business and education schedule · virtual meeting august 2, 2020 business and education schedule...

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The 47 th Annual Meeting of the National Conference of Appellate Court Clerks Virtual Meeting August 2, 2020 Business and Education Schedule 60 min. 11:00 a.m. 12:30 p.m. Roll Call of the States, Conference Welcome and Business Meeting Laura Roy, President, National Conference of Appellate Court Clerks; Clerk, Missouri Court of Appeals Eastern District 12:30 p.m. 12:45 p.m. Break 90 min. 12:45 p.m.2::15 p.m. Courts of the Future A futuristic look at the judicial system which includes computers deciding cases, virtual trials, and greater use of artificial intelligence Opperman Speaker, Gary Marchant, Regents’ Professor and Lincoln Professor of Emerging Technologies, Law & Ethics, and Faculty Director of the Center for Law, Science & Innovation, at the Sandra Day O’Connor College of Law, Arizona State University 2:15 p.m. 2:20 p.m. Break 60 Min. 2:20 p.m. 3:20p.m. Palm Beach County Robots - Use of Artificial Intelligence Document Review and ethical ramifications of its use. Cynthia M. Guerra, Clerk and Comptroller, Palm Beach County, FL and Tom, Hall. J.D., TLH Consulting Group 3:20 p.m. 3:30 p.m. Break 60 Min 3:30 p.m. 4:30 p.m. Labor & Employment Law Update - Pandemics, Marijuana, and Trends … Oh, My! Chris Weller, JD. Educational Session Business Meeting

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Page 1: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

The 47th Annual Meeting of the National Conference of Appellate Court Clerks

Virtual Meeting August 2 2020

Business and Education Schedule

60 min 1100 am ndash

1230 pm

Roll Call of the States Conference Welcome and Business Meeting

Laura Roy President National Conference of Appellate Court Clerks Clerk Missouri Court of Appeals ndash Eastern District

1230 pm ndash

1245 pm Break

90 min 1245 pmndash 215 pm

Courts of the Future ndash A futuristic look at the judicial system which includes computers deciding cases virtual trials and greater use of artificial intelligence

Opperman Speaker

Gary Marchant Regentsrsquo Professor and Lincoln Professor of Emerging Technologies Law amp Ethics and Faculty Director of the Center for Law Science amp Innovation at the Sandra Day OrsquoConnor College of Law Arizona State University

215 pm ndash 220 pm Break

60 Min 220 pm ndash 320pm

Palm Beach County Robots - Use of Artificial Intelligence Document Review and ethical ramifications of its use

Cynthia M Guerra Clerk and Comptroller Palm Beach County FL and Tom Hall JD TLH Consulting Group

320 pm ndash 330 pm Break

60 Min 330 pm ndash 430 pm

Labor amp Employment Law Update - Pandemics Marijuana and Trends hellip Oh My

Chris Weller JD

Educational

Session

Business Meeting

The 47th Annual Meeting of the National Conference of Appellate Court Clerks

Virtual Education Sessions August 2 2020

1 Courts of the Future

Sunday August 2 2020 1245 pm ndash 215 pm

2 Palm Beach County Robots Sunday August 2 2020 220 pm ndash 320 pm

3 Labor amp Employment Law Update Sunday August 2 2020 330 pm ndash 430pm

Courts of the Future 47thAnnual

Meeting of the

National

Conference of

Appellate Court

Clerks

August 2 2020

Gary E Marchant JD PhD Garymarchantasuedu

Gary Marchant serves as the Regentsrsquo Professor and Lincoln Professor of Emerging

Technologies Law amp Ethics and Faculty Director of the Center for Law Science amp Innovation

at the Sandra Day OrsquoConnor College of Law Arizona State University (ASU) He is also a

Distinguished Sustainability Scientist in the Global Institute of Sustainability and Professor in

the School of Life Sciences at ASU

He teaches researches and speaks about the governance of a variety of emerging technologies

including biotechnology genomics neuroscience nanotechnology artificial intelligence and

blockchain Prior to joining the College faculty in 1999 Professor Marchant was a partner at the

Washington DC office of Kirkland amp Ellis where his practice focused on environmental and

administrative law He received his JD from Harvard Law School where he was awarded the

Fay Diploma (awarded to top graduating student at Harvard Law School) He also has a PhD in

genetics from the University of British Columbia and a Masters of Public Policy from the

Kennedy School of Government

Professor Marchant frequently lectures about the intersection of law and science at national and

international conferences including speaking at over 75 judicial conferences He has authored

more than 200 articles and book chapters on various issues relating to emerging technologies

Among other activities he has served on six National Academy of Sciences committees has

been the principal investigator on several major grants and has organized over 50 academic

conferences and workshops on law and science issues including the annual Governance of

Emerging Technologies and Sciences (GETS) conference held every May in Phoenix He is

currently the PI on a grant looking at the use of ldquosoft lawrdquo to govern artificial intelligence He

is an elected lifetime member of the American Law Institute and Fellow of the Association for

the Advancement of Science

Courts of the Future

47th Annual Meeting of the National Conference of Appellate Court Clerks

August 2 2020

Gary E Marchant JD PhDGarymarchantasuedu

Changeldquo[P]oliticians ndash and judges for that matter ndashshould be wary of the assumption that the future will be little more than an extension of things as they arerdquo

- from Jeffery Rosen Roberts v The Future NY Times Aug 28 2005

Chief Justice Roberts

Technology Revolutions of the 20th Century

1991 Radio Shack Ad

httpwwwtrendingbuffalocom

To buy all these products would cost $305482 in

1991 dollars

Exponential Change

ldquoAn analysis of the history of technology shows that technological change is exponential contrary to the common-sense lsquointuitive linearrsquo view So we wonrsquot experience 100 years of progress in the 21st century ndashit will be more like 20000 years of progress (at todayrsquos rate)rdquo ndash Ray Kurzweil

City of Ontario v Quon (2010)(Justice Kennedy) ldquoThe Court must proceed with care when considering the

whole concept of privacy expectations in communications made on electronic equipment owned by a government employer The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clearhellip Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence and extent of privacy expectations enjoyed by employees when using employer-provided communication deviceshellip A broad holding concerning employeesrsquo privacy expectations visndashagrave-vis employer-provided technological equipment might have implications for future cases that cannot be predicted It is preferable to dispose of this case on narrower groundsrdquo

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 2: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

The 47th Annual Meeting of the National Conference of Appellate Court Clerks

Virtual Education Sessions August 2 2020

1 Courts of the Future

Sunday August 2 2020 1245 pm ndash 215 pm

2 Palm Beach County Robots Sunday August 2 2020 220 pm ndash 320 pm

3 Labor amp Employment Law Update Sunday August 2 2020 330 pm ndash 430pm

Courts of the Future 47thAnnual

Meeting of the

National

Conference of

Appellate Court

Clerks

August 2 2020

Gary E Marchant JD PhD Garymarchantasuedu

Gary Marchant serves as the Regentsrsquo Professor and Lincoln Professor of Emerging

Technologies Law amp Ethics and Faculty Director of the Center for Law Science amp Innovation

at the Sandra Day OrsquoConnor College of Law Arizona State University (ASU) He is also a

