Seyfarth Synopsis: On August 9, 2024, Illinois joined Colorado on the list of states that have enacted legislation specifically imposing obligations and restrictions on employers’ use of artificial intelligence to make...more
9/3/2024
/ Algorithms ,
Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Non-Discrimination Rules ,
ZIP Codes
Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more
7/23/2024
/ Algorithms ,
Amicus Briefs ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Hiring & Firing ,
Innovative Technology ,
Machine Learning ,
Putative Class Actions ,
Title VII
In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more
5/2/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Human Resources Professionals ,
Title VII ,
Vendors
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
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: 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: 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: 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
Seyfarth Synopsis: On Equal Pay Day 2020, Seyfarth’s Pay Equity Group is pleased to release two reference guides: its Fourth Annual 50-State Pay Equity Desktop Reference and 2020 Developments in Pay Litigation Report.
...more
3/31/2020
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Today, the EEOC announced that it will extend the deadline for submission of the EEO-1 Report until May 31, 2019. The EEOC promises that additional details and instructions for the 2018 submission,...more
2/5/2019
/ Data Collection ,
Deadlines ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: On January 22, 2019, the Office of Federal Contract Compliance Programs (“OFCCP” or “the Agency”) filed a motion for leave to file a new amended complaint in connection with its 2017 Compliance Evaluation...more
Seyfarth Synopsis: On Wednesday, December 12th, the EEOC hosted a Data Dialogue Listening Session for stakeholders regarding the new Office of Enterprise Data and Analytics (“OEDA”). ...more
Seyfarth Synopsis: Effective on January 1, 2018, California’s new salary history ban law will prohibit inquiries about an applicant’s salary history and will create an affirmative obligation to disclose a “pay scale” upon an...more
1/2/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: On September 12, 2017, the New York City Commission on Human Rights released two eagerly-awaited Fact Sheets to aid in the interpretation of the NYC salary history ban, which goes into effect on October 31,...more
9/18/2017
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation ,
Pay Equity Laws ,
Regulatory Oversight ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: In update to our alert yesterday, Acting Chair Victoria Lipnic released a statement regarding the Office of Information and Regulatory Affairs’ (“OIRA”), decision to stay the implementation of the pay data...more
8/31/2017
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OIRA ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: Yesterday, the Office of Information and Regulatory Affairs (“OIRA”), a division of the Office of Management and Budget (“OMB”), announced that it has suspended “Component 2” of the revised EEO-1 Report. ...more
Seyfarth Synopsis: Mayor Ed Lee signed the “Parity in Pay Ordinance” (“Ordinance”) on July 19, 2017, prohibiting employers from inquiring about a job applicant’s salary history. The law will go into effect on July 1, 2018...more
7/27/2017
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation ,
Pay Equity Laws ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: San Francisco is likely to be the next jurisdiction to prohibit employers from asking job applicants about wage history. If signed by the Mayor, as expected, the law will go into effect on July 1, 2018...more
Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary...more
Seyfarth Synopsis: On May 4, 2017, New York City Mayor Bill de Blasio signed into law the long awaited ban on employers inquiring about a prospective job applicant’s prior salary history. The law will go into effect in 180...more
Seyfarth Synopsis: On September 29, 2016, the OMB approved the EEOC’s revisions to the EEO-1 report. Beginning in 2018, employers with 100+ employees will be required to annually report pay and hours data to the EEOC for its...more
9/30/2016
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
OFCCP ,
OMB ,
Pay Discrimination ,
Payroll Records ,
Reporting Requirements ,
W-2 ,
Wage and Hour
Today, the Office of Federal Contract and Compliance Programs (OFCCP), launched its “Class Member Locator,” a website designed to help the agency “identify protected class members” that may have been affected by illegal...more
Today the Department of Labor announced its Final Rule implementing Executive Order 13665, which promotes pay transparency and openness by allowing employees and applicants to share information about their pay and...more
9/11/2015
/ Department of Labor (DOL) ,
Employment Discrimination ,
Equal Opportunities ,
Executive Orders ,
Federal Contractors ,
Federal Register ,
Hiring & Firing ,
OFCCP ,
Pay Secrecy ,
Transparency Directive ,
Wage and Hour