News & Analysis as of May 2, 2025

Notice Requirements

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

No Robo Bosses: Proposed Legislation to Curb AI in the Workplace

Snell & Wilmer on 4/21/2025

In recent years, the increasing use of automated decision systems(“ADS”) in employment practices has raised concerns over worker rights, privacy, and fairness. As AI systems become more sophisticated and widespread, the...more

Virginia Lawmakers Pass AI Discrimination Law, But Will the Governor Approve? What Employers Need to Know

Fisher Phillips on 2/25/2025

Virginia lawmakers just passed a groundbreaking AI anti-discrimination bill, setting the stage for new workplace compliance obligations – but that’s only if Gov. Glenn Youngkin signs it into law. Following the lead of...more

New York’s Impending WARN Notice Requirement for Artificial Intelligence Related Layoffs Highlights Proliferating Nationwide...

Polsinelli on 1/24/2025

During her 2025 State of the State Address on January 14, 2025, New York Governor Kathy Hochul announced a plan to support workers displaced by Artificial Intelligence (AI) by requiring employers who engage in mass layoffs or...more

New Illinois Employment Laws (Likely) Coming Soon!

FordHarrison on 7/12/2024

The Illinois Legislature has been busy this 2024 session, passing more than 10 new employment laws or amendments to existing employment laws in May 2024, only one of which in any manner affirmatively helps employers. We will...more

Colorado’s Landmark AI Legislation Would Create Significant Compliance Burden for Employers Using AI Tools

Littler on 5/17/2024

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

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

Fisher Phillips on 3/18/2024

At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

Littler on 3/1/2024

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

[Webinar] 2024 Expert Summit for Employment Attorneys - February 28th, 2:30 pm EST

DCI Consulting on 1/29/2024

DCI Consulting is excited to present its second annual Expert Summit for Employment Attorneys. DCI is providing this Expert Summit as a service to the legal community. The webinars that comprise the Expert Summit will focus...more

Are You Compliant with NYC’s New Rules for Using AI in the Workplace? Answers to Your Top 7 Questions

Fisher Phillips on 7/31/2023

Businesses that use artificial intelligence tools to hire and promote employees in the Big Apple are navigating uncharted waters as they grapple with significant compliance obligations. New York City’s first-of-its-kind law...more

Prove It or Lose It: New York City Cracks Down on AI Hiring Software

DarrowEverett LLP on 7/24/2023

Artificial Intelligence (“AI”) programs have gained notoriety by injecting ease into otherwise burdensome and difficult daily tasks. However, as with most innovative advancements, AI has also drawn concern from skeptics...more

Benefits and Legal Risks of Using Generative AI in Hiring Offers

Foster Swift Collins & Smith on 7/11/2023

Foster Swift attorneys Tony Dalimonte and Michael Cassar recently teamed-up for a presentation on the potential legal risks related to the use of artificial intelligence (AI) tools in the recruiting and hiring process. ...more

New York City Releases New Guidance on Law Regulating Use of Automated Employment Decision-Making Tools

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/5/2023

On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the...more

As July 5th Rapidly Approaches, the New York City DCWP Provides Much-Needed Guidance on Artificial Intelligence Employment...

BakerHostetler on 6/12/2023

On May 22, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) held an employer roundtable about Local Law 144, New York City’s law regulating the use of Artificial Intelligence in the employment...more

The Informed Board - Spring 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 5/25/2023

Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the...more

NYC Department of Consumer and Worker Protection Issues Guidance on Automated Employment Decision Tool Law

Harris Beach Murtha PLLC on 4/27/2023

On April 6, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Final Rule to provide guidance regarding the City’s Automated Employment Decision Tool (“AEDT”) Law, which we covered in more...more

[Webinar] Auto-Hiring? What to Know When Using AI in Hiring - March 8th, 2:00 pm - 3:00 pm ET

Epstein Becker & Green on 3/2/2023

New York City’s Local Law 144, which regulates the use of “automated employment decision tools” in hiring decisions, went into effect on January 1, 2023, and will be enforced effective April 15, 2023. Most commentators view...more

New York City’s Automated Employment Decision Tools Law: Proposed Rules Are Finally Here

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/27/2022

On September 23, 2022, the New York City Department of Consumer and Worker Protection published proposed rules to implement the city’s automated employment decision tools (AEDT) law. The law, which will take effect on...more

NYC Artificial Intelligence Law on Employment Practices Takes Effect January 1, 2023

Flaster Greenberg PC on 9/23/2022

On November 10, 2021, the New York City Council passed Int. No. 1894-A Relating to Automated Employment Decision Tools. This law is effective as of January 1, 2023. As 2023 creeps closer, prudent NYC employers will take steps...more

Navigating New York City's Artificial Intelligence Hiring Law

Venable LLP on 8/2/2022

Our Venable colleagues recently wrote on the proliferation of artificial intelligence in employer hiring practices and the Equal Employment Opportunity Commission's (EEOC) guidance relating to avoiding discriminating against...more

New Year Brings New Laws for New York Employers: 2021 Recap and 2022 Preview

Fisher Phillips on 12/29/2021

Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...more

Robots Beware: NYC Cracks Down on Artificial Intelligence Use in the Workplace

Fisher Phillips on 12/23/2021

New York City employers who use artificial intelligence technologies to recruit and hire candidates and promote employees will soon face significant compliance obligations aimed at preventing bias when using such technology....more

New York City Takes Aim at Artificial Intelligence in Employment

Lowenstein Sandler LLP on 12/16/2021

The rise of artificial intelligence and other computer-based, data-driven decisions may seem attractive to employers looking to parse a deep pool of qualified candidates. But concerns that biases may affect these automated...more

Mandatory “Bias Audits” and Special Notices to Job Candidates: New York City Aims to Regulate the Use of Artificial Intelligence...

Proskauer - Law and the Workplace on 3/11/2020

As previously discussed here, the use of artificial intelligence in the workplace has drawn scrutiny from regulatory bodies and activist groups who have expressed concern that such technology may not neutrally screen...more

NYC Employers: Watch For Proposed NYC Legislation Limiting the Use of AI in Hiring

Nilan Johnson Lewis PA on 3/6/2020

New York City is considering proposed legislation that would regulate the use of artificial intelligence in hiring. If passed, the new law would (effective January 1, 2022) require that, in order to sell an “automated...more

WPI State of the States: New Year, New Legislative Trends

Littler on 2/5/2020

The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills,...more

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