Distinguished Sustainability Scientist in the Global Institute of Sustainability and Professor in

the School of Life Sciences at ASU

He teaches researches and speaks about the governance of a variety of emerging technologies

including biotechnology genomics neuroscience nanotechnology artificial intelligence and

blockchain Prior to joining the College faculty in 1999 Professor Marchant was a partner at the

Washington DC office of Kirkland amp Ellis where his practice focused on environmental and

administrative law He received his JD from Harvard Law School where he was awarded the

Fay Diploma (awarded to top graduating student at Harvard Law School) He also has a PhD in

genetics from the University of British Columbia and a Masters of Public Policy from the

Kennedy School of Government

Professor Marchant frequently lectures about the intersection of law and science at national and

international conferences including speaking at over 75 judicial conferences He has authored

more than 200 articles and book chapters on various issues relating to emerging technologies

Among other activities he has served on six National Academy of Sciences committees has

been the principal investigator on several major grants and has organized over 50 academic

conferences and workshops on law and science issues including the annual Governance of

Emerging Technologies and Sciences (GETS) conference held every May in Phoenix He is

currently the PI on a grant looking at the use of ldquosoft lawrdquo to govern artificial intelligence He

is an elected lifetime member of the American Law Institute and Fellow of the Association for

the Advancement of Science

Courts of the Future

47th Annual Meeting of the National Conference of Appellate Court Clerks

August 2 2020

Gary E Marchant JD PhDGarymarchantasuedu

Changeldquo[P]oliticians ndash and judges for that matter ndashshould be wary of the assumption that the future will be little more than an extension of things as they arerdquo

- from Jeffery Rosen Roberts v The Future NY Times Aug 28 2005

Chief Justice Roberts

Technology Revolutions of the 20th Century

1991 Radio Shack Ad

httpwwwtrendingbuffalocom

To buy all these products would cost $305482 in

1991 dollars

Exponential Change

ldquoAn analysis of the history of technology shows that technological change is exponential contrary to the common-sense lsquointuitive linearrsquo view So we wonrsquot experience 100 years of progress in the 21st century ndashit will be more like 20000 years of progress (at todayrsquos rate)rdquo ndash Ray Kurzweil

City of Ontario v Quon (2010)(Justice Kennedy) ldquoThe Court must proceed with care when considering the

whole concept of privacy expectations in communications made on electronic equipment owned by a government employer The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clearhellip Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence and extent of privacy expectations enjoyed by employees when using employer-provided communication deviceshellip A broad holding concerning employeesrsquo privacy expectations visndashagrave-vis employer-provided technological equipment might have implications for future cases that cannot be predicted It is preferable to dispose of this case on narrower groundsrdquo

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 3: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Courts of the Future 47thAnnual

Meeting of the

National

Conference of

Appellate Court

Clerks

August 2 2020

Gary E Marchant JD PhD Garymarchantasuedu

Gary Marchant serves as the Regentsrsquo Professor and Lincoln Professor of Emerging

Technologies Law amp Ethics and Faculty Director of the Center for Law Science amp Innovation

at the Sandra Day OrsquoConnor College of Law Arizona State University (ASU) He is also a

Distinguished Sustainability Scientist in the Global Institute of Sustainability and Professor in

the School of Life Sciences at ASU

He teaches researches and speaks about the governance of a variety of emerging technologies

including biotechnology genomics neuroscience nanotechnology artificial intelligence and

blockchain Prior to joining the College faculty in 1999 Professor Marchant was a partner at the

Washington DC office of Kirkland amp Ellis where his practice focused on environmental and

administrative law He received his JD from Harvard Law School where he was awarded the

Fay Diploma (awarded to top graduating student at Harvard Law School) He also has a PhD in

genetics from the University of British Columbia and a Masters of Public Policy from the

Kennedy School of Government

Professor Marchant frequently lectures about the intersection of law and science at national and

international conferences including speaking at over 75 judicial conferences He has authored

more than 200 articles and book chapters on various issues relating to emerging technologies

Among other activities he has served on six National Academy of Sciences committees has

been the principal investigator on several major grants and has organized over 50 academic

conferences and workshops on law and science issues including the annual Governance of

Emerging Technologies and Sciences (GETS) conference held every May in Phoenix He is

currently the PI on a grant looking at the use of ldquosoft lawrdquo to govern artificial intelligence He

is an elected lifetime member of the American Law Institute and Fellow of the Association for

the Advancement of Science

Courts of the Future

47th Annual Meeting of the National Conference of Appellate Court Clerks

August 2 2020

Gary E Marchant JD PhDGarymarchantasuedu

Changeldquo[P]oliticians ndash and judges for that matter ndashshould be wary of the assumption that the future will be little more than an extension of things as they arerdquo

- from Jeffery Rosen Roberts v The Future NY Times Aug 28 2005

Chief Justice Roberts

Technology Revolutions of the 20th Century

1991 Radio Shack Ad

httpwwwtrendingbuffalocom

To buy all these products would cost $305482 in

1991 dollars

Exponential Change

ldquoAn analysis of the history of technology shows that technological change is exponential contrary to the common-sense lsquointuitive linearrsquo view So we wonrsquot experience 100 years of progress in the 21st century ndashit will be more like 20000 years of progress (at todayrsquos rate)rdquo ndash Ray Kurzweil

City of Ontario v Quon (2010)(Justice Kennedy) ldquoThe Court must proceed with care when considering the

whole concept of privacy expectations in communications made on electronic equipment owned by a government employer The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clearhellip Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence and extent of privacy expectations enjoyed by employees when using employer-provided communication deviceshellip A broad holding concerning employeesrsquo privacy expectations visndashagrave-vis employer-provided technological equipment might have implications for future cases that cannot be predicted It is preferable to dispose of this case on narrower groundsrdquo

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 4: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Gary Marchant serves as the Regentsrsquo Professor and Lincoln Professor of Emerging

Technologies Law amp Ethics and Faculty Director of the Center for Law Science amp Innovation

at the Sandra Day OrsquoConnor College of Law Arizona State University (ASU) He is also a

Distinguished Sustainability Scientist in the Global Institute of Sustainability and Professor in

the School of Life Sciences at ASU

He teaches researches and speaks about the governance of a variety of emerging technologies

including biotechnology genomics neuroscience nanotechnology artificial intelligence and

blockchain Prior to joining the College faculty in 1999 Professor Marchant was a partner at the

Washington DC office of Kirkland amp Ellis where his practice focused on environmental and

administrative law He received his JD from Harvard Law School where he was awarded the

Fay Diploma (awarded to top graduating student at Harvard Law School) He also has a PhD in

genetics from the University of British Columbia and a Masters of Public Policy from the

Kennedy School of Government

Professor Marchant frequently lectures about the intersection of law and science at national and

international conferences including speaking at over 75 judicial conferences He has authored

more than 200 articles and book chapters on various issues relating to emerging technologies

Among other activities he has served on six National Academy of Sciences committees has

been the principal investigator on several major grants and has organized over 50 academic

conferences and workshops on law and science issues including the annual Governance of

Emerging Technologies and Sciences (GETS) conference held every May in Phoenix He is

currently the PI on a grant looking at the use of ldquosoft lawrdquo to govern artificial intelligence He

is an elected lifetime member of the American Law Institute and Fellow of the Association for

the Advancement of Science

Courts of the Future

47th Annual Meeting of the National Conference of Appellate Court Clerks

August 2 2020

Gary E Marchant JD PhDGarymarchantasuedu

Changeldquo[P]oliticians ndash and judges for that matter ndashshould be wary of the assumption that the future will be little more than an extension of things as they arerdquo

