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Workplace Law After ‘Loper’: Can Employers Really Expect Less Regulation?

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Release Date: 07/23/2024

Workplace Law After 'Loper': Will Organizations Face a Wider Regulatory Gap Between Conflicting Data Privacy and Security Laws? show art Workplace Law After 'Loper': Will Organizations Face a Wider Regulatory Gap Between Conflicting Data Privacy and Security Laws?

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The Loper Bright decision could challenge Congress in passing particular and forward-thinking data privacy and security laws.

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Massachusetts New Pay Transparency Law Addresses Pay Gaps show art Massachusetts New Pay Transparency Law Addresses Pay Gaps

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Massachusetts employers will enhance transparency by including pay range information in all job postings and advertisements. Additionally, employers will proactively provide pay range details to employees and applicants upon request, fostering a more open and equitable workplace. 

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Debating Politics at Work: From Elections to DEI show art Debating Politics at Work: From Elections to DEI

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Politics is a hot topic at any time, especially during an election year when discussions ranging from candidates' qualifications to DEI spill over to the workplace. This prompts employers to think critically about the rules and regulations they implement to maintain a productive and inclusive environment. 

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We get AI for work: Lifting the Veil on Colorado's AI Act show art We get AI for work: Lifting the Veil on Colorado's AI Act

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Artificial intelligence is revolutionizing the workplace, offering unprecedented opportunities for innovation and efficiency. The Colorado AI Act stands at the forefront of this transformation, ensuring that AI is used responsibly and ethically. This pioneering legislation aims to eliminate algorithmic bias, fostering a fair and inclusive environment while promoting the innovative application of AI technologies. 

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Workplace Law After ‘Loper’: Are Non-Competes Dead? show art Workplace Law After ‘Loper’: Are Non-Competes Dead?

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The recent SCOTUS Loper Bright decision, the FTC's final rule banning non-competes, and ongoing litigation may present significant challenges for employers enforcing non-compete agreements. 

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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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Many entrenched U.S. federal agency regulations have existed for decades. However, the United States Supreme Court's decision to end the Chevron doctrine exposed a governmental fault line, which may have far-reaching implications for employers.