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Employment News, Updates, and Insights from ES Law | | |
ES Law Delivers Employment News Straight To Your Inbox | In this edition, we cover key topics impacting the workplace. We explore recent regulations on employee classification, delve into reasonable accommodations for disabilities, and discuss the transformative role of AI in productivity, addressing associated risks. Additionally, we analyze legislative updates on non-compete clauses, discrimination, and paid leave. | | |
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Nebraska Legislature: Updates For Employers
Stay informed on legislative updates impacting your workplace. Bill 961 proposes to ban non-compete clauses for lower-wage employees, possibly prompting adjustments in safeguarding sensitive information and talent retention strategies. Bill 977 aims to prevent discrimination based on military and veteran status, empowering local agencies to address claims and enforce penalties. Meanwhile, Bill LB1213 mandates annual paid leave for school-related activities, promoting parental involvement in education. These developments underscore the importance of staying abreast of regulatory changes and adapting HR practices accordingly.
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THE GROWING USE OF AI: The Benefits and Risks Employers Should Consider.
Advancements in technology, particularly in computer systems and artificial intelligence (AI), have significantly enhanced workplace productivity. AI, such as Chat GPT, simulates human intelligence and is increasingly utilized in various job functions, from writing reports to analyzing data and responding to customer inquiries. However, while AI offers numerous benefits, it also poses risks, including biases, privacy concerns, and the potential for misinformation. Elon Musk has raised concerns about unchecked AI development, advocating for safeguards to prevent AI from surpassing human intelligence and to mitigate potential risks. Employers must address these risks by implementing clear guidelines and training for employees on the appropriate use of AI, balancing its benefits with potential drawbacks and protecting against legal and reputational harm.
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WHAT IS A “REASONABLE” ACCOMMODATION UNDER THE ADA
Employers with over 15 employees are mandated to offer reasonable accommodations for qualified individuals with disabilities, but determining what constitutes "reasonable" can be challenging. Reasonable accommodations can range from adjustments to the job application process to modifications in the work environment or benefits. However, accommodations need not eliminate essential job functions, lower production standards, or provide personal use items. The feasibility and practicality of accommodations are evaluated on a case-by-case basis, considering factors like cost, company size, and resources. Work-from-home arrangements have gained popularity, especially amid the COVID-19 pandemic, and can be considered a reasonable accommodation if it aligns with job requirements and the employee's disability. Employers should engage in an interactive process with employees to find suitable accommodations tailored to individual circumstances, ensuring both parties' needs are met effectively.
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What Makes an Independent Contractor?
The United States Department of Labor has recently issued a final rule regarding the classification of employees versus independent contractors under the Fair Labor Standards Act (FLSA), effective March 11, 2024. This rule replaces the previous 2021 rule and emphasizes a totality-of-the-circumstances approach, considering six key factors to determine economic dependence. These factors include opportunity for profit or loss, investments by the worker, permanence of the work relationship, degree of control, integration of work into the employer's business, and the worker's skill and initiative. Businesses relying on independent contractors should review their relationships and agreements to ensure compliance with the new rule. For more information and guidance, businesses and workers can refer to resources provided by the Department of Labor, including FAQs and a Small Entity Compliance Guide on their website.
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Thank you for staying connected with our legal employment newsletter! As we conclude this edition, we're thrilled to offer you a glimpse into the exciting topics lined up for our upcoming releases. Brace yourself for insightful discussions on Understanding Workplace Harassment and Discrimination, Trends in Workplace Technology and Privacy, Employer Liability in the Age of Social Media, and Navigating Diversity, Equity, and Inclusion Initiatives. Stay informed with our insights and updates on effectively navigating today's employment landscape | |
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