- from Jeffery Rosen Roberts v The Future NY Times Aug 28 2005

Chief Justice Roberts

Technology Revolutions of the 20th Century

1991 Radio Shack Ad

httpwwwtrendingbuffalocom

To buy all these products would cost $305482 in

1991 dollars

Exponential Change

ldquoAn analysis of the history of technology shows that technological change is exponential contrary to the common-sense lsquointuitive linearrsquo view So we wonrsquot experience 100 years of progress in the 21st century ndashit will be more like 20000 years of progress (at todayrsquos rate)rdquo ndash Ray Kurzweil

City of Ontario v Quon (2010)(Justice Kennedy) ldquoThe Court must proceed with care when considering the

whole concept of privacy expectations in communications made on electronic equipment owned by a government employer The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clearhellip Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence and extent of privacy expectations enjoyed by employees when using employer-provided communication deviceshellip A broad holding concerning employeesrsquo privacy expectations visndashagrave-vis employer-provided technological equipment might have implications for future cases that cannot be predicted It is preferable to dispose of this case on narrower groundsrdquo

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 5: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Courts of the Future

47th Annual Meeting of the National Conference of Appellate Court Clerks

August 2 2020

Gary E Marchant JD PhDGarymarchantasuedu

Changeldquo[P]oliticians ndash and judges for that matter ndashshould be wary of the assumption that the future will be little more than an extension of things as they arerdquo

- from Jeffery Rosen Roberts v The Future NY Times Aug 28 2005

Chief Justice Roberts

Technology Revolutions of the 20th Century

1991 Radio Shack Ad

httpwwwtrendingbuffalocom

To buy all these products would cost $305482 in

1991 dollars

Exponential Change

ldquoAn analysis of the history of technology shows that technological change is exponential contrary to the common-sense lsquointuitive linearrsquo view So we wonrsquot experience 100 years of progress in the 21st century ndashit will be more like 20000 years of progress (at todayrsquos rate)rdquo ndash Ray Kurzweil

City of Ontario v Quon (2010)(Justice Kennedy) ldquoThe Court must proceed with care when considering the

whole concept of privacy expectations in communications made on electronic equipment owned by a government employer The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clearhellip Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence and extent of privacy expectations enjoyed by employees when using employer-provided communication deviceshellip A broad holding concerning employeesrsquo privacy expectations visndashagrave-vis employer-provided technological equipment might have implications for future cases that cannot be predicted It is preferable to dispose of this case on narrower groundsrdquo

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 6: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Changeldquo[P]oliticians ndash and judges for that matter ndashshould be wary of the assumption that the future will be little more than an extension of things as they arerdquo

- from Jeffery Rosen Roberts v The Future NY Times Aug 28 2005

Chief Justice Roberts

Technology Revolutions of the 20th Century

1991 Radio Shack Ad

httpwwwtrendingbuffalocom

To buy all these products would cost $305482 in

1991 dollars

Exponential Change

ldquoAn analysis of the history of technology shows that technological change is exponential contrary to the common-sense lsquointuitive linearrsquo view So we wonrsquot experience 100 years of progress in the 21st century ndashit will be more like 20000 years of progress (at todayrsquos rate)rdquo ndash Ray Kurzweil

City of Ontario v Quon (2010)(Justice Kennedy) ldquoThe Court must proceed with care when considering the

whole concept of privacy expectations in communications made on electronic equipment owned by a government employer The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clearhellip Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence and extent of privacy expectations enjoyed by employees when using employer-provided communication deviceshellip A broad holding concerning employeesrsquo privacy expectations visndashagrave-vis employer-provided technological equipment might have implications for future cases that cannot be predicted It is preferable to dispose of this case on narrower groundsrdquo

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 7: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Technology Revolutions of the 20th Century

1991 Radio Shack Ad

httpwwwtrendingbuffalocom

To buy all these products would cost $305482 in

1991 dollars

Exponential Change

ldquoAn analysis of the history of technology shows that technological change is exponential contrary to the common-sense lsquointuitive linearrsquo view So we wonrsquot experience 100 years of progress in the 21st century ndashit will be more like 20000 years of progress (at todayrsquos rate)rdquo ndash Ray Kurzweil

City of Ontario v Quon (2010)(Justice Kennedy) ldquoThe Court must proceed with care when considering the

whole concept of privacy expectations in communications made on electronic equipment owned by a government employer The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clearhellip Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence and extent of privacy expectations enjoyed by employees when using employer-provided communication deviceshellip A broad holding concerning employeesrsquo privacy expectations visndashagrave-vis employer-provided technological equipment might have implications for future cases that cannot be predicted It is preferable to dispose of this case on narrower groundsrdquo

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 8: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

1991 Radio Shack Ad

httpwwwtrendingbuffalocom

To buy all these products would cost $305482 in

1991 dollars

Exponential Change

ldquoAn analysis of the history of technology shows that technological change is exponential contrary to the common-sense lsquointuitive linearrsquo view So we wonrsquot experience 100 years of progress in the 21st century ndashit will be more like 20000 years of progress (at todayrsquos rate)rdquo ndash Ray Kurzweil

City of Ontario v Quon (2010)(Justice Kennedy) ldquoThe Court must proceed with care when considering the

whole concept of privacy expectations in communications made on electronic equipment owned by a government employer The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clearhellip Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence and extent of privacy expectations enjoyed by employees when using employer-provided communication deviceshellip A broad holding concerning employeesrsquo privacy expectations visndashagrave-vis employer-provided technological equipment might have implications for future cases that cannot be predicted It is preferable to dispose of this case on narrower groundsrdquo

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 9: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Exponential Change

ldquoAn analysis of the history of technology shows that technological change is exponential contrary to the common-sense lsquointuitive linearrsquo view So we wonrsquot experience 100 years of progress in the 21st century ndashit will be more like 20000 years of progress (at todayrsquos rate)rdquo ndash Ray Kurzweil

City of Ontario v Quon (2010)(Justice Kennedy) ldquoThe Court must proceed with care when considering the

whole concept of privacy expectations in communications made on electronic equipment owned by a government employer The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clearhellip Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence and extent of privacy expectations enjoyed by employees when using employer-provided communication deviceshellip A broad holding concerning employeesrsquo privacy expectations visndashagrave-vis employer-provided technological equipment might have implications for future cases that cannot be predicted It is preferable to dispose of this case on narrower groundsrdquo

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 10: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

City of Ontario v Quon (2010)(Justice Kennedy) ldquoThe Court must proceed with care when considering the

whole concept of privacy expectations in communications made on electronic equipment owned by a government employer The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clearhellip Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence and extent of privacy expectations enjoyed by employees when using employer-provided communication deviceshellip A broad holding concerning employeesrsquo privacy expectations visndashagrave-vis employer-provided technological equipment might have implications for future cases that cannot be predicted It is preferable to dispose of this case on narrower groundsrdquo

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 11: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

The Future of CourtsOutline

I Types of Cases Claims amp Defenses

II Types of EvidenceIII Changes to the Courtroom

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 12: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

I Types of Cases Claims amp Defenses

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 13: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Genetic Predisposition To Violence

