Using Artificial Intelligence in your Hiring Practices: Possible Violation of the Americans with Disabilities Act

Using Artificial Intelligence in your Hiring Practices: Possible Violation of the Americans with Disabilities Act

You may have heard about the “Great Resignation” recently – the growing trend where employees are resigning in great numbers. Competition between employers is fierce to attract and hire top talent. To expedite this process, employers may opt to use software programs that streamline this process by employing artificial intelligence (“AI”) and algorithms to make staffing decisions.

Four Things to Focus On When Negotiating a Master Services Agreement

Four Things to Focus On When Negotiating a Master Services Agreement

When two businesses enter into a service transaction, they sometimes execute a Master Services Agreement (“MSA”). You can think of an MSA as a “master” contract that establishes the foundations of the parties’ current and future contractual activities. MSAs provide terms that govern each subsequent transaction between the parties—such as payment terms, warranties, dispute resolution, and termination provisions.

Musk’s Bid to Purchase Twitter Highlights the Importance of NDAs

Musk’s Bid to Purchase Twitter Highlights the Importance of NDAs

Even the wealthiest man on earth must contend with non-disclosure agreements. Elon Musk recently made headlines when he offered to purchase Twitter and take the company private for $44 billion. Over the weekend, Musk disclosed that Twitter accused him of violating its NDA when he publicly revealed Twitter’s policies regarding the regulation of bots.

Court Surprisingly Strikes Down California’s Corporate Diversity Statute

Court Surprisingly Strikes Down California’s Corporate Diversity Statute

Diversity programs are commonly implemented in many aspects of our lives these days. So, it is surprising when a court—no less one based in California—strikes down such a program as unconstitutional. But that is exactly what one court recently did when it struck down A.B. 979, a law requiring publicly traded companies based in California to include members from underrepresented communities on their board.

Remote Work = Increase in Reimbursement Liability?

Remote Work = Increase in Reimbursement Liability?

The effects of COVID-19 are being felt in the courtroom. Aggrieved employees are increasingly filing lawsuits against employers demanding reimbursement for work-related expenses arising from remote work during the pandemic. Alleged expenses include, for instance, internet, computer, phone, printer, and electric bills. Businesses, both big and small, have been hit with these lawsuits.

Third Time is the Charm: Cal/OSHA Proposes More Changes to Its COVID-19 Rules

Third Time is the Charm: Cal/OSHA Proposes More Changes to Its COVID-19 Rules

Cal/OSHA is at it again.  A few days ago, Cal/OSHA published proposed revisions to its COVID-19 Emergency Temporary Standards (ETS) rules. (The proposals are available here.) Cal/OSHA will formally vote on whether to adopt the proposed rules on April 21, 2022. If, as expected, these new rules are adopted, employers should know about some of the key anticipated changes.

PAGA: The Cousin to Class Action Lawsuits

PAGA: The Cousin to Class Action Lawsuits

California often makes the news headlines. That is no less so with respect to legal affairs. Just recently, the United States Supreme Court heard a matter that should be of utmost interest to employers in the Golden State. The case, known as Viking River Cruises, Inc. v. Moriana (“Viking River”), concerns a law that has beguiled and harassed California employers since its inception in 2004­—a law known as the Private Attorneys General Act of 2004 (“PAGA”).

Terminating Information Technology Service Agreements

Terminating Information Technology Service Agreements

Many businesses contract with Information Technology Service companies (“ITS”) to help manage their business internally and to also help manage the business with their external customers. ITS companies assist with the design, build, delivery, operation, and control of information technology. Unfortunately, we have found it is often the case that businesses will contract with an ITS company without carefully reviewing the terms and conditions of their service agreements. Further, businesses do not know what they should be looking for or how to redline (revise) such agreements before they execute them. And if these business relationships go sour, businesses are stuck with an agreement that makes it difficult and costly for them to terminate their ITS contract.