On August 9, 2024, Illinois Governor J.B. Pritzker signed HB 3773 into law, amending the Illinois Human Rights Act (IHRA) to expressly regulate the use of artificial intelligence (AI) for employment decisions....more
8/14/2024
/ Artificial Intelligence ,
Automation Systems ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Illinois ,
Innovative Technology ,
Job Applicants ,
Labor Reform ,
Machine Learning ,
New Legislation ,
State Labor Laws
The Michigan Supreme Court has written the latest, and perhaps last, chapter of an ongoing saga affecting most Michigan employers. In Mothering Justice v. Attorney General, the Michigan Supreme Court fully restored sweeping...more
8/8/2024
/ Employee Benefits ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
MI Supreme Court ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
The Michigan Supreme Court has written the latest, and perhaps last, chapter of an ongoing saga affecting most Michigan employers. In Mothering Justice v. Attorney General, the Michigan Supreme Court fully restored sweeping...more
8/8/2024
/ Compensation & Benefits ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
MI Supreme Court ,
Minimum Wage ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more
7/17/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Machine Learning ,
Regulatory Violations ,
Title VII
The Department of Labor's (DOL) May 16, 2024 guidance, Artificial Intelligence and Worker Well-Being: Principles for Developers and Employers, published in response to the mandates of Executive Order 14110 (EO 14110)...more
In response to President Biden’s Executive Order 14110 calling for a coordinated U.S. government approach to ensuring the responsible and safe development and use of AI, the U.S. Department of Labor Wage and Hour Division...more
5/30/2024
/ Artificial Intelligence ,
Automation Systems ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Polygraph Protection Act (EPPA) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Field Assistance Bulletins ,
Machine Learning ,
Reasonable Accommodation ,
Wage and Hour
In line with the mandates of President Biden’s Executive Order 14110, entitled “The Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” and its call for a coordinated U.S. government approach to...more
5/30/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Bias ,
Employees ,
Employer Liability Issues ,
Federal Contractors ,
Innovative Technology ,
Machine Learning ,
New Guidance ,
Non-Discrimination Rules ,
OFCCP ,
Regulatory Requirements ,
Subcontractors
On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205—concerning consumer protections in interactions with artificial intelligence systems—after the Senate passed the bill on May 3, and the House of...more
5/20/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Colorado ,
Employer Liability Issues ,
Innovative Technology ,
Machine Learning ,
New Legislation ,
Popular ,
Regulatory Reform ,
Regulatory Requirements
Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer. While the FCRA can impose burdensome requirements on the...more
A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15. In...more
3/6/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Entrance Interviews ,
Facial Recognition Technology ,
Hiring & Firing ,
Personal Data ,
Personally Identifiable Information ,
Statutory Interpretation ,
Videoconference
On October 30, 2023, President Joe Biden signed his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI EO), which addresses artificial intelligence issues, including...more
After releasing an initial two-page “fact sheet,” Congress publicly posted the bill text of the No Robot Bosses Act (the “Proposed Act”), detailing proposed federal guardrails for use of automated decision-making systems in...more
8/16/2023
/ Artificial Intelligence ,
Automation Systems ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Innovative Technology ,
Labor Reform ,
Legislative Agendas ,
Machine Learning ,
Proposed Legislation ,
Regulatory Agenda ,
Robots
On July 20, 2023, U.S. Senators Bob Casey (D-PA) and Brian Schatz (D-HI) introduced the “No Robot Bosses Act.” Other than bringing to mind a catchy title for a dystopic science fiction novel, the bill aims to regulate the...more
8/1/2023
/ Artificial Intelligence ,
Automation Systems ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Innovative Technology ,
Labor Reform ,
Machine Learning ,
Proposed Legislation ,
Regulatory Agenda ,
Robots
Michigan is the latest state to expand its legal definition of race as a protected class to include hairstyle descriptors. As we recently explained, legislation with the acronym for “Creating a Respectful and Open Work for...more
Since late October 2021, when the Equal Employment Opportunity Commission (EEOC) launched its Initiative on Artificial Intelligence (AI) and Algorithmic Fairness, the agency has taken several steps to ensure AI and other...more
On April 6, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Notice of Adoption of Final Rule to implement Local Law 144 of 2021, legislation regarding automated employment decision tools...more
On March 8, 2023, the Michigan Legislature passed Senate Bill 4, amending the Elliott Larsen Civil Rights Act (ELCRA), and adding protections for individuals based on their sexual orientation, gender identity or expression. ...more
On February 2, 2023, the Illinois Supreme Court filed an opinion in Jorome Tims v. Black Horse Carriers, Inc., holding that Illinois’ Biometric Information Privacy Act (BIPA) is subject to a single, five-year statute of...more
On January 26, 2023, a Michigan appellate court panel in Mothering Justice v. Attorney General issued a ruling to halt changes to the State’s paid sick leave law and an increase to the State’s minimum wage for hourly workers...more
As we recently reported, on December 9, 2022, the New York City Department of Consumer and Worker Production (“DCWP”) announced that it was postponing enforcement of the Automated Employment Decision Tools (“AEDT”) law, until...more
On December 21, 2022, the Michigan Supreme Court held that the Whistleblowers’ Protection Act (“WPA”) protects employees who report that their employer has violated “suspected” laws in a case called Janetsky v. County of...more
As we previously noted, New York City’s Automated Employment Decision Tools Law (“AEDT Law”), regulating employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions, had an...more
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more
11/17/2022
/ Artificial Intelligence ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Popular ,
Section 7
On Friday, September 23, 2022, the New York City Department of Consumer and Worker Protection (“DCWP”) released a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to its Automated Employment...more