0

10

20

30

40

50

60

70

80

Low MAOA High MAOA

No Maltreatment

ProbableMaltreatmentSevere Maltreatment

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 14: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Bradley Waldroup Case (Tennessee 2010) Waldroup murdered his estranged wifersquos

friend and tried to also murder his wife Charged with felony murder a capital

offense Tested positive for MAOA high risk gene

variant suffered from early childhood abuse

Jury convicted him of voluntary manslaughter rather than felony murder

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 15: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Drones

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 16: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

In re Shaun Malone Sonoma County Commission (2007)

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 17: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Driverless Cars

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 18: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Artificial IntelligenceMachine Learning

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 19: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

AI Machine LearningHuman Computer

Programming

Machine mechanically implements human-made code

Bad outcomes are attributable to bad code by human programmer

Human programmer can explain why machine did what it did

Machine Learning

Humans provide data and specify overall goal for machine

Machine self-learns and adapts its approach to maximize specified goal

Limited explanation for why machine did what it did

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 20: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

httpswwwyo

utubecomwat

chv=jU-

cori12KU

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 21: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 22: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

SourceMedium

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 23: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

ldquoIs This Man Cheating on His Wiferdquo WSJ Aug 10 2007

The woman hes legally wed to is not amused Its really devastating says Sue Hoogestraat hellip You try to talk to someone or bring them a drink and theyll be having sex with a cartoon

While his wife Sue watches television in the living room Mr Hoogestraat chats online with what appears on the screen to be a tall slim redhead Hes never met the woman outside of the computer world of Second Life hellip Hes never so much as spoken to her on the telephone But their relationship has taken on curiously real dimensions They own two dogs pay a mortgage together and spend hours shopping at the mall and taking long motorcycle rides

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 24: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Voyeur Dorm (2001) Tampa Bay zoning ordinance prohibits adult

entertainment businesses in residential areas Voyeur Dorm is a house in an upscale Tampa

residential area that contains several college-age female residents and dozens of live Web cams that transmit unvarnished images 24 hours per day to thousands of subscribers

11th Circuit held that the company did not offer adult entertainment in Tampa but rather are offered in cyberspace and is therefore not subject to the Tampa ordinance

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 25: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Types of Evidence

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 26: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

New Types of Evidence

Digital Discovery Computers Smart phones and

devices Social Media Genomics Microbes GPSLocation Data Drones

Virtual Worlds

Internet of Things

Data Analytics

Wearables

Brain Scans

Biometrics

Artificial Intelligence

Virtual Reality

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 27: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Duty of Technological Competence

Attorney failed to produce an accurate spreadsheet of computer database entries

Attorneyrsquos defense ldquoI have to confess to this Court I am not computer literate I have not found presence in the cybernetic revolution I need a secretary to help me turn on the computer This was out of my bailiwickrdquo

Court ldquoProfessed technological incompetence is not an excuse helliprdquo James v National Financial LLC 2014 WL 6845560

(Dec 5 2014 Ct Chanc DE)

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 28: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

GeneticsIdentificationFidelity National Title

In small business dispute one party and its lawyers received threatening anonymous letters

They suspected owner of other company but he denied it

They deposed owner in their lawyerrsquos office clerk collected his used drinking glass

DNA obtained from drinking glass matched DNA from saliva on envelopes

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 29: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Anesthetist infected at

least 275 people (4

deaths) by skimming

morphine by injecting

himself before patient

sentenced to 1933 yrs in

jail after DNA proved

source

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 30: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Dog Poop Detectives

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 31: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Epigenetics

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 32: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Brain Scanning Potential legal applications

include Lie detection Terrorist identification Latent racial animus Competency Propensity for violence Recidivism risk Pain Drug and alcohol use Awareness in vegetative

state

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 33: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Brain Scanning Cases in US Courts

Source Gaudet amp Marchant Drake L J (2016)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 34: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 35: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

GPS Evidence

Police tracking of suspect location GPS device Cell phone

Digital stalkers Divorce attorney tracking of spouses Monitoring of employees Sex offenders Bank robber Speed limit enforcementdefense GPS cameras (ldquogeotaggingrdquo)

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 36: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Biometrics

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 37: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Biased algorithm leads to

arrest of an innocent person

for a crime he did not commit

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 38: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

ldquoThese devices are especially helpful in motor vehicle bicycle and pedestrian crash cases Whether on the users wrist bike or stroller you can download or calculate variables such as speed distance angles and degree of impact Without witnesses or corroborating evidence these devices can show your clients biking jogging or walking speed as well as the precise point of impact and the momentum of the crashrdquo

Trial Aug 2018

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 39: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

3D Printing

For the Defense Oct 2016

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 40: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Digital Fabrication

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 41: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Deep Fakes

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 42: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Changes to the Courtroom

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 43: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Technology in Courts

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 44: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Online Dispute Resolution

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 45: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

AI and the Court Systems Some Early Examples Automatic scanning and docketing of court

filings Facial recognition log-in to court computer

systems Chatbots for public inquiries Juror hotline Identify ldquored flagsrdquo in guardianship

conservatorship cases Triage cases for automated case management

Source NCSC

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 46: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Legal Chat Bots

BiggerLawFirmcom

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 47: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Vergecom

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 48: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Replacement of Legal Jobs by Artificial Intelligence by 2030

Lawyers 35Judicial Law clerks 410Court reporters 510Administrative Law Judges 640Paralegals 940

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 49: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

One thing is becoming clear

lawyers who use artificial

intelligence will replace

lawyers who donrsquot

Sources AbovetheLawcom lawsitesblogcom

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 50: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Jury Screening

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 51: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

httpswwwyoutubecomwatchtime_continue=58ampv=zRhQpyx9OGkampfeatu

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 52: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

ldquoOur agencyrsquos ability to analyze the blockchain and de-anonymize bitcoin transactions allowed for the identification of hundreds of predators around the worldrdquo

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 53: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

60 Minutes ndash April 22 2018

Brain-Machine Interfaces

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 54: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

httpswwwravellawcomjudges

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 55: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Q ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo

CJ Roberts ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

NY Times May 1 2017

Chief Justice Roberts

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 56: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

AI-powered court opened in Hangzhou in 2017 and has handled more than 3 million

case human judge in the loop although most of proceedings handled by AI system

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 57: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Beijing Internet Court has decided tens of thousand of cases since 2018

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 58: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Conclusion

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 59: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Conclusion Advice from ldquoThe Great Onerdquo

ldquoI skate to where the puck is going to be not where it has beenrdquo

Wayne Gretzky

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 60: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

And Finally hellip

Donrsquot be afraid hellip hellip we humans are still in control

hellip for at least a while yet

httpswwwyoutubecomwatchv=VqwL7GnxiI0

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 61: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 62: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

RoboLaw

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 63: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

2

RoboLawComing soon to your courtroomBy Gary E Marchant

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 64: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

3

AI in Legal Practice and Court Operations

AI as Evidence

Legal Claims Against AI Applications

Recently US Supreme Court Chief Justice John Roberts was asked ldquoCan you foresee a day when smart machines driven with artificial intelligences will assist with courtroom fact-finding or more controversially even judicial decision-makingrdquo The Chief Justice replied ldquoItrsquos a day thatrsquos here and itrsquos putting a significant strain on how the judiciary goes about doing thingsrdquo

