On May 17, 2024, Colorado Governor Jared Polis signed into law Senate Bill (SB) 24-205, “Concerning Consumer Protections in Interactions With Artificial Intelligence Systems” (the “Colorado Artificial Intelligence (AI) Act”),...more
5/21/2024
/ Algorithms ,
Artificial Intelligence ,
Compliance ,
Consumer Protection Laws ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Governor Polis ,
Impact Assessments ,
New Legislation ,
NIST ,
Risk Management ,
Software Developers ,
Technology Sector
On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published new guidance clarifying employers’ obligations under federal labor laws as they pertain to use of automated systems and artificial...more
On December 8, 2023, European Union policymakers brokered a deal on a broad law to regulate the development and use of artificial intelligence (AI) in the European Union....more
On October 30, 2023, President Joe Biden signed an executive order (EO) on artificial intelligence (AI) in an effort to establish a “coordinated, Federal Government-wide approach” to the responsible development and...more
11/7/2023
/ Artificial Intelligence ,
Best Management Practices ,
Biden Administration ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Immigration Procedures ,
National Security ,
NIST ,
Public Policy ,
STEM ,
Technology Sector ,
Wage and Hour
On October 13, 2023, California Governor Gavin Newsom signed a bill into law that will reinforce the state’s ban on noncompete agreements in employment by making it unlawful for employers to mandate that employees sign...more
On September 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law, prohibiting employers from entering into or attempting to enforce noncompete agreements, which are void under state law. The law is...more
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued the latest federal guidance on employer use of artificial intelligence (AI) and automated decision-making tools. The new guidance reinforces the...more
5/24/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Disability Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Title VII
On April 25, 2023, four U.S. federal agencies issued a joint statement pledging to enforce federal laws to “promote responsible innovation” in the context of automated decision-making and artificial intelligence (AI) systems...more
4/27/2023
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Innovative Technology ,
Joint Policy Statements ,
Machine Learning ,
Technology Sector
Over the last decade, and arguably accelerated by the pandemic, employers have increasingly relied on new technologies to monitor, manage, and hire employees. Some of these technologies include tracking devices, keyloggers,...more
11/8/2022
/ Electronic Monitoring ,
Employee Monitoring ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Memorandum of Guidance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Section 7
The White House, on October 4, 2022, unveiled its “ Blueprint for an AI Bill of Rights ,” outlining non-binding recommendations for the design, use, and deployment of artificial intelligence (AI) and automated systems...more
Some professional baseball teams are beginning to promote “Work From the Ballpark” days, encouraging fans to bring their laptops to a weekday afternoon game and work remotely from their seats. Under such promotions,...more
June 2022 marks one year since President Joe Biden signed the Juneteenth National Independence Day Act on June 17, 2021, designating Juneteenth as the 11th federally recognized public holiday in the United States. While...more
California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first...more
5/16/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
DFEH ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
New Guidance ,
Proposed Regulation ,
Screening Procedures
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic...more
On June 17, 2021, President Joe Biden signed the Juneteenth National Independence Day Act, making June 19 a legal public holiday. Juneteenth is the day that commemorates the emancipation of enslaved African Americans in the...more
As discussed in our prior article, California recently enacted Assembly Bill (AB) 51, a law that attempts to ban certain mandatory employment arbitration agreements in the state. Specifically, this new law purports to bar...more
1/2/2020
/ Arbitration ,
Chamber of Commerce ,
Criminal Penalties ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
TRO
California recently enacted Assembly Bill (AB) 51, a law that attempts to ban certain mandatory employment arbitration agreements in the state. But what is the practical impact of AB 51 in light of its possible preemption by...more
10/28/2019
/ Amended Regulation ,
Anti-Retaliation Provisions ,
Arbitration ,
Arbitration Agreements ,
Corporate Counsel ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Legislative History ,
Mandatory Arbitration Clauses ,
New Legislation ,
Preemption ,
State Labor Laws
California is set to become the only state to outlaw predispute mandatory arbitration of statutory employment claims. On October 10, 2019, Governor Gavin Newsom signed California Assembly Bill (AB) 51, which prohibits...more
10/22/2019
/ Arbitration ,
Arbitration Agreements ,
Corporate Counsel ,
Federal Arbitration Act ,
FEHA ,
Financial Services Industry ,
Governor Newsom ,
Mandatory Arbitration ,
New Legislation ,
Preemption ,
Settlement Agreements ,
Severance Agreements ,
State Labor Laws
Although California does not have a specific biometric privacy law like Illinois’s 2008 Biometric Information Privacy Act (BIPA) or its recently enacted 2019 Artificial Intelligence Video Interview Act (AIVIA), stay tuned for...more
Legislatures across the country are racing to keep up with the ever-expanding uses of artificial intelligence (AI) in the workplace. While to date much of the focus has been on ethical uses of AI, disclosures requirements,...more
When employees leave a company—whether it is due to a voluntary or involuntary separation—their former employers may worry about the security of the company’s confidential information and trade secrets. This article answers...more
On January 6, 2016, the U.S. District Court for the Northern District of California issued one of its first decisions interpreting the ex parte seizure provisions found in the recently enacted Defend Trade Secrets Act of 2016...more
On January 1, 2017, California Labor Code Section 925 went into effect. This new provision limits an employer’s ability to require employees to enter agreements that include out-of-state choice of law and/or forum selection...more
What Is the DTSA and How Is It Different From the Uniform Trade Secrets Act?
Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The...more
6/22/2016
/ Asset Seizure ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Ex Parte ,
Inevitable Disclosure Doctrine ,
Intellectual Property Protection ,
Misappropriation ,
Notice Requirements ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
Whistleblower Protection Policies
On May 11, 2016, President Barack Obama signed into law the long-awaited Defend Trade Secrets Act of 2016 (DTSA), which is effective immediately. Three key features of the DTSA include: (1) the creation of a federal private...more
5/13/2016
/ Asset Seizure ,
Barack Obama ,
Defend Trade Secrets Act (DTSA) ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Notice Requirements ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies