FINEX Observer: Fall 2019 Edition

Welcome to the Fall 2019 edition of the FINEX Observer. This edition highlights the recent and emerging trends in employment practices liability (EPL) both domestically and internationally.

In this edition, we discuss the EPL environment in the state of California specifically in how workers are classified in today's gig economy and why EPL claims are challenging in the state. We also present a current look into discrimination against LGBT+ individuals in the workplace including the benefits of a culture of inclusion and diversity. We'll also discuss the trends, issues and risks surrounding the use of artificial intelligence (AI) in employment-related processes. We also provide an overview of the complex interplay between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act Amendments Act (ADAAA). Finally, we'll provide an overview of employment practices liability trends in other regions of the world.

Table of Contents

1. Classifying workers in the gig economy — A view through the lens of changing California law

   By John M. Orr and Jully Y. Rojas

   The nature of employment in todays "gig" economy has given rise to changes in the laws of the country's most populous state.

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2. Where are we 50 years post-Stonewall?

   By Talene Carter and Alison Miller

   This year marks the 50th anniversary of the Stonewall Uprising and the start of the gay rights movement but discrimination against LGBT+ individuals is still prevalent in the workplace.

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3. California nightmares — why EPL claims are so challenging for Golden State employers

   By Adam Cantor

   What makes California such a tough state for employers and, by extension, EPL insurers? There are multiple factors, including (1) the influence of the Dynamex decision in 2018, (2) the PAGA Act and (3) new California-specific laws enacted in 2019.

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4. Will AI Without EQ Mean More EPLI is Needed?

   By Andrew Doherty

   Today, the most pointed question regarding artificial intelligence (AI) and employment-related issues is: Given recently introduced regulations, will firms using artificial intelligence (AI) in employment-related processes have more EPL claims made by employees?

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5. Interplay between Family and Medical Leave Act and the Americans with Disabilities Act

   By Mike Bayonne, Esq.; Ford Harrison LLP, Kristi Dalby-Jones and Joann D. Obi

   Understanding the complex interplay between the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act Amendments Act (ADAAA) is key for employers.

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6. Employment practices liability trends across the globe

   By Tom Pemberton, Samuel Trost and Amber O'Brien

   While employment-related claims are more prevalent in the U.S. than in any other jurisdiction, trends are certainly developing in other global jurisdictions. In this article, we touch on emerging employment-related claim trends in the U.K., Switzerland and Australia.

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