(Gary Marchant is a past speaker at the Pennsylvania State Trial Judges Conference where he spoke about how AI is being used in the legal industry)

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 65: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Palm Beach County

Robots

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 66: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Cindy M Guerra Esq Chief Operations Officer

Clerk amp Comptroller Palm Beach County

___________________________________________________________

Cindy Guerra serves as Chief Operations Officer of Courts and

Official Records and Acting General Counsel for the Clerk amp

Comptroller of Palm Beach County Florida She oversees a staff of

450 deputy clerks who process over 5 million documents every year

Cindy has focused her attention on successfully transforming the

Clerkrsquos office into a technology driven operation Her team is the first

in the country to use cutting edge AI and Robotic technology to

process court documents

Cindy earned her Bachelorrsquos Degree from American University in

Washington DC and a Juris Doctor from Nova Law School in Davie

Florida

Cindy came to the Clerkrsquos office in January 2012 from the Florida

Attorney Generalrsquos Office where she served as Deputy Attorney

General for South Florida Cindy has been an attorney in the State of

Florida for 29 years

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 67: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Tom Hall is Of Counsel with Bishop amp Mills based in the firmrsquos Tallahassee office although he now works almost exclusively from his home office in Babcock Ranch Florida He practices appellate law exclusively and has appeared in all six of Floridarsquos appellate courts Before returning to private practice Tom was Clerk of Court of the Florida Supreme Court for 13 years and Chief Staff Attorney at the First District Court Appeal for 10 years Tom is member of the Rules Of Judicial Administration Committee of The Florida Bar and immediate past chair of the Appellate Court Rules Committee of The Florida Bar He is a retired member of NCACC Tom is a former President of NCACC and has hosted the conference twice ndash once in Florida and once as co-host with Marilyn May in Seattle Tom has taught at the conference a number of times as well has other national conferences such as the E-Court Conference He is also the recipient of NCACCrsquos JO Sentell award Tom is president of TLH Consulting Group LLC and consults with entities doing business with Floridarsquos Court system He provides advice on a wide variety of issues including Floridarsquos Efiling Portal and consultation about the rules process of The Florida Bar and individual rule proposals for every area of procedure

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 68: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

MYPALMBEACHCLERKCOM | CLERKPBC

AI Automation

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 69: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Traditional E-Filing ndash Palm Beach

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 70: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

iClassify and LBX

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 71: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

LBX(learn by example)

RPA(robotic processing automation)

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 72: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Automated E-Filing (AI + Bots)

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 73: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Meet our Robots

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 74: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

E-Filed Documents for we 7252020

3414434395

Total Documents for July 19 2020 -July 25 2020 = 68539

Paper Docs E-Filed Docs

1032534395

Percentage of E-Filings Automated

Automated E-Filing 3001

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 75: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Civil vs Criminal E-Filing Totals

E-Filing Non-Automated

E-Filing Automated Total E-Filing Paper Filings Total Filings Percent E-Filing

Automated

Percent of Total

Automated

Civil 19915 9656 29571 6672 36243 3265 2664Criminal 4155 669 4824 27472 32296 1387 207TOTAL 24070 10325 34395 34144 68539 3002 1506

Palm Beach currently has 91 docket codes setup for automation

Each robot has the capacity to process the work of approximately 4 FTEs

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 76: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Challenges

Same as when rolling out any new systemprocess

Implementation of new releasessoftware updates ndash fitting these in with other software releasesupdates

Paper filingsOriginal document requirements in Criminal

Heavy up-front investment of time

Differences in docketing rules based on court and case types

Confidential filings

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 77: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Expanding AI ndash Whatrsquos new and whatrsquos next

Emailing as per local procedureReports for further actionsE-Filings with feesOfficial Records indexingCase initiationUse of native documents to help OCRAutomation of QA processesProcessing of all docketing including scanned paper documentsAdding attorneys to parties on the case

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 78: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

Labor amp Employment Law in 2020 Chris Weller

Pandemics Marijuana and Trends hellip Oh My

Chris Weller was admitted to the Alabama State Bar in 1987 He received his BA in Political Science from Furman University in 1984 and a JD cum laude from Cumberland School of Law in 1987 where he served as the Casenote Editor of the Cumberland Law Review Chris is an author and frequent speaker on employment law trial practice and professional responsibility He has been recognized by Best Lawyers for his Labor and Employment Litigation and Appellate practice areas Chris has been practicing labor and employment law for more than 25 years and has successfully defended numerous clients in a wide range of lawsuits involving sex race age and wage discrimination Chris has represented the State of Alabama in three large employment class action cases successfully defeating class certification in one case and decertifying an existing class in another Chris also has successfully defended and prosecuted wage and hour claims non-compete agreement claims fair housing claims and ADA accessibility claims In addition to his labor and employment practice Chris serves as counsel for the Alabama House Republican Conference He successfully defended several challenges to the Alabama Accountability Act of 2013 which established an innovative tax credit program to allow students in chronically failing public schools to attend other schools Chris also has provided campaign advice to numerous state and local candidates and is the author of the Alabama Chapter of Westrsquos annual publication of Lobbying PACs and Campaign Finance ndash 50 State Handbook Chris is married to Julia Weller the first female Clerk of the Supreme Court of Alabama Chris and Julie have two children ndash Florence and Christopher Jr When not practicing law Chris is an avid gardener runner and backpacker His bucket list includes backpacking in all the major National Parks in the United States

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 79: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

PANDEMICS MARIJUANA amp

TRENDShellip OH MY Labor amp Employment Law in 2020

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 80: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

PRESENTED BYCHRIS WELLER

CAPELL amp HOWARD PC150 SOUTH PERRY STREETMONTGOMERY AL 36104

EMAIL CHRISWELLERCHLAWCOMTEL 334-241-8066

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 81: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

TOPIC 1 COMING ATTRACTIONS

EEOC TRENDS SALARY HISTORY BANS EXPANSION OF LEAVE

AND MORE

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 82: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

IN 2019 EEOC CHARGES FELL FOR THE THIRD STRAIGHT YEAR TO 72675 (DOWN 3743 FROM 2018MAY BE TIED TO GOOD ECONOMY)

IN 2019 SEXUAL HARASSMENT CHARGES FELL 12 BUT THERE HAS BEEN A 13 INCREASE IN SEXUAL HARASSMENT COMPLAINTS IN THE WAKE OF THE METOO MOVEMENT

IN 2019 EMPLOYERS PAID OUT A RECORD $682 MILLION TO THOSE ALLEGING SEXUAL HARASSMENT VIOLATIONS THROUGH THE EEOC SHATTERING THE ALL-TIME RECORD BY OVER $10 MILLION

SO THE TREND IS STILL UPWARD AND THE METOO MOVEMENT CONTINUES TO BE A MAJOR INFLUENCE ON WORKPLACES ACROSS THE COUNTRY

EEOC TRENDS

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 83: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

TOP 5 EEOC CHARGE CATEGORIES IN 2019

- RETALIATION 39110 (538 OF ALL EEOC CHARGES FILED)- DISABILITY 24238 (334)- RACE 23976 (330)- SEX 23532 (324)- AGE 15573 (214)

