Legal Updates

Labor Management Relations Under President Biden – Video & Podcast

As featured in #WorkforceWednesday:  This week on our special podcast series, Employers and the New Administration, we look at what President Biden’s support for unions throughout his political career might mean for labor management relations.

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Video & Podcast: Labor Management Relations Under President Biden – Employment Law This Week

As featured in #WorkforceWednesday:  This week on our special podcast series, Employers and the New Administration, we look at what President Biden’s support for unions throughout his political career might mean for labor management relations.

In this episode, Glenn Spencer, Senior Vice President of the Employment Policy Division at the U.S. Chamber of Commerce, and attorney Steve Swirsky discuss what employers can expect from the NLRB under the Biden administration. Attorney David Garland leads the conversation.

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D.C. Circuit Affirms Federal Jury’s Conviction of Texas Drilling Executive for Trade Secret Theft

On March 16, 2021, the U.S. Court of Appeals for the D.C. Circuit affirmed defendant Shan Shi’s conviction for conspiracy to commit theft of trade secrets. Given recent efforts at the state and now federal level to ban non-competes, employers may be more likely to consider partnering with law enforcement to remedy trade secret theft.

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Distressed retail: The new landscape

The retail sector has been badly affected by temporary covid closures. But with this coming on top of major structural changes in the sector, the damage is extreme. We have seen mass closures and the disappearance from our high streets of many well known names. Some have been rescued but often by transforming them into businesses much more orientated to online sales and with less (or no) ongoing high street units. And we fear that there is more to come, particularly for  medium sized and smaller chains as they emerge from government temporary protections against creditor actions, supported loans and the furlough scheme.

This is a threat to many but an opportunity for others.

In the articles below our experts look into a variety of topics to be borne in mind by retailers or their prospective rescuers to navigate through this new environment.

We hope you find it useful.

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Building Compliance Programs for AI Tools

Artificial Intelligence (“AI”) applications are powerful tools that already have been deployed by companies to improve business performance across the health care, manufacturing, retail, and banking industries, among many others. From largescale AI initiatives to smaller AI vendors, AI tools quickly are becoming a mainstream fixture in many industries and will likely infiltrate many more in the near future.

But are these companies also prepared to defend the use of AI tools should there be compliance issues at a later time? What should companies do before launching AI tools and what should companies do to continue to feel confident about compliance while the AI tools simplify and hopefully improve processes? The improper application of AI tools or the improper operation or outcomes from the AI tools can create new types of enterprise risks. While the use of AI in health care presents many opportunities, the enterprise risks that might arise need to be effectively assessed and managed.

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Illinois Coalition Backs Telehealth Bill Supporting Payment Parity Beyond COVID-19 Pandemic

The Illinois Coalition to Protect Telehealth, a coalition of more than thirty Illinois healthcare providers and patient advocates, announced its support for a bill that would, among other things, establish payment parity for telehealth services and permanently eliminate geographic and facility restrictions beyond the COVID-19 pandemic. Like many states, Illinois issued an executive order at the outset of the pandemic temporarily lifting longstanding barriers to consumer access to telehealth via commercial health plans and Medicaid.[1]  The executive order expanded the definition of telehealth services, loosened geographical restrictions on physician licensing requirements, and barred private insurers from charging copays and deductibles for in-network telehealth visits.

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EEO-1 Reporting for 2019 and 2020 to Close in July 2021

On March 12, 2021, the Equal Employment Opportunity Commission (EEOC) announced that the EEO-1 Component 1 data collection period will open at the end of April 2021 and close in July 2021.  Submission of the EEO-1 Report is required for employers with 100 or more employees, and applicable Federal government contractors with 50 or more employees and contracts of $50,000. The agency has not announced an exact closing date, indicating:

The EEO-1 Component 1 data collection will open at the end of April 2021 and close in July 2021. The exact closing date will be posted when the data collection launches. Employers will be notified of additional details and how to access the online filing system in April.

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Hiring by Algorithm: Legal Issues Presented by the Use of Artificial Intelligence in Sourcing and Selection

Recruiting qualified applicants and hiring top talent have always been time-consuming endeavors that come with constant worry about making a wrong hire. Added to this, the COVID-19 pandemic effectively put a halt to employers’ ability to evaluate applicants in-person. These factors, and others, have led many employers to adopt or to, consider adopting, artificial intelligence (AI) tools to optimize recruitment by introducing efficiencies, reaching a broader pool of applicants, increasing consistency and uniformity in the evaluation of applicants, and, in some cases, helping employers meet diversity, equity, and inclusion goals. Typically, employers opting to use AI, contract with third-party vendors that offer AI-powered algorithms, which perform a variety of functions, such as cognitive assessments, personality tests, and video interviews.

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Video: The American Rescue Plan, OSHA’s New COVID-19 Directive, and NY Mandates COVID-19 Vaccine PTO – Employment Law This Week

As featured in #WorkforceWednesday:  This week, COVID-19 recovery and safety are top of mind as new stimulus funding, an Occupational Safety and Health Administration (“OSHA”) directive, and paid leave requirements are put in place.

Video: YouTubeVimeo.

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Llinks Client Alert – Cybersecurity, Data & Privacy(March 2021)

Legislation
On February 20, 2021, the State Administration for Market Regulation (“SAMR”) and the Standardization Administration issued GB 40050-2021 Security General Requirements on Critical Network Equipment (“Standard”), which is expected to take effect on August 1, 2021. The Standard consists of two parts: security function requirements and security safeguard requirements. Security function requirements include equipment identification security, redundant backup recovery and abnormal detection, vulnerability and malicious program precaution, pre-installed software startup and update security, user identification and authentication, access control security, log audit security, telecommunication security, data security and password requirements. Security safeguard requirements are related to design and development, production and delivery, operation and maintenance stages. Read more…

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