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
7/17/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Machine Learning ,
Regulatory Violations ,
Title VII
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
7/12/2024
/ Algorithms ,
Artificial Intelligence ,
Employees ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Impact Assessments ,
Machine Learning ,
New York ,
Regulatory Agenda ,
Regulatory Oversight ,
Risk Assessment ,
State Legislatures
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
In response to President Biden’s Executive Order 14110 calling for a coordinated U.S. government approach to ensuring the responsible and safe development and use of AI, the U.S. Department of Labor Wage and Hour Division...more
5/30/2024
/ Artificial Intelligence ,
Automation Systems ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Polygraph Protection Act (EPPA) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Field Assistance Bulletins ,
Machine Learning ,
Reasonable Accommodation ,
Wage and Hour
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
5/30/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Bias ,
Employees ,
Employer Liability Issues ,
Federal Contractors ,
Innovative Technology ,
Machine Learning ,
New Guidance ,
Non-Discrimination Rules ,
OFCCP ,
Regulatory Requirements ,
Subcontractors
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
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
2/6/2024
/ Artificial Intelligence ,
Bias ,
Consumer Insurance Products ,
Data Management ,
Discrimination ,
Innovative Technology ,
Insurance Regulations ,
Machine Learning ,
NYDFS ,
Risk Management ,
Underwriting ,
Underwriting Agreements
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
1/29/2024
/ Complaint Procedures ,
Confidentiality Agreements ,
Consumer Contracts ,
Employment Contract ,
Goods or Services ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Online Platforms ,
Social Media ,
Yelp
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
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
9/13/2023
/ Artificial Intelligence ,
Audits ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Corporate Counsel ,
Cybersecurity ,
Data Management ,
Data Protection ,
Machine Learning ,
Popular ,
Regulatory Requirements ,
Risk Assessment
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
8/18/2023
/ ADEA ,
Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Bias ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Machine Learning ,
Settlement ,
Software
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
8/16/2023
/ Artificial Intelligence ,
Automation Systems ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Innovative Technology ,
Labor Reform ,
Legislative Agendas ,
Machine Learning ,
Proposed Legislation ,
Regulatory Agenda ,
Robots
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
8/1/2023
/ Artificial Intelligence ,
Automation Systems ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Innovative Technology ,
Labor Reform ,
Machine Learning ,
Proposed Legislation ,
Regulatory Agenda ,
Robots
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
7/27/2023
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personally Identifiable Information ,
State Privacy Laws
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
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