INCREASE IN SUCCESSFUL CLASS ACTIONS

- IN 2019 COURT CERTIFIED CLASS ACTIONS IN 64 OF THE EMPLOYMENT CLASS ACTIONS FILED

- THE METOO MOVEMENT CONTINUES TO FUEL EMPLOYMENT CLASS LITIGATION

- OF THE EEOCrsquoS 2019 SEX DISCRIMINATION LAWSUIT FILINGS 28 INCLUDED CLAIMS OF SEXUAL HARASSMENT AND 57 OF 84 TITLE VII LAWSUITS WERE BASED ON GENDER DISCRIMINATION ALLEGATIONS

EEOC TRENDS

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 84: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

SALARY HISTORY BANS WHICH PROHIBIT RECRUITERS FROM ASKING CANDIDATES ABOUT PAST COMPENSATION HAVE BEEN PASSED IN 17 STATES AND 20 LOCALITIES

THE GOAL OF SALARY HISTORY BANS IS TO BASE COMPENSATION ON WORK PERFORMED AND NOT ON PREVIOUS PAY THAT MAY REFLECT AND PERPETUATE DISCRIMINATION

- NEW JERSEYrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 26

- NEW YORKrsquoS NEW SALARY BAN LAW WENT INTO EFFECT ON JANUARY 6 (PROHIBITS ASKING OR EVEN RESEARCHING AN APPLICANTrsquoS SALARY HISTORY)

SALARY HISTORY

BANS

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 85: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

THE FMLA REQUIRES THAT QUALIFIED EMPLOYERS GRANT UP TO 12WEEKS PER YEAR OF UNPAID LEAVE TO ELIGIBLE EMPLOYEES WHO NEED TO CARE FOR FAMILY MEMBERS OR THEMSELVES

SOME STATES AND LOCAL GOVERNMENTS ARE IMPLEMENTING MORE GENEROUS LEAVE POLICIES FOR EMPLOYEES

-NEW YORK EMPLOYEES ARE ENTITLED TO TAKE UP TO 10 WEEKS OF PAID SICK LEAVE IN 2019 AND THE AMOUNT OF PAID SICK LEAVE WILL RISE TO 12 WEEKS IN 2021

-CALIFORNIA AS OF JULY 1 STATE-MANDATED PAID LEAVE EXPANDED FROM 6 TO 8 WEEKSWITH AN EVENTUAL EXPANSION UP TO 6 MONTHS

-CONNECTICUT STARTING JANUARY 1 2022 EMPLOYEES ARE ENTITLED TO UP TO 12 WEEKSOF PAID LEAVE PER YEAR TO CARE FOR A NEWBORN A NEWLY ADOPTED OR FOSTER CHILD A SERIOUSLY ILL RELATIVE BY BLOOD OR MARRIAGE OR CLOSE ASSOCIATE WHO IS LIKE A FAMILY MEMBER

-MASSACHUSETTS EMPLOYEES ARE ELIGIBLE TO TAKE UP TO 26 WEEKS OF PAID LEAVE PER YEAR FOR MEDICAL OR FAMILY REASONS STARTING JANUARY 1 2021 ON JULY 1 2021 PAID LEAVE BENEFITS WILL ALSO BE AVAILABLE FOR THE CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

-MUNICIPALITIES LIKE DALLAS ARE ADOPTING PAID LEAVE POLICIES

-PAID TIME OFF FOR ANY REASON

STATE EXPANSION

OF PAID LEAVE

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 86: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

VIRGINIA CALIFORNIA NEW YORK AND NEW JERSEY OFFICIALLY BAN HAIR DISCRIMINATION

CROWN ldquoCREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL HAIR ACTrdquo

THESE LAWS TYPICALLY BAN RACIAL DISCRIMINATION BASED ON TRAITS HISTORICALLY ASSOCIATED WITH RACE INCLUDING HAIR TEXTURE HAIR TYPE AND PROTECTIVE HAIRSTYLES SUCH AS BRAIDS LOCKS AND TWISTS

HAIRSTYLE amp CONFORMING DRESS RULES

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 87: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

IN THE WAKE OF THE COVID-19 PANDEMIC EXPECT THE EEOC AND OTHER STATE ENFORCEMENT AGENCIES TO TAKE A CLOSER LOOK AT THE ISSUE OF TELECOMMUTING AS A REASONABLE ACCOMMODATION FOR AN ADA DISABILITY

TELECOMMUTING

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 88: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

UNDER EXISTING LAWS WITH CERTAIN EXCEPTIONS EMPLOYERS MAY NOT ASK JOB APPLICANTS ABOUT PAST ARRESTS OR DETENTIONS THAT DIDNrsquoT RESULT IN A CONVICTION FOR PURPOSES OF MAKING HIRING PROMOTION OR TERMINATION DECISIONS

CURRENTLY 35 US STATES AND MORE THAN 150 CITIES AND COUNTIES HAVE PASSED BAN-THE-BOX LAWS WHICH IN MOST CASES REMOVE QUESTIONS ABOUT CRIMINAL HISTORY FROM JOB APPLICATIONS AND DELAY ASKING ABOUT IT UNTIL A CONDITIONAL JOB OFFER HAS BEEN MADE

STATES ARE NOW CONSIDERING LAWS PROHIBITING EMPLOYERS FROM ASKING APPLICANTS ABOUT JUVENILE NON-FELONY CONVICTIONS

JUVENILE CRIMINAL HISTORIES

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 89: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

AUTOMATED RESUME PARSING AI-POWERED ASSESSMENTS AND ALGORITHM-BASED HIRING PLATFORMS HAVE BECOME A POPULAR METHOD FOR SIFTING THROUGH RESUMES AND FOR ELIMINATING BIAS IN THE HIRING PROCESS

HOWEVER THE USE OF EMERGING TECHNOLOGIES LIKE AI MACHINE LEARNING AND ALGORITHMS FOR SCREENING APPLICANTS IS BEGINNING TO GENERATE MORE SCRUTINY

BUT AUTOMATED DECISION-MAKING MAY ALSO BE CLOUDED BY BIAS BASED ON THE DESIGN AND INTERPRETATIONS OF THE ALGORITHM

SOME STATES ARE STARTING TO PASS LAWS PROVIDING RIGHTS TO APPLICANTS WHERE AI-POWERED ASSESSMENTS ARE USED EG ILLINOIS(EFFECTIVE JAN 1) ldquoARTIFICIAL INTELLIGENCE VIDEO INTERVIEW ACTrdquo

- THE LAW PROVIDES RIGHTS TO JOB APPLICANTS IF AI WILL BE USED TO ANALYZE THEIR VIDEO INTERVIEW

CONGRESS IS ALSO BEGINNING TO CONSIDER THE ISSUE (US HOUSE EDUCATION AND LABOR COMMITTEE)

USE OF AI APPLICANT SCREENING

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 90: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

TOPIC 2 COVID-19 amp WORKPLACE WELL-BEING

DEVELOPING A RETURN-TO-WORK PLAN

HIRING DURING

COVID-19

EMPLOYEE RIGHTS TO LEAVES OF ABSENCE

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 91: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(1) CLEANING amp SANITIZING THE WORKPLACE

- PROVIDE SANITIZERS FREQUENTLY WIPING DOWN COUNTERS DOORKNOBS ELEVATOR BUTTONS ETC

- FOG THE WORK AREA AFTER HOURS

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 92: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(2) ENFORCE SOCIAL DISTANCING amp HYGIENE

