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Employers Take Note: Hollywood Writers' Agreement Addresses AI's Disruption of the Workplace

The Hollywood writers' strike ended last Tuesday with an agreement to manage the disruption caused by automation – a framework that likely will be repeated in other workplaces....more

Generative AI Is Here – Are Your Workplace Policies Ready?

As generative artificial intelligence (GAI) technology, like ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason, employers...more

EEOC Reminds Employers That Automated Decision-Making Systems Might Discriminate

Guidance explains the "four-fifths rule" to determine whether tools for hiring and promotion might result in a disparate/adverse impact on a protected class - Last week, the Equal Employment Opportunity Commission (EEOC)...more

Federal Agencies Will Jointly Look for Bias and Discrimination in AI - DOJ, FTC, CFPB, and EEOC Announce Joint Commitment to Use...

On April 25, 2023, the Federal Trade Commission (FTC), the Civil Rights Division of the U.S. Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and the U.S. Equal Employment Opportunity Commission...more

New York City Issues Final Rule on AI Bias Audit Law and Delays Enforcement to July

On April 6, 2023, the New York City Department of Consumer and Worker Protection ("DCWP") published a Notice of Adoption of Final Rule to implement New York City's recent law mandating bias audits of AI-enabled systems used...more

Federal Trade Commission Proposes Rule Banning Most Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission ("FTC") proposed a sweeping new rule that—if implemented—would ban a large percentage of non-compete agreements in the United States. The rule would apply to new as well as...more

New York City Revises Audit Rules for AI-Enabled Systems Used in Hiring and Employment

In late December, the New York City Department of Consumer and Worker Protection (DCWP or Department) issued revised rules to implement New York City Local Law 144 of 2021, which mandates bias audits of AI-enabled systems...more

NLRB General Counsel Pushes for "Vigorous Enforcement" of Employers' Use of Technology

Employers have long used electronic management tools to track and improve employee performance, including GPS on company vehicles, employee badges for access or timekeeping, and monitoring software on work computers. The...more

NYC Proposes Rules to Implement New AI Audit Law

New York City has proposed rules for implementing its new law requiring bias audits of automated employment decision-making tools (AEDTs) used within the city. The proposed rules answer some of the open questions about how...more

The NYC Department of Consumer and Worker Protection Issues Penalty Schedule For Violations of Automated Employment Decision Law

New York City has issued the first guidance related to its new "AI audit" law that will require employers and employment agencies to conduct bias audits of automated decision-making technologies used to evaluate job...more

NYC Law Requires Audits of AI-Driven Employment Decisions

New York City has passed the first law in the United States that will require employers to conduct audits of automated decision-making tools used to evaluate job candidates or employees. The law may have huge implications for...more

Proposed EEOC Regulations Prohibit Offering More Than De Minimis Incentives for Participating in Most Wellness Programs

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) proposed new rules regarding how employers can provide incentives to employees to participate in wellness programs without violating the law. The key is...more

Protecting Diversity, Equity, and Inclusion Efforts by Utilizing Attorney-Client Privilege

One positive trend in 2020 has been employers embarking upon, or significantly expanding, their diversity, equity, and inclusion (DEI) efforts. Oftentimes, it is human resources professionals or outside DEI consultants that...more

California and New York Employers Take Note: Anti-Harassment Training Deadlines Are Near

Employers in California and New York take note—important deadlines related to anti-harassment training requirements are fast approaching. These states require employers to provide almost all non-supervisor employees with...more

U.S. Supreme Court Rules Title VII Bars Discrimination Based on Sexual Orientation or Gender Identity

In a landmark 6-3 ruling, the U.S. Supreme Court held that Title VII of the 1964 Civil Rights Act protects LGBTQ employees from discrimination in the workplace based on sexual orientation or gender identity. The Court held...more

Employers Using AI in Hiring Take Note: Illinois' Artificial Intelligence Video Interview Act Is Now in Effect

On January 1, 2020, Illinois' new Artificial Intelligence Video Interview Act (AIVIA) went into effect, meaning Illinois employers must now comply with the law if they use artificial intelligence (AI) to analyze video...more

New Federal Privacy Bill Would Require Audits of Algorithmic Decision-Making

Senator Maria Cantwell (D-WA) and Democratic colleagues have proposed a sweeping data privacy bill that would require covered entities to audit certain "algorithmic decision-making" systems that use machine learning (ML) and...more

Illinois Becomes First State to Regulate Employers’ Use of Artificial Intelligence to Evaluate Video Interviews

With so many questions surrounding artificial intelligence’s effect on the workplace and workforce, one wonders whether future Labor Day celebrations will take on new meaning. ...more

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