 Rule: History and Context 05:50 The 2021 Regulation: Key Changes and Implications 11:59 The Fifth Circuit Ruling: A Game Changer...

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Providing Accommodations to Pregnant Employees show art Providing Accommodations to Pregnant Employees

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A landmark piece of legislation, the Pregnant Workers Fairness Act provides expansive protections for workers impacted by pregnancy, childbirth and related medical conditions. The EEOC’s final regulations provide important clarifications and insights into how the agency plans to enforce the law. 

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Workplace Law After 'Loper': Is Disability and Leave Management in Peril? show art Workplace Law After 'Loper': Is Disability and Leave Management in Peril?

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Recent SCOTUS decisions, including Loper Bright could see challenges to ADA and FMLA regulations.  Chapters 00:00 Introduction 01:05 The Impact of the Loper Bright Decision on ADA and FMLA Regulations 05:14 Understanding the Facts of the Loper Bright Decision 07:09 The End of Chevron and its Implications 09:37 The Future of Existing Regulations 13:22 The Importance of Compliance with Existing Regulations

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Hot Summer Safety: Heat-Related Hazards and OSHA’s Proposed Outdoor and Indoor Heat Rule show art Hot Summer Safety: Heat-Related Hazards and OSHA’s Proposed Outdoor and Indoor Heat Rule

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To address the increasingly hot temperatures nationwide, OSHA has moved closer to a final rule for workplace heat injury and illness prevention by issuing its Notice of Rulemaking in the Federal Register.  Chapters 00:00 Introduction and Background 01:49 Status of the Proposed Rule 03:09 State Plan Standards 04:32 OSHA's National Emphasis Program 08:19 Triggers and Requirements 10:14 Training and Written Program 16:36 Impact on Different Industries 18:01 Preparing for OSHA Inspections and Complaints

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Workplace Law After 'Loper': Wage and Hour Compliance in the Future show art Workplace Law After 'Loper': Wage and Hour Compliance in the Future

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Recent SCOTUS decisions including Loper Bright, Enterprises v. Raimondo, and Murthy v. Missouri are potential game changers for employers, and may make it difficult for the Department of Labor to defend its wage and hour rules in court.

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Workplace Law After 'Loper': What's Next for the NLRB? show art Workplace Law After 'Loper': What's Next for the NLRB?

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The NLRB stands out from other administrative agencies due to its quasi-judicial nature. It doesn't just issue decisions; it also has rule-making powers. The agency's decisions are often given great deference. Will the Loper Bright decision make it easier for employers to challenge Board regulations? 

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Welcome and thank you for joining us for this special edition of We Get Work, live from Jackson Lewis’ Corporate Counsel Conference, CCC2023, at the Waldorf Astoria Monarch Beach resort in Orange County, California. What follows are high level conversations on conference programs and why they were important topics to present now.