HR Update: November 7th, 2023

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California Laws Come into Effect Regarding Off-Duty Marijuana Use

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use. One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other will limit employer actions based on positive marijuana drug tests. Learn More


President Biden Issues Landmark Artificial Intelligence Executive OrderOn October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” to address the growing concerns surrounding the use of artificial intelligence (AI). The 111-page document identifies several areas of concern with the use of AI, including labor, competition, cybersecurity, education, health, and privacy. The order not only calls on federal agencies to work collaboratively, provide more guidance, and conduct training, but it also urges agencies to develop principles and best practices to mitigate the harms and maximize the benefits of AI for workers. Learn More

New Form I-9 Required as of November 1, 2023

The new Form I-9, Employment Eligibility Verification, which was released on August 1, 2023, must be used for all new hires, effective November 1, 2023. The grace period—during which an employer could use the new Form I-9 or the Form I-9 (10/21/2019 version)—ends October 31, 2023. To ensure compliance with the revised Form I-9 and alternative procedure, employers should familiarize themselves with the updated instructions and requirements. Learn More

Second Circuit Further Addresses the Pleading Standard for FLSA Overtime Claims

Nearly a decade ago, the U.S. Court of Appeals for the Second Circuit issued three decisions clarifying and tightening the standard for asserting plausible overtime claims under the Fair Labor Standards Act (FLSA) in the Second Circuit. The Second Circuit further elaborated on the pleading standard for an FLSA overtime claim in a recent decision – Herrera v. Commes Des Garcons et al., No. 22-1962-cv, 2023 WL 6798604 (2d Cir. Oct. 16, 2023) – holding that plaintiffs need only allege they worked unpaid hours over 40 each week they were employed as part of their regularly scheduled workweek to survive dismissal of their complaint. Learn More


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