In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many...more
3/11/2025
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Confidential Information ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Intellectual Property Protection ,
Liability ,
Risk Management
On October 16, 2024, the U.S. Department of Labor (DOL) published Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers. This document expands upon guidance released in...more
10/21/2024
/ Artificial Intelligence ,
Best Practices ,
Corporate Counsel ,
Data Protection ,
Department of Labor (DOL) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Ethics ,
Innovative Technology ,
Machine Learning
On September 24, 2024, the U.S. Department of Labor (DOL) announced publication of its “AI & Inclusive Hiring Framework” website, described as “a new tool designed to support the inclusive use of artificial intelligence in...more
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Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015),...more
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
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
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
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
8/2/2023
/ Background Checks ,
Ban the Box ,
California ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
State Labor Laws
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
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
4/14/2023
/ Adverse Employment Action ,
Algorithms ,
Artificial Intelligence ,
California ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Labor Reform ,
Machine Learning ,
Proposed Rules ,
Regulatory Agenda
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
3/27/2023
/ Ban the Box ,
California ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Pending Legislation ,
Regulatory Agenda ,
State Labor Laws
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
1/6/2023
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Draft Guidance ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Regulatory Agenda ,
State Labor Laws
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
4/26/2022
/ Annual Reports ,
Corporate Counsel ,
Diversity ,
EEO-1 ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Investigations ,
Labor Law Violations ,
Labor Regulations
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
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
3/18/2022
/ Adverse Employment Action ,
Algorithms ,
Artificial Intelligence ,
Automation Systems ,
California ,
Employer Liability Issues ,
Labor Reform ,
Machine Learning ,
Non-Discrimination Rules ,
Public Meetings ,
Regulatory Agenda ,
State Labor Laws
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
12/10/2021
/ Affirmative Defenses ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Pay Equity Laws ,
Pay Gap ,
Rate of Pay ,
Wage and Hour
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
12/8/2021
/ Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Statutory Interpretation ,
Wage and Hour