Compliance Stuff

Key Takeaways from the November 2025 Webinar   Artificial Intelligence (AI) is rapidly transforming every stage of the employment cycle —from recruiting and selection assessments to performance management and workplace safety and employee monitoring. In a recent  expert panel webinar , Berkshire brought together a lawyer, a labor economist, and an industrial organization psychologist to discuss practical strategies to ensure defensibility and compliance as employers navigate the evolving regulatory landscape for AI tools in HR.   Below, we summarize the core discussion points and share actionable recommendations for employers considering or currently implementing AI in their employment processes.   Foundational Legal Considerations Existing Federal Laws Apply:   AI tools used in employment decisions are covered by long-standing federal anti-discrimination statutes (Title VII, ADEA, ADA), not just...

We’ve all heard the horror stories. A job seeker spends hours tailoring his resume, finally hits “submit,” and within seconds receives a rejection email in his inbox. Clearly, no human could have actually reviewed the resume. The applicant wasn’t rejected by a person; he was rejected by a pattern-matching algorithm. The “ No Robot Bosses Act ” could curtail these scenarios. The bill has bipartisan support in Congress, having been co-sponsored by Democrats Suzanne Bonamici of Oregon and Christopher Deluzio of Pennsylvania, and the Republican Delegate from Guam, James Moylan. The core premise of the proposed No Robot Bosses Act?  Employers would be prohibited from relying exclusively on automated decision systems to make employment-related decisions , including whether to hire or fire. Under the proposed law, an “automated decision system” is defined broadly as follows: a system, software, or process that . . . uses computation, in whole or in part, to determine outcomes, make or aid...

Pennsylvania just became the latest state to enact hair-based antidiscrimination protections in the workplace and beyond, and employers must get familiar with new rules before they take effect in January. We’ll answer your top questions and offer practical steps you should consider taking now to ensure compliance and avoid potential litigation. What is the CROWN Act? Gov. Josh Shapiro signed a bill ( HB 439 ) into law on November 25 known the Creating a Respectful and Open World for Natural Hair (CROWN) Act . The new law amends the Pennsylvania Human Relations Act (PHRA) – which applies to employers with at least four employees in the state (subject to limited exceptions) – to explicitly ban discrimination based on an individual’s hair type or style if it is historically tied to their race or religion. What’s the larger context? More than half the states across the US have enacted their own versions of the CROWN Act, and similar protections have been in place for years in pockets of P...

The longest federal government shutdown in U.S. history has ended, and employers must now refocus their attention on agency actions and compliance priorities that may have resumed or accelerated. After 43 days of near-total inactivity, key labor and employment agencies, including the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), and National Labor Relations Board (NLRB), are back online and poised to clear massive backlogs. This means a surge in enforcement activity, renewed regulatory initiatives, and heightened scrutiny across multiple fronts.  Why the Crunch Matters During the shutdown, most non-essential agency functions were suspended. EEOC investigations stalled, and mediations and investigative conferences were canceled . The DOL halted wage and hour audits, classification reviews, and technical assistance, while the NLRB postponed union elections and representation hearings. Although deadlines for certain filings were tolled (temporarily suspen...

New Hampshire employees will ring in the new year with several new workplace protections and leave rights – and employers should be ready to comply. Starting January 1, new laws will go into effect broadening protections for military families, establishing unpaid newborn leave entitlements, and expanding veteran hiring preference practices. Employers should review and update handbooks, policies, and internal procedures now to stay ahead of the game. Here’s what you need to know about these new rules and how to prepare. Unpaid Childbirth-Related Leave (HB 2) New Hampshire has introduced a new category of unpaid, job-protected childbirth and pediatric appointment leave for employers with 20 or more employees. Compared to job-protected leave requirements under the FMLA, this law applies to smaller businesses and does not have a minimum service requirement. HB2 allows employees to take up to 25 hours of unpaid leave within the first year following a child’s birth or adoption to attend me...

On January 2, 2025, former President Joe Biden signed the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Dole Act) into law. The bill was named in honor of Senator Elizabeth Dole, who has a long history of advocating for veterans and their families alongside her husband, now deceased Senator Bob Dole, who lost the use of his right hand while serving in World War II and famously held a pen in public to avoid shaking hands. The Dole Act significantly bolsters the protections provided by the Uniformed Services Employment and Reemployment Rights Act (USERRA) to veterans and service members as well as providing other benefits. These benefits include several significant changes which impact employers whose workforces include veterans and service members. Quick Hits The Dole Act provides minimum liquidated damage awards of $50,000 for certain USERRA violations and mandates awards for attorneys’ fees for successful USERRA plaintiffs. The Dole Act expands...