Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and overtime provisions. The United States Supreme Court ruled on January 15, 2025, that the burden of proof on employers should not be heightened and instead the customary preponderance-of-the-evidence standard applies. … Continue Reading
Employment
Join Us at the 13th Annual Utah Fall Employment Seminar
By Jason D. Boren, Charles Frohman & Nima Darouian on
November 13, 2024 | 8:00 AM – 12:00 PM
Please join us for an in-depth half day program focused on core issues and developments in labor and employment law with the greatest impact on Utah employers. Our panelists are Ballard Spahr’s Jason Boren, Charles Frohman, and Nima Darouian. Topics to be announced.… Continue Reading
SEC Announces Settlements with Seven Public Companies for Violations of Exchange Act Whistleblower Protections in Employee and Consulting Agreements
By Charles Frohman, Celia Cohen, Michael Robotti & Ana María Blanco on
The SEC has begun to bring enforcement actions against companies whose employment and client agreements could appear to infringe on the right to report cases in violation of Section 21f-17(a) of the Exchange Act. On September 9, 2024, the Securities and Exchange Commission (SEC) announced that it settled charges against seven public companies for more than $3 million in combined civil penalties for including language in their employment, consulting and other agreements that potentially discourages whistleblowers from reporting issues to outside authorities.… Continue Reading
Colorado Becomes the First State to Enact Broad Restrictions on Using High-Risk Artificial Intelligence Systems to Prevent Algorithmic Discrimination
By Nalee Xiong & Brian D. Pedrow on
Posted in Artificial Intelligence, Employment
On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205, entitled Consumer Protections for Artificial Intelligence, which will become effective on February 1, 2026. The law applies to developers and deployers of high-risk AI systems doing business in Colorado.
Under the statute, “developer” means a person doing business in Colorado that develops or intentionally and substantially modifies an AI system; and “deployer” means a person doing business in Colorado that uses a high-risk AI system. … Continue Reading