A recent flurry of cases interpreting the “transportation worker exemption” expands the scope of the exemption and therefore increases the number of workers to whom the FAA does not apply. As a result, employers that have arbitration agreements with workers who may be considered within the scope of the exemption may want to update their

Quick Hits

  • The DOL is enforcing child labor laws through two key mechanisms: (1) preventing employers from shipping or profiting from “hot goods” and (2) assessing aggregate civil money penalties.
  • An August 2023 DOL field assistance bulletin advises field agents on identifying violations of “oppressive child labor” and applying the “hot goods” provision—on top of

Quick Hits

  • With Governor Jared Polis’s signing into law SB 24-205, Colorado becomes the first U.S. state to enact comprehensive legislation regulating the use and development of AI systems.
  • The law addresses, among other things, the risk of algorithmic discrimination “arising from the intended and contracted uses of … high-risk artificial intelligence system[s].”
  • The Colorado

Quick Hits

  • OSHA may look to the National Fire Protection Association’s new electrical equipment maintenance standard for interpretation of agency standards and requirements.
  • The standard, NFPA 70B, requires development of a safety program addressing maintenance, inspections, servicing, and testing of electrical equipment.
  • Employers can expect OSHA to begin relying on NFPA 70B as an industry

Quick Hits

  • OFCCP released its first detailed guidance on federal contractors’ use of AI and automated systems.
  • The guidance instructs federal contractors to routinely monitor whether AI and automated systems have a disparate or adverse impact on protected groups and take actions to reduce those impacts or use different tools.
  • The guidance further clarifies that

Quick Hits

  • The Supreme Court held that Section 3 of the FAA requires federal courts to grant stays of lawsuits after claims are sent to arbitration, if a stay is requested.
  • The ruling resolves a 6–4 circuit split regarding whether federal district courts must stay lawsuits pending arbitration or whether they have discretion to dismiss

Quick Hits

  • The New Jersey Supreme Court invalidated part of an otherwise valid settlement agreement because the agreement contained a “non-disparagement provision,” the scope of which the court found “would bar individuals from describing an employer’s discriminatory conduct” in violation of NJLAD.
  • The court held that the non-disparagement provision was broad enough to violate the

Quick Hits

  • The Oregon Bureau of Labor and Industries issued a temporary administrative order addressing the fact that some employers will have approved employees take OFLA leave for reasons that, as of July 1, 2024, will no longer qualify for OFLA leave but will qualify for Paid Leave Oregon.
  • Employers must notify employees no later

Quick Hits

  • With the upcoming Summer Olympics and D-Day celebrations, individuals planning to obtain a visa in Paris should anticipate scheduling delays and plan ahead.
  • Increased demand for consular services, combined with agency closures and strained resources, are anticipated to contribute to longer wait times for visa appointments in neighboring countries and across Europe.

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