All posts of Gardner Skelton

What a New Court Decision Means for AI and Confidentiality

AI tools like ChatGPT, Claude, and others can be incredibly useful, and we expect they are only going to become more common in day-to-day business. But there is one area where a lot of caution is warranted right now: putting sensitive information into consumer AI tools. A recent decision out of the Southern District of […]

Resolve Pay Mistakes Fast: How the DOL’s PAID Program Empowers Employers

As an employer, if you know or suspect you are paying employees incorrectly, the Department of Labor’s Wage and Hour Division’s relaunched Payroll Audit Independent Determination program could be a valuable lifeline. The updated program gives employers the opportunity to review their own payroll practices and voluntarily correct specific violations of the Fair Labor Standards […]

NEW RULES ON OVERTIME COMPENSATION AND NONCOMPETITION AGREEMENTS

The Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”) each made critical rule changes last week impacting employers across most industries. First, the DOL announced a new rule raising the salary thresholds for overtime exemptions, which will make millions of employees eligible for overtime pay. Second, the FTC issued its long-awaited final rule […]

BATTLING EMPLOYEE BURNOUT: QUIET QUITTING AND THE GREAT RESIGNATION

Amongst lip-syncing clips and influencer tutorials, the idea of “Quiet Quitting” has recently become a major trend across social media. Quiet Quitting, which is considered a rebellion against “hustle culture,” encourages employees to avoid going above and beyond for their employers and to stick to the bare minimum of their job duties. This trend arises […]

EEOC RELEASES UPDATED “KNOW YOUR RIGHTS” POSTER

On October 20, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new “Know Your Rights: Workplace Discrimination is Illegal” poster, replacing their “EEO is the Law” poster. The new poster includes several changes, including straightforward language and formatting, emphasizing harassment as a form of discrimination, clarifying the definition of sex discrimination, and providing equal […]

GENDER DYSPHORIA NOW PROTECTED UNDER ADA

While the issue of accommodating transgender people is not a new topic – think Orange is the New Black – on August 16, 2022, the Fourth Circuit became the first federal appellate court to consider whether gender dysphoria constitutes a disability under the ADA, and therefore requires reasonable accommodation. In Williams v. Kincaid, the Court […]