Hunton Employment & Labor Perspectives

On October 24, 2024, the Consumer Financial Protection Bureau (CFPB) issued a policy statement (known as a Circular) to explain the link between the Fair Credit Reporting Act (“FCRA”) and employers’ growing use of artificial intelligence to evaluate, rank, and score applicants and employees. 

Late last week, the National Labor Relations Board (“Board” or “NLRB”) issued a decision in Siren Retail Corp. d/b/a Starbucks, 373 NLRB No. 135 (2024), which overruled the nearly 40-year-old decision in Tri-Cast, Inc., 274 NLRB 377 (1985).

Labor and Employment partner Roland Juarez has been recognized as a Leader of Influence: Labor & Employment Attorney in Los Angeles by the Los Angeles Business Journal.

California’s governor signed into law SB 988, which is known as the “Freelance Worker Protection Act.”  SB 988 establishes new contractual protections for freelance workers starting January 1, 2025.

On October 30, 2024, Judge Sim Lake of the U.S. District Court for the Southern District of Texas issued a preliminary injunction, halting the Office of Federal Contract Compliance Programs (“OFCCP”) from proceeding with its administrative action against ABM Industry Groups.

On October 29, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a Freedom of Information Act (FOIA) notice, inviting federal contractors to respond to FOIA requests that the OFCCP received related to federal contractors’ 2021 Type 2 EEO-1 Consolidated Reports.

In an amicus brief filed before the Third Circuit, the EEOC has taken the position that claims of harassment based on gender identity and sexual orientation fall within the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFASASHA”).

Please join Hunton Andrews Kurth’s workplace safety attorneys for a complimentary webinar on Tuesday, October 29.  Our team will provide a complimentary CLE, A Year in Occupational Safety and Health Law - Workplace Violence, Heat, Marijuana, HazCom and More.

HuntonAK’s Labor and Employment practice has been recognized as nationwide leaders by Benchmark Litigation’s 2025 Labor and Employment guide.

“Ban-the-Box” legislation has seen steady growth throughout the country for more than two decades.  Currently, there is no federal legislation on the topic for private employers but a good number of states have limited their ability to inquire about or make decisions based on a prospective employee’s criminal background history.