Colorado Senate Bill 24-205 (“SB205”), landmark legislation that expressly creates statutory tort liability for AI algorithmic discrimination in the employment context, has passed both houses of the Colorado General Assembly,...more
As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices. These tools can provide great value and efficiency across the...more
3/1/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Data Collection ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Security ,
Discrimination ,
Employer Liability Issues ,
Employer Responsibilities ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Innovative Technology ,
Intellectual Property Protection ,
International Data Transfers ,
Job Applicants ,
Notice Requirements ,
Personal Data ,
Popular ,
Privacy Concerns ,
Regulatory Oversight ,
Risk Management
Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’...more
I. Introduction -
A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT -
Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to...more
In a 2019 survey Littler conducted of over 1,300 in-house counsel, HR professionals and C-suite executives, more than 35% responded that their organization is using artificial intelligence (AI) in the recruiting and hiring...more
9/19/2019
/ Analytics ,
Artificial Intelligence ,
Data Collection ,
Data Management ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Innovative Technology ,
Interviews ,
Job Applicants ,
Labor Regulations ,
Notice Requirements ,
OFCCP ,
Prior Express Consent ,
Regulatory Requirements ,
Screening Procedures ,
Service Agreements ,
Third-Party Service Provider
Colorado has joined the ban-the-box legislative trend. Ban-the-box laws prohibit employers from asking applicants about criminal history on the employment application, thereby banning the once-common checkbox for applicants...more
Fair Credit Reporting Act (FCRA) class action lawsuits against employers are reaching epidemic proportions as class-wide settlements encourage more lawyers to move into this niche practice area....more
On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more
On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law...more
On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to...more
5/17/2016
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Popular ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more
On March 24, 2016, the Austin City Council passed the Fair Chance Hiring Ordinance, which will prohibit most employers from asking questions about or considering an individual’s criminal history until after making a...more
As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire...more
On November 25, 2015, Portland’s City Council unanimously passed new rules that will significantly affect an employer’s ability to obtain and use criminal history information in the hiring process. With these new rules,...more
The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever...more
8/5/2015
/ Americans with Disabilities Act (ADA) ,
Big Data ,
Class Action ,
Compliance ,
Data Protection ,
Data Security ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
OFCCP ,
Popular ,
Privacy Policy ,
Workplace Safety
On June 16, 2015, the Oregon House passed an amended version of House Bill 3025, which will prohibit most employers from asking questions about criminal history on job applications or at any other point in the hiring process...more
Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more
6/18/2015
/ Corporate Counsel ,
Employee Rights ,
Employment Policies ,
Hiring & Firing ,
New Legislation ,
Passwords ,
Popular ,
Privacy Laws ,
Social Media ,
Social Media Policy ,
Young Lawyers
The Washington, DC area has become the leading edge of the "ban-the-box" movement, with four new ban-the-box laws applicable to private employers enacted in the past six months. Baltimore, Maryland, started the trend when...more
The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more
The legislative torrent has been virtually unprecedented in the area of workplace privacy. In a single season, spring 2013, seven states enacted social media password protection legislation, bringing the total number of...more
Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has extended into our...more
Introduction -
Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has...more
On April 19, 2013, Colorado Governor John W. Hickenlooper signed into law Senate Bill 13-018 (the "Employment Opportunity Act"), which will significantly restrict the ability of Colorado employers to use “consumer credit...more