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The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015),...more

DOL Issues Artificial Intelligence Principles

On May 16, 2024, the U.S. Department of Labor (DOL) released a document entitled, “Department of Labor’s Artificial Intelligence and Worker Well-being: Principles for Developers and Employers.” The document outlines several...more

Artificial Intelligence Executive Order WHD and OFCCP Guidance Issued

On April 29, 2024, the White House released a statement entitled, “Biden-⁠Harris Administration Announces Key AI Actions 180 Days Following President Biden’s Landmark Executive Order.” A few hours later, the U.S. Department...more

Divergent Paths on Regulating Artificial Intelligence

On March 21, 2024, the United Nations (UN) adopted a landmark resolution on the promotion of “safe, secure and trustworthy” artificial intelligence (AI) systems. The UN’s resolution contains a “comprehensive vision” for how...more

How Artificial Intelligence Tools Can Increase Diversity

Artificial intelligence (AI) continues to dominate headlines and even the most recent Super Bowl advertisements. The use of AI in the workplace is rapidly expanding in a wide variety of ways throughout the hiring process,...more

California Supreme Court’s Expansion of “Employer” under FEHA Could Have Implications for AI Regulation

The California Supreme Court issued a ruling this week that expands the definition of employer under the state’s main discrimination statute, the Fair Employment and Housing Act (FEHA). This expansion not only increases the...more

Changes in California’s Regulations Regarding Criminal Records Approved

The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring...more

An “AI Summer” in California?

What’s in store for artificial intelligence (AI) in California? Will there be an “AI summer” hiatus as the Assembly recommends, or will legislation and regulatory proposals go forging ahead? Regardless of whether California...more

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to...more

Update on California’s Efforts to Regulate the Use of AI in Employment Decision-Making

California continues to take steps to regulate the burgeoning use of artificial intelligence, machine learning, and other data-driven statistical processes in making consequential decisions, including those related to...more

California Seeks to Ban Criminal Background Checks for Most Private Sector Employers

Existing California law regulates inquiries into and the use of criminal history information in hiring and personnel decisions.  Existing California law also substantially impedes the ability of employers (and background...more

Upcoming Changes in California’s Law Regarding Criminal Background Checks

Employers that rely on criminal background checks to vet candidates know all too well that they must comply with a legion of statutes, ordinances, and regulations.  On December 15, 2022, the Civil Rights Council (“Council”)...more

Annual Report On EEOC Developments - Fiscal Year 2021

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC...more

Two Developments Could Impact California’s Proposed Regulations Governing AI and Automated Decision-making

Two noteworthy developments have occurred since the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws on March 15, 2022 that relate to the nascent law...more

California Fair Employment & Housing Council Proposes Sweeping Regulation of Automated Decision-making and Artificial Intelligence...

On March 15, 2022, the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws that would dramatically expand the liability exposure and obligations of employers...more

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

A female applicant applies for a position that was widely advertised.  During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar...more

Fourth Circuit Requires Parity in Each Component of Compensation, Not Only in Total Compensation, Under Federal Equal Pay Act

On December 3, 2021, the U.S. Court of Appeals for the Fourth Circuit rejected the notion that under the federal Equal Pay Act (EPA), equality should be assessed based on total compensation, holding instead that equality must...more

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