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Publications
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01.16.2024 (UPDATED 1.18.2024)Five Questions Companies Are Asking About DOL's New Independent Contractor RuleUpdatesThe U.S. Department of Labor published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act to determine whether a worker is an employee or independent contractor.
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12.27.2023Update: The Growing Regulation of AI-Based Employment Decision ToolsPodcastsIncreasing adoption of video and automated technology, such as artificial intelligence (AI), in employment practices has prompted regulatory efforts.
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09.19.2023The Growing Regulation of AI-Based Employment Decision ToolsArticlesThe growing use of video and automated technology, including artificial intelligence, in employment practices—and the concern that the technology may foster bias—has triggered a wide array of regulatory efforts.
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08.22.2023Update: Race-Related Hair Discrimination Is Now Prohibited in TexasPodcastsA new law recently went into effect in the State of Texas called the Texas CROWN Act, which prohibits employers, labor unions, and employment agencies from discriminating against Texas employees because of hairstyles associated with race.
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08.14.2023Update: New EEOC Guidance Clarifies Employer Responsibility for Discrimination in AI Employment ToolsPodcastsEmployers are increasingly utilizing artificial intelligence (AI) tools supplied by third-party vendors.
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06.07.2023Race-Related Hair Discrimination Is Now Prohibited in TexasUpdates
The Texas CROWN Act, effective September 1, 2023, prohibits employers, labor unions, and employment agencies from discriminating against Texas employees because of hairstyles associated with race. Employers in the state should take appropriate steps to review and update their employee handbooks and hiring, grooming, and dress code policies.
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05.31.2023New EEOC Guidance Clarifies Employer Responsibility for Discrimination in AI Employment ToolsUpdatesThe Equal Employment Opportunity Commission provided guidance indicating that, in its view, employers are generally liable for the outcomes of using selection tools to make employment decisions.
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02.17.2023How AI and Automated Systems Use Can Lead to Discrimination in HiringUpdatesThe National Institute of Standards and Technology, the White House, and the Equal Employment Opportunity Commission are warning companies that uncritical reliance on AI can have legal consequences, including potentially building in bias that can lead to claims of employment discrimination.
Presentations
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10.17.2023How HR Technology Can Lead to Employment DiscriminationSpeaking EngagementsHR Southwest Conference / Dallas, TX
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10.13.2023AI and Technology Implications in Employment & Healthcare LawSpeaking EngagementsPanelist
Annual Law and Technology Summit / Durham, NC -
04.14.2023How Technology Can Lead to Employment Discrimination ClaimsSpeaking EngagementsCivil Rights In A Technology Dominated Era
North Carolina Central Law Review & The Science & Intellectual Property Law Review / Durham, NC
