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Punching In: Pay Data, Overtime, and Artificial Intelligence
“I look forward to using my decades of experience in employment law to conduct the litigation of the EEOC.” Does that mean Gustafson plans to strap on a leather vest and swing a heavy metal chain around the halls of EEOC headquarters like an extra from “The Warriors?” We’ll be keeping an eye on new litigation out of the agency in the coming months for signs of where she may be looking to take the fight.
Lipnic, who has long opposed the data collection as overly burdensome on companies, was saying what most who have been following the case already knew: It’s too late to put the genie back in the bottle, at least for now.
The EEOC’s former acting boss said at a recent conference that the agency should conduct “an honest assessment of what we learn from the data” to determine if it is worth the trouble for employers.
That sounds like something that could take some time, meaning that companies might want to be prepared to provide more data if a second round of pay collection starts early next year.
Workers’ rights attorneys are now cracking their knuckles in anticipation of reading the final rule the moment it’s out so they can begin tailoring their legal arguments and find the proper plaintiffs and jurisdiction to bring a suit challenging the regulation.
I’m told to expect the final rule to not make any dramatic changes from the proposal—roughly $35,000 per year will still be the salary threshold for overtime access, at least unless the White House swoops in with a major late-stage update.
The comments were critical because to bring a successful administrative lawsuit, the plaintiffs might have to prove the department’s final rule failed to address issues raised in the comment letters.
Here’s one lingering question as we wait for the rule drop: Is this surprising five-month gap from the proposed rule’s release to White House transmission a positive or negative for those who want to invalidate it in court and restore the Obama salary threshold?
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— Scalia helped one of the nation’s largest retailers overturn a Maryland law mandating minimum contributions by big employers for workers’ healthcare, represented SeaWorld against alleged workplace safety allegations after a trainer was killed by an orca, and defended Boeing against a labor union lawsuit.
Knowledge Is Power: NY Commission to Examine Artificial Intelligence, Robots, and Automation New York Governor Andrew Cuomo recently announced the creation of the New York State Artificial Intelligence, Robotics and Automation Commission (the “Commission”), a new group charged with studying the potential economic impact of those technologies, reviewing how other states are handling them, and examining how New York can “best utilize and regulate them as necessary.” Cuomo stated: Artificial intelligence and automation are already having a profound impact across many industries and their influence keeps growing, so it’s critical that we do everything in our power to understand their capabilities and potential pitfalls.
This new commission will look closely at how these rapidly evolving technologies are functioning and report back on how we can optimize use to benefit New Yorkers and our economy.The Commission will be comprised of 13 members — to be selected by the governor, state legislature, and the university systems of New York State and New York City — and is slated to report its findings and recommendations to the governor and legislative leaders at the end of 2020.
Marijuana At Work: New Jersey Expands Employment Protections for Cannabis Users The New Jersey medical marijuana program now includes explicit protections for employees and job applicants who use medical cannabis: (i) prohibiting employers from taking adverse employment actions — such as firing, not hiring, requiring retirement, or discriminating against an individual — solely because an individual is a registered qualifying medical cannabis patient;
Employers are still able to fire an employee for use or possession of the drug during work hours, for example, and are not required to accommodate off-hours use if it would cause the employer to be in violation of federal law or lose a federal licensing-related benefit, federal contract, or federal funding (federal law continues to restrict the sale and use of marijuana in all forms).
Unfortunately, Not Everyone Will be Able to Climb the Skillset Ladder
New AI systems have beyond-human cognitive abilities, which many of us fear could potentially dehumanize the future of work.
However, by automating these skills, AI will push human professionals up the skillset ladder into uniquely human skills such as creativity, social abilities, empathy, and sense-making, which machines cannot automate.
Robotic dystopias, where robots replace humans or even rise up against humans, are a recurrent topic in popular culture and innumerable science fiction movies.
In fact, many of us can easily imagine a dystopian workplace in the near future where robots are taking control of most activities or decisions, and where human interactions or feelings do not matter much.
Apart from traditional manufacturing automation, new and more capable artificially intelligent systems are appearing in fields ranging from self-driving cars to automated supermarket check-outs and customer service bots.
But will AI make really the workplace a colder place ruled by brute intelligence without empathy or interpersonal skills, and eventually lead to net job destruction?
For example, a software developer requires multiple skills ranging from coding and testing software to understanding clients’ needs and supervising junior developers.
We can group human skills in three broad categories depending on their readiness for automation: AI will impact each one of these three categories of skills in a different degree.
Machines are much better than humans in deterministic tasks involving process-oriented and quantitative reasoning skills, but humans are far better in more ambiguous cross-functional reasoning skills tasks.
For example, as supermarkets and stores are introducing self-checkout systems, human cashiers are becoming checkout assistants, who answer customers’ questions and troubleshoot or supervise the check-out machines.
This human-machine collaboration will create a large number of new jobs which leverage mainly quantitative reasoning skills as well as knowledge of specific digital and AI technologies.
These are some of the possible new jobs: By automating process-oriented and quantitative skills, AI will push us up the skillset ladder into the cross-functional reasoning skills, including creativity and social abilities, which make us uniquely human.
By freeing employees from these other tasks, AI will allow them to be more empathetic, to focus on creativity, customer experience, employee engagement, workplace culture, social skills, and emotional intelligence.
Higher employee satisfaction, more creativity, more free time, reduced employee churn, and increased customer satisfaction will be some of the positive consequences of AI in the workplace.
number of jobs focused on cross-functional reasoning skills are already emerging: By automating process-oriented and quantitative skills, AI will push us up the skillset ladder into the cross-functional reasoning skills, which make us uniquely human.
These include, for example, tax preparers, radiologists, lawyers, translators, loan underwriters, insurance adjusters, financial analysts, and even journalists or software-engineers.
Executive marketing professional with over 15 years of global experience in data-driven marketing, digital businesses, analytics, and AI, spanning across technology, telecom, and financial services.
Gifted in creating and coaching high-performing teams of marketing specialists, data scientists and digital developers across multiple countries and cultures.
Parker-Stanford, May 2018 “No-collar workforce: Humans and machines in one loop — collaborating in roles and new talent models”, Jeff Schwartz and Sharon Chand, Deloitte, Dec 2017 “AI will make us more human, shattering the glass ceiling of productivity”, Dr. Chris Brauer, IpSoft, Jan 2017 “Blue or white collar?
- On Thursday, June 4, 2020
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