-PROVIDE HAND SANITIZERS PAPER GOODS SANITIZING WIPES BOTTLED WATER FACE MASKS GLOVES TISSUES SOAP TRASH RECEPTACLES ETC

-REQUIRE EMPLOYEES WHO TEST POSITIVE OR ARE SYMPTOMATIC TO REMAIN HOME

-POST REMINDERS IN COMMON AREAS EG BATHROOM BREAKROOM ELEVATORS COPY MACHINES AND CENTRAL DOORS

-ALLOW EMPLOYEES TO TELEWORK WHEN POSSIBLE

-LIMIT BUSINESS TRAVEL

-MAXIMUM RESTROOM CAPACITIES

-LIMIT IN-PERSON MEETINGS DINING AREAS EVENTS AND OTHER SOCIAL GATHERINGS

-STAGGER WORK TIME OR SCHEDULES TO LIMIT CONTACT AMONG EMPLOYEES

-RESTRICT NON-EMPLOYEE VISITORS WHEN POSSIBLE

- INCREASE SPACE BETWEEN DESKS CUBICLES AND OTHER WORKPLACES

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 93: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(3) ENFORCE SOCIAL DISTANCING amp HYGIENE

-MARKING OFF SIX FEET WAITING DISTANCES

-STAGGER MEAL AND REST BREAKS

- INSTALLING PARTITIONS OR SHIELD WHERE THERE IS PUBLIC INTERACTION

-REVIEW CURRENT VENTILATION

-TRAIN STAFF ON SAFETY PROTOCOLS

-CLOSE OFF COMMON SPACES WHERE EMPLOYEES OR OTHERS ARE LIKELY TO CONGREGATE EG BREAK ROOM WATER COOLER MEDIA ROOM ETC

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 94: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(4) SCREENING EMPLOYEES amp VISITORS

-HAVE AN ACTION PLAN FOR EMPLOYEES WHO TEST POSITIVEPRESUMPTIVE POSITIVE COVID-19 EG CONTACT TRACING TESTING SEND HOME

-TEMPERATURE CHECKS

-SCREENING QUESTIONS EMPLOYERS HAVE LEEWAY TO MAKE CERTAIN MEDICAL INQUIRIES OTHERWISE PROHIBITED BY THE ADA

(A) HAVE YOU OR HAS ANYONE IN YOUR HOUSEHOLD EXPERIENCED ANY COVID-19 SYMPTOMS IN THE LAST 14 DAYS(B) HAVE YOU BEEN SYMPTOM-FREE FOR AT LEAST THREE DAYS(C) HAVE YOU BEEN EXPOSED TO ANYONE WITH A CONFIRMED CASE OF COVID-19

DEVELOPING A RETURN TO WORK PLAN

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 95: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

THE GOAL IS REDUCTION OF EMPLOYEE EXPOSURE

(5) SCREENING EMPLOYEES amp VISITORS

- WHEN CAN YOU REQUIRE A TEST

(A) DIRECT THREAT amp JOB IMPAIRMENT THE EMPLOYER REASONABLY AND OBJECTIVELY BELIEVES THAT AN EMPLOYEErsquoS CURRENT MEDICAL CONDITION EITHER IMPAIRS THE EMPLOYEErsquoS ABILITY TO PERFORM ESSENTIAL JOB FUNCTIONS OR POSES ADIRECT THREAT TO THE HEALTH OR SAFETY OF THE EMPLOYEE OR OTHERS

(B) EEOCHAS HELD THAT SUCH CIRCUMSTANCES SATISFY THE ADArsquoSREQUIREMENT THAT ANY MANDATORY MEDICAL TEST OF EMPLOYEES BE ldquoJOB RELATED AND CONSISTENT WITH BUSINESS NECESSITYrdquo

(C) ADASTANDARDS REQUIRE THE TEST TO BE ACCURATE AND RELIABLE CONSULTCDCAND US FDAGUIDANCE

DEVELOPING A RETURN TO WORK PLAN

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 96: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

HIRING DURING COVID-19

SCREENING FOR COVID-19 PERMITTED AS A CONDITION OF EMPLOYMENT

DELAYING THE START-DATE OF AN EMPLOYEE WHO HAS COVID-19 OR SYMPTOMS ASSOCIATED WITH THE DISEASE

WITHHOLDINGWITHDRAWING OFFER FOR AN APPLICANT WHO EXHIBITS COVID-19 SYMPTOMS IS PERMISSIBLE UNDER THE ADA IF THE HIRING NEED IS IMMEDIATE

HIRING DURING COVID-

19

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 97: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

EMERGENCY PAID SICK LEAVE

UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) PRIVATE AND GOVERNMENTAL EMPLOYERS WITH FEWER THAN 500 EMPLOYEES MUST PROVIDE UP TO 10 DAYS (80 HOURS) OF PAID SICK LEAVE RELATED TO COVID-19

NOTE NEW YORK CALIFORNIA AND OTHER LOCAL GOVERNMENTSHAVE ADDED ADDITIONAL LEAVE REQUIREMENTS

ELIGIBILITY

AT LEAST 30-DAYSEMPLOYMENT

BASED ON ONE OF THE FOLLOWING COVID-19 RELATED REASONS

-FEDERAL STATE OR LOCAL QUARANTINE-SELF-QUARANTINE AT THE ADVICE OF A HEALTH CARE PROVIDER-OBTAINING A MEDICAL DIAGNOSIS IF EXPERIENCING SYMPTOMS-CARING FOR A SICK INDIVIDUAL WHO IS SUBJECT TO FEDERAL STATEOR LOCAL QUARANTINE OR IS SELF-QUARANTINED AT THE ADVICE OF A HEALTH CARE PROVIDER-CARING FOR A CHILD WHOSE SCHOOL OR CHILDCARE FACILITY HAS BEENCLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE -EXPERIENCING ANY OTHER ldquoSUBSTANTIALLY SIMILARrdquo CONDITION SPECIFIED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES

PAY CAP

FOR THE FIRST THREE REASONS PAY IS CAPPED AT $511 DAY ($5100 AGGREGATE) FOR THE REMAINING REASONS PAY IS CAPPED AT $200DAY ($2000 AGGREGATE)

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 98: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

EMERGENCY FMLA

THE FFCRA ALSO AMENDS THE FAMILY MEDICAL LEAVE ACT (FMLA) TO ALLOW ELIGIBLE EMPLOYEES TO TAKE UP TO 12 WEEKS YEAR OF JOB-PROTECTED LEAVE TO CARE FOR A CHILD YOUNGER THAN 18 WHOSE SCHOOL IS CLOSED OR WHOSE CHILDCARE PROVIDER IS UNAVAILABLE

-EFMLALEAVE IS UNPAID FOR THE FIRST 10 DAYS AND THEN IS PAID AT 23 THE EMPLOYEErsquoS NORMAL RATE OF PAY CAPPED AT $200DAY AND $10000 AGGREGATE

- THE FFCRAPROVIDES A TOTAL OF 12 WEEKS LEAVE NO COMBINING FMLAFFCRA

-BUThellip AN EMPLOYER CAN ALLOW AN EMPLOYEE TO USE OTHER SICK LEAVE VACATION TIME OR PTOTO PROVIDE ADDITIONAL LEAVE

FFCRA EXPIRES ON 12312020

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 99: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

