In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more
4/30/2025
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Popular ,
Reasonable Accommodation ,
Software
In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more
In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of “black...more
In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more
In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik,...more
In the nearly four years since Joe Biden was sworn in as President in 2021, groundbreaking advances in artificial intelligence (AI) became widely available that offer the potential to revolutionize employment-related...more
On September 24, 2024, the United States Department of Labor (“DOL”) announced the publication of an AI & Inclusive Hiring Framework (the “Framework”). As discussed below, the Framework sets forth ten “Focus Areas” for...more
On January 12, 2024, D.C. Mayor, Muriel Bowser, signed the “Wage Transparency Omnibus Amendment Act of 2023.” If not overturned during the subsequent 30-day Congressional review period, beginning June 30, 2024, employers with...more
As previously reported, the OFCCP has established a Contractor Portal where federal government contractors can register and certify they have developed and maintained affirmative action programs at each of their...more
As previously reported, OFCCP recently launched its Contractor Portal, which requires certain federal government contractors to register and certify their compliance with the requirement to develop and maintain Affirmative...more
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2022 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2022, the new benchmark is 5.5%, a slight decrease...more
As previously reported, OFCCP has developed a Contractor Portal through which contractors are to certify compliance with their obligation to develop and maintain Affirmative Action Programs (“AAPs”). Contractors may begin...more
As we previously reported, the OFCCP received approval and has launched a “Contractor Portal” which will be used to, among other things, have non-construction contractors annually certify compliance with their affirmative...more
On December 2, 2021, OFCCP announced the launch of its new “Contractor Portal,” which “covered federal contractors and subcontractors (“contractors”) must use … to certify, on an annual basis, whether they have developed and...more
Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more
11/19/2021
/ Competition ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who heads up Proskauer’s D.C. Employment Law practice and co-chairs our Non‑Compete and Trade Secrets Practice group and Daryl Leon, an associate in...more
Tune in as we discuss “The Ban on Non-Compete Agreements Amendment Act of 2020,” a law that is set to take effect in our nation’s capital in 2022. The law essentially bans all employers from entering into any agreements that...more
In a step toward implementation of OFCCP’s Affirmative Action Program (“AAP”) Verification Initiative, the Office of Management and Budget (OMB) approved an Affirmative Action Program Verification Interface (AAP-VI) that...more
On September 3, 2021, OFCCP issued a notice requiring federal contractors to use the recently released 2014-2018 Equal Employment Opportunity Tabulation (“2018 EEO Tab”) to develop any Affirmative Action Programs (“AAPs”)...more
Quick Hit. On May 21, 2021, Councilmember Elissa Silverman proposed the Non-Compete Conflict of Interest Clarification Amendment Act of 2021 (the “Bill”), which would amend D.C.’s Ban on Non-Compete Agreements Amendment Act...more
On January 11, 2020, Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law, moving the District one step closer to implementing one of the broadest, if not the broadest bans on...more
Quick Hit: On December 17, 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, subject to certain very narrow exceptions, will “make void and...more
Quick Hit: On August 3, 2020, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (the “Order”), which requires federal agencies to perform...more
During the early days of the coronavirus pandemic, the Maryland legislature passed over 600 pieces of legislation, many of which relate to employment issues. Several of these bills, including ones that prohibit use of facial...more
5/27/2020
/ Employee Privacy Rights ,
Employer Liability Issues ,
Facial Recognition Technology ,
Gender-Based Pay Discrimination ,
Governor Hogan ,
Grooming Policies ,
Hairstyle Discrimination ,
Hiring & Firing ,
Interviews ,
Job Applicants ,
Mini-Warn Acts ,
Notice Requirements ,
Prior Express Consent ,
Salary/Wage History ,
State Bans ,
State Labor Laws ,
State Legislatures ,
Voluntary Reduction in Force
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2020 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2020, the new benchmark is 5.7%, a slight decrease...more