The Office of Management and Budget (OMB) finalized its guidance to federal agencies regarding the risk management steps the federal government must take when using artificial intelligence. OMB’s guidance establishes the...more
3/29/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Innovative Technology ,
Machine Learning ,
Risk Management
For organizations that operate in multiple states, tracking the ever-changing requirements related to equal pay issues can pose daunting challenges and the growing “ripple effect” of such requirements is being felt across...more
”Pay scale,” which means the salary or hourly wage range that the employer reasonably expects to pay for the position...more
There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process,...more
The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more
3/27/2024
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
NLRB ,
OFCCP ,
Risk Management ,
Wage and Hour
Seyfarth Synopsis: The Eleventh Circuit recently issued an opinion blocking the enforcement of Florida's "anti-woke" law. The Court struck down the law on the grounds that the law impermissibly infringes on employers' free...more
Seyfarth Synopsis: Twenty-four hours after the White House marked the 15th Anniversary of the Lilly Ledbetter Fair Pay Act, by announcing a set of actions designed to support equal pay principles for workers of federal...more
2/2/2024
/ Compensation ,
Disclosure Requirements ,
Employment Contract ,
Equal Pay ,
Fair Pay Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Lilly Ledbetter ,
OFCCP ,
Proposed Rules ,
Subcontractors ,
Wage and Hour
Seyfarth Synopsis: On January 31, 2024, California’s Civil Rights Department released updated FAQs, Pay Data Reporting templates, and a User Guide for the upcoming California Pay Data Reporting submission for the 2023...more
2/2/2024
/ Anti-Discrimination Policies ,
California ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Labor Contractor ,
Pay Data ,
Payroll Records ,
Regulatory Requirements ,
Remote Working ,
Reporting Requirements ,
State and Local Government
Seyfarth Synopsis: Earlier this week, the Biden Administration announced actions to support the equal pay principles set forth by Executive Orders 14035 and 14069. These actions will impact federal contractors and...more
1/31/2024
/ Biden Administration ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Executive Orders ,
Fair Pay Act ,
Federal Contractors ,
Lilly Ledbetter ,
Proposed Rules ,
Salary/Wage History ,
Subcontractors ,
Wage and Hour
Seyfarth Synopsis: The draft text of the EU AI Act has been unofficially posted online, showing that there has been significant momentum towards the Act’s final passage. Under the posted draft of the Act, the provisions...more
Seyfarth Synopsis: On January 12th, the District of Columbia’s Mayor signed legislation requiring employers to disclose salary ranges in all job listings and position descriptions advertised. Under the Act, employers will...more
Seyfarth Synopsis: Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for...more
Seyfarth Synopsis: Colorado has adopted final Equal Pay Transparency Rules which, along with the underlying equal pay law amendments, will become effective January 1, 2024....more
Seyfarth synopsis: President Biden’s Executive Order on artificial intelligence sets forth his vision for America to continue leading in AI innovation while also addressing risks associated with the use of AI. While much of...more
10/31/2023
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Defense Production Act ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Executive Orders ,
Innovative Technology ,
Machine Learning ,
NIST ,
Risk Management ,
Technology Sector
Seyfarth Synopsis: New York State’s law on pay transparency in job advertisements went into effect on September 17, 2023. A few days before the law’s effective date, the state’s Department of Labor published proposed rule...more
10/2/2023
/ Comment Period ,
Disclosure Requirements ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New Regulations ,
New York ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Recently, the US Equal Employment Opportunity Commission (“EEOC”) filed a settlement agreement in a lawsuit that many are calling the EEOC’s “first-ever” artificial intelligence discrimination in hiring...more
8/23/2023
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Systems ,
Disparate Impact ,
Employee Training ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Machine Learning ,
Popular ,
Settlement ,
Software
Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more
8/22/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Liability Issues ,
Hiring & Firing ,
Race Discrimination ,
Reverse Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Suppliers ,
Supply Contracts ,
Title VII
Seyfarth Synopsis: The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently revised its Voluntary Self-Identification of Disability Form CC-305 (“Form CC-305”). Federal contractors and...more
Seyfarth Synopsis: On July 3, 2023, Hawaii Governor Josh Green signed into law a pay transparency bill that will require employers to disclose in job listings an hourly rate or salary range that reasonably reflects the actual...more
7/11/2023
/ Corporate Counsel ,
Employees ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hawaii ,
Job Ads ,
Labor Reform ,
Pay Transparency ,
Sex Discrimination ,
State Labor Laws
Seyfarth Synopsis: Four days before enforcement of New York City Local Law 144 (“Local Law 144”) is set to begin, the Department of Consumer and Worker Protection (“DCWP”) published FAQ guidance governing the use of Automated...more
Seyfarth Synopsis: In two companion cases involving Harvard and UNC, the Supreme Court held that colleges and universities may no longer consider race as part of the college admissions process. The schools argued that their...more
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
Seyfarth Synopsis: Colorado has amended its Equal Pay for Equal Work Act to modify an employer’s pay transparency obligations for job postings and internal promotional opportunities. The amended law will also extend the...more
Seyfarth Synopsis: Companies have been following with interest the Harvard and UNC cases that address affirmative action in the context of higher education. Both cases were argued before the Supreme Court on October 31, 2022...more
6/5/2023
/ Civil Rights Act ,
College Admissions ,
Corporate Counsel ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
Harvard University ,
Hiring & Firing ,
OFCCP ,
Oral Argument ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Seyfarth Synopsis: On May 22, 2023, New York City’s Department of Consumer and Worker Protection (“DCWP”) held an educational roundtable with business advocates and employers to discuss the final rules implementing New York...more
Seyfarth Synopsis: On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) released Technical Assistance on the use of advanced technologies in the workplace titled Select Issues: Assessing Adverse Impact in...more