On August 22, 2024, the Michigan Department of Labor & Economic Opportunity (LEO) issued a press release on the heels of the Mothering Justice decision, about which we previously wrote, and which will drastically change the...more
8/26/2024
/ Hospitality Industry ,
Minimum Wage ,
Paid Leave ,
Paid Sick Leave ,
Restaurant Industry ,
Sick Leave ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
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
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. The law adds a new part...more
5/20/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Colorado ,
Innovative Technology ,
Machine Learning ,
Non-Discrimination Rules ,
Pending Legislation ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Risk Management
Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more
4/26/2024
/ ADEA ,
Algorithms ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Resume ,
Title VII
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 December 11, 2023, the City of San Francisco released the San Francisco Generative AI Guidelines (“Guidelines”). The Guidelines set forth parameters for City employees, contractors, consultants, volunteers, and vendors...more
2/21/2024
/ Artificial Intelligence ,
Bias ,
California ,
Critical Infrastructure Sectors ,
Discrimination ,
Innovative Technology ,
Local Ordinance ,
Machine Learning ,
Public Employees ,
San Francisco ,
Technology Sector
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
On August 9, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) and iTutorGroup, Inc. and related companies (collectively, “iTutorGroup”) filed a joint notice of settlement and a request for approval and...more
8/18/2023
/ ADEA ,
Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Bias ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Machine Learning ,
Settlement ,
Software
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
As we previously reported, on July 5, 2023, the New York City Department of Consumer and Worker Protection (DCWP) began enforcing Local Law 144 of 2021 (the “Law”) regulating the use of automated employment decision tools...more
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 Thursday May 4, 2023, the Biden-Harris Administration announced its plan to implement artificial intelligence (“AI”) safeguards to “protect people’s rights and safety.”...more
On Tuesday, April 25, 2023, the Equal Employment Opportunity Commission (“EEOC”), Consumer Financial Protection Bureau (“CFPB”), Justice Department’s Civil Rights Division (“DOJ”), and the Federal Trade Commission (“FTC”)...more
4/26/2023
/ Artificial Intelligence ,
Automated Systems ,
Bias ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Opportunities ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Joint Statements ,
Machine Learning ,
Regulatory Requirements ,
Unfair Competition
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