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Automated Decision Systems (ADS) Employer Liability Issues

Fisher Phillips

New EU Platform Work Directive Impacts Freelancers and Gig Economy: Here’s What Businesses Need to Know

Fisher Phillips on

The European Union took a big step last year towards regulating digital labor platforms – and member states will need to adopt the new directive before the end of 2026. The directive seeks to curb worker misclassification,...more

Fisher Phillips

California Regulators Adopt New Discrimination Rules For Automated-Decision Systems: 3 Steps for Employers Using AI in the...

Fisher Phillips on

California regulators recently adopted regulations regarding automated-decision systems (ADS) in the workplace, aiming to protect against employment discrimination given the dramatic rise in artificial intelligence use in...more

Tucker Arensberg, P.C.

Ai in the Workplace Series - Part 2: From Harrisburg to the White House: the Digital Gold Rush is Leaving Employers in the Dark

Tucker Arensberg, P.C. on

This is the second installment in our AI in the Workplace series, where we explore the rapidly evolving landscape of artificial intelligence and its impact on employers. In Part 1, we examined worker surveillance and FCRA...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Legislature Introduces Several Employment Law Bills for 2025

California lawmakers introduced numerous bills early in the 2025 legislative session that could affect California employment law in significant ways. Although it is too soon to predict which bills, if any, will advance, the...more

ArentFox Schiff

MA Job Applications Should Provide Notice That You Will Not Use a Lie Detector Test as a Condition of Employment

ArentFox Schiff on

Though most in-house counsel (and even a lot of employment lawyers) are unaware, M.G.L. c. 149, Section 19B makes it unlawful for any employer to subject its employees or job applicants to a lie detector test....more

Perkins Coie

October Tip of the Month: U.S. Department of Labor Issues Guidance on AI in the Workplace

Perkins Coie on

On October 16, 2024, the U.S. Department of Labor (DOL) published new guidance on the use of artificial intelligence (AI) in the workplace (the AI Guidance). The AI Guidance is the most recent in a spate of federal, state,...more

Jones Day

Illinois Becomes Second State to Pass Broad Legislation on the Use of AI in Employment Decisions

Jones Day on

On August 9, 2024, Illinois Governor J.B. Pritzker signed into law H.B. 3773 (the "Act"), making Illinois the second state to pass broad legislation on the use of artificial intelligence ("AI") in employment decisions....more

DCI Consulting

State and Local AI Law Update: California AB 331 is Dead – Meet AB 2930

DCI Consulting on

California’s Assembly Bill (AB) 2930 was introduced by the California State Assembly Privacy and Consumer Protection Committee in February 2024 and, if signed into law, will impose certain requirements on entities doing...more

Bradley Arant Boult Cummings LLP

Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation

Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more

Paul Hastings LLP

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

Paul Hastings LLP on

The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

Miller Canfield

Department of Labor Issues Field Assistance Bulletin on Use of AI in the Workplace

Miller Canfield on

The United States Department of Labor (“DOL”), Wage and Hour Division recently issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other...more

Venable LLP

AI Hiring Tools: ACLU Warns Employers and AI Companies It Won't Stand for Deceptive "Bias-Free" Promises

Venable LLP on

We've all fallen victim to good marketing at some point. Just like all product and service providers, artificial intelligence (AI) companies are no fools when it comes to the benefits of good marketing....more

DCI Consulting

[Webinar] AI in Employment Decision Making: Following the Patchwork of State and Local Laws - August 14th, 2:00 pm - 2:30 pm EDT

DCI Consulting on

Employers are increasingly turning to innovative technology, like artificial intelligence (AI) or automated employment decision tools (AEDTs), to meet modern talent acquisition and human resource demands. This uptick in...more

Morgan Lewis

AI in the Workplace: The New Legal Landscape Facing US Employers

Morgan Lewis on

Artificial intelligence (AI) is quickly transforming the employment landscape, automating tasks, streamlining processes, and enhancing decision-making. At the same time, the technology raises concerns about potential biases,...more

DCI Consulting

NYC Local Law 144: Choose Your Auditor Wisely

DCI Consulting on

Overview - Readers of DCI blogs know all about New York City’s (NYC’s) Local Law 144 (LL-144). Briefly, this law applies when an Automated Employment Decision Tool (AEDT) is used to hire or promote individuals for a job...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Civil Rights Department Unveils New Proposed Regulations on Employers’ Use of AI and Automated Systems

The California Civil Rights Department (CRD) has released new proposed regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems that would affirm that the use of such...more

DCI Consulting

[Webinar] AI for Federal Contractors: OFCCP Issues EEO Guidance on Use of New Technology - June 4th, 2:00 pm - 2:45 pm EDT

DCI Consulting on

The use of artificial intelligence (AI) in the employment context has skyrocketed in the past year. Employers hoping to utilize this technology to increase efficiency and effectiveness have struggled to determine how federal...more

Fisher Phillips

3 AI Bills in Congress for Employers to Track: Proposed Laws Target Automated Systems, Workplace Surveillance, And More

Fisher Phillips on

Employers that use artificial intelligence – and developers that create AI systems – could be subject to extensive new laws under several bills introduced by federal legislators. While much of the existing legal landscape on...more

Mitratech Holdings, Inc

AI in HR: Navigating the Legal Landscape and Ensuring Fairness in Employee Selection

Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...more

Davis Wright Tremaine LLP

Automated Decisionmaking Technology in California: New Rules Would Impose Transparency, Notice, and Consumer Opt-Out Obligations...

On November 27, 2023, the California Privacy Protection Agency (CPPA) released draft regulations mandating notice, opt-out, and information access requirements for companies using automated decision-making technology (ADMT)...more

Fox Rothschild LLP

What Issues is EEOC Flagging for Systemic Cases? EEOC Tells Employers in New Strategic Enforcement Plan.

Fox Rothschild LLP on

EEOC makes no secret as to the policies and practices most likely to trigger systemic action. Indeed, since 2012, EEOC has issued official Strategic Enforcement Plans as a framework for focusing its efforts on areas that...more

Constangy, Brooks, Smith & Prophete, LLP

Cyber Chronicles IV: Bias, discrimination, and AI for employers

It’s an understatement to say that companies are excited about Artificial Intelligence. AI has the potential to optimize productivity and improve efficiency in many areas of a business. The potential benefits are undeniable,...more

Faegre Drinker Biddle & Reath LLP

No Robot Bosses! Congress Takes on Employers’ Use of Artificial Intelligence

Lawmakers nationwide are increasing efforts to comprehend and control employers’ use of Artificial Intelligence (AI). Sens. Bob Casey (D-PA) and Brian Schatz (D-HI) introduced the “No Robot Bosses Act” (the Bill) on July 20,...more

Kilpatrick

NYC Tackles AI and Automated Decision-making in Employment and Recruiting

Kilpatrick on

As the public and private sectors continue to struggle with harnessing the opportunities and risks associated with AI, New York City tackled a discrete area of AI-related concern – employment and recruiting – with the...more

DCI Consulting

EEOC Settles First AI Hiring Bias Lawsuit

DCI Consulting on

The U.S. Equal Employment Opportunity Commission (EEOC) settled its first lawsuit concerning artificial intelligence (AI) bias in hiring with iTutorGroup Inc. (now known as Fullmind), an organization that provides...more

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