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California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more

Pumping the Brakes: New York Seeks to Curb AI Acceleration in Labor Market

The past several years have witnessed a notable uptick in workplace artificial intelligence related legislation and agency enforcement attention, specifically focused on the infusion of AI or so-called automated...more

An Oxymoron or a Road Map? US Department of Labor’s Artificial Intelligence and Worker Well-Being

The Department of Labor's (DOL) May 16, 2024 guidance, Artificial Intelligence and Worker Well-Being: Principles for Developers and Employers, published in response to the mandates of Executive Order 14110 (EO 14110)...more

OFCCP Issues Workplace AI Guidance for Federal Contractors and Subcontractors

In line with the mandates of President Biden’s Executive Order 14110, entitled “The Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” and its call for a coordinated U.S. government approach to...more

More Critical Than Ever: Cyber Risk "Tabletop Exercises" in the AI Infused Workplace

Since the dawn of digitalization, the collection and retention of personal and other business confidential data by employers has implicated security and privacy challenges—by amassing a treasure trove of data for bad actors...more

Insurers in the Crosshairs: New York Targets Consumer Data and AI-Infused Insurance Underwriting and Pricing

As the implementation and integration of artificial intelligence and machine learning tools (AI) continue to affect nearly every industry, concerns over AI’s potentially discriminatory effects in the use of these tools...more

Getting a Grip on Griping

Almost a decade ago, in September 2014, California was the first state in the nation to enact legislation prohibiting non-disparagement clauses that aimed to prevent consumers from writing negative reviews of a business....more

Taking Stock of New York City’s Automated Employment Decision Tools Law

While recent public attention has largely focused on generative artificial intelligence (AI), the use of AI for recruitment and promotion screening in the employment context is already widespread.  It can help...more

California Privacy Protection Agency Public Board Meeting Sheds Light on Upcoming Risk Assessment and Cybersecurity Audit...

The five-member Board of the California Privacy Protection Agency (the “CPPA”) held a public meeting on September 8, 2023, to discuss a range of topics, most notably, draft regulations relating to risk assessments and...more

How Much Does the EEOC and iTutorGroup Settlement Really Implicate Algorithmic Bias?—Four Notable Points for Employers

On August 9, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) and iTutorGroup, Inc. and related companies (collectively, “iTutorGroup”) filed a joint notice of settlement  and a request for approval and...more

More Details Emerge about the “No Robot Bosses Act”: Congress’s Latest Effort to Regulate Automated Systems and Artificial...

After releasing an initial two-page “fact sheet,” Congress publicly posted the bill text of the No Robot Bosses Act (the “Proposed Act”), detailing proposed federal guardrails for use of automated decision-making systems in...more

The No Robot Bosses Act Aims to Regulate Workplace AI

On July 20, 2023, U.S. Senators Bob Casey (D-PA) and Brian Schatz (D-HI) introduced the “No Robot Bosses Act.”  Other than bringing to mind a catchy title for a dystopic science fiction novel, the bill aims to regulate the...more

The California Attorney General and the California Privacy Protection Agency Are Accelerating Enforcement on CCPA/CPRA...

California businesses, including employers, who have not already complied with their statutory data privacy obligations under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA),...more

EEOC Issues New Workplace Artificial Intelligence Technical Assistance

Since late October 2021, when the Equal Employment Opportunity Commission (EEOC) launched its Initiative on Artificial Intelligence (AI) and Algorithmic Fairness, the agency has taken several steps to ensure AI and other...more

Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more

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