Insights

“We always overestimate the change that will occur in the next two years and underestimate the change that will occur in the next 10.” These wise words from Bill Gates remind us not to let ourselves be “lulled into inaction.” This sentiment rings especially true when considering the transformative potential of artificial intelligence (AI) in the business world.

In the wake of the U.S. Supreme Court’s momentous ruling this summer on the use of affirmative action in college admissions, many companies may wonder what it means for their affirmative action and Diversity, Equity and Inclusion (DEI) programs. At the moment, from a purely legal perspective, the answer is nothing directly.

On August 2, 2023, the current version of the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc. and Teamsters Local 628 (Stericycle) that again shifts its position on employer work rules or other policies and the impact such rules/policies have on employee rights under Section 7 of the National Labor Relations Act (NLRA). The new standard gives greater weight to employees’ Section 7 rights than did previous rules.

[Updated Monday, August 7, 2023]

The U.S. Citizenship and Immigration Service (USCIS) has announced that employers must use new Form I-9 (Rev. 08/01/23) (the “New Form I-9”) by November 1, 2023. USCIS also has issued a new rule that permits employers to use an alternative documentation verification process for employees working remotely.

The U.S. Supreme Court last month clarified the standard for when an employee’s request for a religious accommodation imposed an “undue hardship” on an employer.  Before this most recent decision (Groff v. Dejoy), employers could deny a religious accommodation that would pose an “undue hardship” by showing that the accommodation would impose “more than a de minimis cost.” Employers will now be required to show that the accommodation requested will result in substantially increased costs in the overall context of an employer’s business.