On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather...more
Join us for DWT’s Second Annual Employment Services seminar for Washington, D.C.-area clients and contacts on Tuesday, November 19. The agenda is now available!...more
11/5/2024
/ Artificial Intelligence ,
Bias ,
Continuing Legal Education ,
Employee Mobility ,
Employer Liability Issues ,
Employer Rights ,
Employment Contract ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Injunctions ,
Job Applicants ,
Misclassification ,
Non-Compete Agreements ,
Recruitment Policies ,
Trade Secrets ,
Wage and Hour ,
Webinars
The Hollywood writers' strike ended last Tuesday with an agreement to manage the disruption caused by automation – a framework that likely will be repeated in other workplaces....more
As generative artificial intelligence (GAI) technology, like ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason, employers...more
6/9/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Compliance ,
Confidentiality Policies ,
Copyright ,
Defamation ,
Ethics ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Policies and Procedures ,
Privacy Laws ,
Trade Secrets ,
Training ,
Workplace Communication
Guidance explains the "four-fifths rule" to determine whether tools for hiring and promotion might result in a disparate/adverse impact on a protected class -
Last week, the Equal Employment Opportunity Commission (EEOC)...more
On April 6, 2023, the New York City Department of Consumer and Worker Protection ("DCWP") published a Notice of Adoption of Final Rule to implement New York City's recent law mandating bias audits of AI-enabled systems used...more
In late December, the New York City Department of Consumer and Worker Protection (DCWP or Department) issued revised rules to implement New York City Local Law 144 of 2021, which mandates bias audits of AI-enabled systems...more
Earlier this week, the New York City Department of Consumer and Worker Protections (DCWP) announced that it would delay enforcement of the New York City AI audit law from January 1, 2023, to April 15, 2023....more
New York City has proposed rules for implementing its new law requiring bias audits of automated employment decision-making tools (AEDTs) used within the city. The proposed rules answer some of the open questions about how...more
New York City has issued the first guidance related to its new "AI audit" law that will require employers and employment agencies to conduct bias audits of automated decision-making technologies used to evaluate job...more
The New York State legislature has passed a wage transparency law (available here), which has been sent to New York's Governor Kathy Hochul for signature. If signed, the NYS law would be effective 270 days later. The NYS law...more
On January 14, 2022, the New York State Department of Health (NYSDOH) updated its Isolation & Quarantine Guidance to reflect the Centers for Disease Control and Prevention's (CDC) recommendation that individuals who have...more
New York City has passed the first law in the United States that will require employers to conduct audits of automated decision-making tools used to evaluate job candidates or employees. The law may have huge implications for...more