OTHER COVID-19 HR ISSUES

PREVENT WORKPLACE HARASSMENTDISCRIMINATION BASED ON COVID-19 DIAGNOSIS OR PAST ILLNESS EG NO RESTRICTING MOVEMENT NO JOKES (ldquoCORONA CONNIErdquo) ETC

- ADOPT ZERO-TOLERANCE POLICY

NO RETALIATIONADVERSE ACTION - EG NO DISCIPLINARY ACTION TERMINATION MANDATING WORK WHILE SICK WITHDRAWING BENEFITS ETC

PRESERVE PRIVACY NEED-TO-KNOW BASIS FOR SUPERVISORSMANAGERS

-EMPLOYEE WHO REFUSES TO RETURN TO WORK- IMMUNECOMPROMISED IMMINENT DANGER OR NERVOUS NELLIE

-WHAT ABOUT PRE-EXISTING MENTAL ILLNESS EXACERBATED BY THEPANDEMIC

- CHILDCARE ISSUES (ONLY 12 WKS UNDER FFCRA)

STORING MEDICAL EXAMINATION RESULTS

- STORE SEPARATELY FROM EMPLOYEErsquoS PERSONNEL FILE AND PROPERLY SECURE EG COVID-19 TEST RESULTS TEMPERATURE CHECKS ANTIBODY RESULTS ETC

EMPLOYEE RIGHTS

TO LEAVES OF ABSENCE

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 100: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

TOPIC 3 MEDICAL MARIJUANA

MEDICAL MARIJUANA IN GENERAL TRENDS

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 101: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

CURRENTLY 33 STATES AND THE DISTRICT OF COLOMBIA PERMIT THE USE OF MEDICAL MARIJUANA LAWS FOR TREATMENT OF SERIOUS MEDICAL CONDITIONS

ALMOST frac12 OF THOSE STATES PROVIDE EXPLICIT EMPLOYMENT PROTECTIONS

BUThellip LEGALIZATION OF MEDICAL MARIJUANA DOESNrsquoT MEAN THAT ITrsquoS ALLOWED IN THE EMPLOYMENT CONTEXT

CONFLICT BETWEEN STATE AND FEDERAL LAW

-MARIJUANA STILL CONSIDERED A SCHEDULE 1 SUBSTANCE UNDER THE CONTROLLED SUBSTANCES ACT

-UNDER THE ADA THE TERM lsquordquoINDIVIDUAL WITH A DISABILITYrdquo DOES NOT INCLUDE AN INDIVIDUAL WHO IS CURRENTLY ENGAGING IN THE ILLEGAL USE OF DRUGS WHEN EMPLOYER ACTS ON THE BASIS OF SUCH USE

MEDICAL MARIJUANAGENERALLY

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 102: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

GENERAL RULE (FOR STATES THAT HAVE ADOPTED LAWS)

AS LONG AS THE EMPLOYEE IS NOT BRINGING HIS OR HER MEDICAL MARIJUANA TO WORK OR WORKING IN A JOB WHERE IMPAIRMENT MAY RESULT IN SERIOUSHARM TO OTHERS AND ISNrsquoT WORKING IN A FEDERALLY-RELATED JOB THE EMPLOYER CANNOT TAKE MEDICAL CANNABIS USE OR POSITIVE DRUG TEST RESULTS INTO CONSIDERATION WHEN MAKING HIRING AND FIRING DECISIONS

MOST STATES ALLOW EMPLOYERS TO TERMINATE EMPLOYEES WHO SHOW UP FOR WORK UNDER THE INFLUENCE OF MARIJUANA- EVEN IF THEY NEED IT TO TREAT A MEDICAL CONDITION

HOWEVER ABOUT 20 STATES PROHIBIT EMPLOYERS FROM DISCRIMINATING AGAINST MEDICAL MARIJUANA CARDHOLDERS OR FROM FIRING EMPLOYEES FOR TESTING POSITIVE FOR MARIJUANA DUE TO OFF-DUTY USE

MEDICAL MARIJUANAGENERALLY

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 103: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

MOST STATES DO NOT REQUIRE ANY SPECIAL WORKPLACE ACCOMMODATIONS FOR MEDICAL CANNABIS PATIENTS AND LEAVE POLICIES RELATING TO CANNABIS USE AND SUBSEQUENT DISCIPLINARY ACTIONS UP TO INDIVIDUAL EMPLOYERS

NEVADADEVIATES FROM THE TREND AND HAS ADOPTED AN ACCOMMODATION LAW EG ALLOWING AN EMPLOYEE TO START WORK LATER IN THE DAY DUE TO THE NEED FOR MEDICAL MARIJUANA TO TREAT GLAUCOMA OR CROHNrsquoS DISEASE

STILL OTHER STATES EXPLICITLY ALLOW EMPLOYERS TO FIRE EMPLOYEESFOR OFF-DUTY MEDICAL MARIJUANA USE

OTHER STATES HAVE NOT EVEN ADDRESSED THE ISSUE

RECENTLY MORE STATES HAVE LEGALIZED MARIJUANA FOR RECREATIONAL PURPOSES BUT MOST ALLOW EMPLOYERS TO ENFORCE ZERO-TOLERANCE DRUG POLICIESAND FIRE EMPLOYEES FOR OFF-DUTY USE

-ONLY ONE STATE SO FAR MAINE PROTECTS OFF-DUTY RECREATIONAL MARIJUANA USE

MEDICAL MARIJUANAGENERALLY

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends
Page 104: Business and Education Schedule · Virtual Meeting August 2, 2020 Business and Education Schedule 60 Appellatemin. 11:00 a.m. – ... Emerging Technologies and Sciences (GETS) conference

DEVELOPING TRENDS-

COMPLETE LEGALIZATION FOR MEDICAL USE

GENERAL DECRIMINALIZATION

OUTLAWING EMPLOYMENT DISCRIMINATION AGAINST MEDICAL CANNABIS PATIENTS

EXPUNGEMENTSEALING OF RECORDS

-FOR MINOR OFFENSES EG AK IL NJ CA amp NYHAVE SOME LEVEL OF EXPUNGEMENTSEALING FOR MINOR OFFENSES

ACCOMMODATION ALLOWING USE OF MEDICAL MARIJUANA

-USE THE ADAINTERACTIVE PROCESS TO ADDRESS OFF-DUTY USE

-ARE THERE OTHER ALTERNATIVES TO MARIJUANA USE

-POSSIBLE ACCOMMODATIONS FLEXIBLE REPORTING SCHEDULES SAFETY RISKS

-EVALUATE YOUR DRUG-FREE WORKPLACE AND DRUG TESTING POLICIES

-CAN THE EMPLOYER TOLERATE OFF-DUTY USE OF MEDICAL MARIJUANA FOR AN EMPLOYEE WITH A DISABILITY

-CHECK YOUR CURRENT STATE LAWS

TRENDS

  • Virtual Schedule 08022020
  • NCACC Virtual Education Program Materials
  • Courts of the Future
  • Marchant Bio Short
  • Courts of the Future 08 02 2020
  • Emerging Technologies and the Courts
  • AOPConneced 3 2019_WEB
  • Palm Beach County Robots
  • CGuerra Bio 072020
  • Tom Hall Bio
  • AI Presentation 8-20205925
  • Labor amp Employment Law
  • Pandemics Marijuana Trends