On Day 1 of President Trump’s new administration, he issued a series of Executive Orders. The “Ending Radical And Wasteful Government DEI Programs and Preferencing” Order revokes the Biden Administration’s prior DEI efforts...more
1/22/2025
/ Anti-Discrimination Policies ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Reform ,
Trump Administration
On November 22, 2024, the Illinois Department of Labor (IDOL) posted long awaited guidance in the form of Frequently Asked Questions (FAQs) to respond to inquiries the Department has received regarding amendments to the Equal...more
On November 18, 2024, Governor Murphy signed into law pay transparency legislation, Senate Bill 2310, which will require employers to include a pay range in job postings and provide notice of promotional opportunities to...more
New Jersey is positioned to join the growing number of jurisdictions that have adopted pay transparency requirements. The New Jersey State Assembly recently passed Senate Bill 2310, which, if enacted, will require employers...more
10/31/2024
/ Disclosure Requirements ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New Jersey ,
Pay Transparency ,
Pending Legislation ,
Posting Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Minnesota joins the growing number of states to adopt statewide legislation requiring employers to disclose starting salary ranges and other forms of compensation and benefits in postings for open...more
9/6/2024
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Minimum Salary ,
Pay Transparency ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Beginning on January 1, 2025, Illinois will join the list of states that are requiring greater transparency in both the job opportunities available in the state as well as the pay for those jobs. The...more
9/5/2024
/ Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Pay Transparency ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
Seyfarth Synopsis: On May 17, 2024, Colorado Governor Jared Poils signed Colorado SB 24-205, making Colorado the first state to enact broad legislation regulating employers’ use of AI to make “consequential decisions.”...more
5/23/2024
/ Algorithms ,
Artificial Intelligence ,
Colorado ,
Employer Liability Issues ,
Hiring & Firing ,
Innovative Technology ,
Labor Reform ,
Machine Learning ,
New Legislation ,
Non-Discrimination Rules ,
Personal Data ,
Popular ,
Risk Management ,
State Labor Laws
Seyfarth Synopsis: Maryland Governor Wes Moore has signed into law a bill that will expand Maryland employers’ pay transparency obligations. Effective October 1, 2024, employers must disclose in public or internal job...more
5/17/2024
/ Employer Liability Issues ,
Equal Pay ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Maryland ,
Minimum Wage ,
New Legislation ,
Pay Transparency ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers...more
5/6/2024
/ Artificial Intelligence ,
Bias ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
Hiring & Firing ,
New Guidance ,
OFCCP ,
Risk Management ,
Wage and Hour
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: 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: 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: 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: 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: 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: New York City's Department of Consumer & Worker Protection ("DCWP") revised its proposed rules in light of comments and testimony it received in response to the initial proposed rules implementing Local Law...more
Seyfarth Synopsis: New York City’s Department of Consumer & Worker Protection (“DCWP”) recently published a December update on its website indicating that due to the volume of comments it received in response to the proposed...more
Seyfarth Synopsis: On November 4, 2022, New York City’s Department of Consumer & Worker Protection (“DCWP”) held a public hearing on its proposed rules implementing Local Law 144 of 2021 (“LL 144”). LL 144, which regulates...more