#WorkforceWednesday: AI Technology Regulations, Transparency in AI, OSHA's Permanent COVID-19 Standard - Employment Law This Week®
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
As of March 2025, 24 states have adopted the National Association of Insurance Commissioners (NAIC) Model Bulletin on the Use of Artificial Intelligence (AI) Systems by insurers with little to no material changes. As we...more
With the warranty industry evolving in the U.S., companies seeking to modernize conventional warranties by leveraging advanced technologies such as artificial intelligence (AI) are faced with unique regulatory questions and...more
A new bill in California, SB 7, proposed by State Senator Jerry McNerney, seeks to limit and regulate the use of artificial intelligence (AI) decision making in hiring, promotion, discipline, or termination decisions. Also...more
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
In advance of its April 4, 2025, board meeting, the California Privacy Protection Agency (CPPA) released a discussion draft of revisions to its proposed California Consumer Privacy Act (CCPA) regulations. These revisions...more
Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more
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
A high-profile AI policy report commissioned by California Governor Gavin Newsom has just set the stage for potential new AI regulation that could soon impact your hiring processes, workplace surveillance, and AI-fueled...more
On February 20, the Virginia legislature passed the High-Risk Artificial Intelligence Developer and Deployer Act (HB 2094), a bill that aims to prevent algorithmic discrimination by imposing requirements on businesses that...more
On February 27 2025, the Court of Justice of the European Union (CJEU) delivered a judgment in CK v Dun & Bradstreet (Case C-203/22). This judgment clarifies the GDPR provisions regarding the right of access to personal...more
Another California lawmaker wants the state to be at the forefront of AI regulation, unveiling the “No Robo Bosses” Act and taking direct aim at the use of AI in the workplace. Senate Bill 7, released by Senator Jerry...more
In the absence of comprehensive artificial Intelligence ("AI") regulation at the federal level, state and local legislatures have been busy considering their own AI legislation. Laws regulating automated decision making have...more
A newly proposed California bill seeks to regulate artificial intelligence decision-making tools in employment and other key areas – but will this proposal suffer the same fate as last year’s doomed legislative efforts?...more
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
The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers...more
Early in the new year, the US Food and Drug Administration (FDA) released two anticipated draft guidance documents focused on artificial intelligence (AI): Artificial Intelligence-Enabled Device Software Functions: Lifecycle...more
No one intentionally sets out to make a mistake. Yet, it has long been recognized by some of our greatest innovators from Thomas Edison to Albert Einstein to Henry Ford that making mistakes (and learning from them) is the key...more
The rise of AI agents—autonomous decision-making systems—is set to revolutionize business operations by significantly expanding the role of AI beyond generative models like ChatGPT. Unlike traditional AI tools, agentic AI can...more
Colorado waded into the deep end of AI regulation last year with the Colorado AI Act (Senate Bill 24-205), a sweeping law designed to rein in the risks of artificial intelligence (AI) and automated decision systems (ADS)....more
On January 23, 2025, the President issued an Executive Order on “Removing Barriers to American Leadership in Artificial Intelligence.” The Executive Order seeks to position the Country as a global leader in AI innovation. ...more
Early signals from the Trump administration suggest it may move away from the Biden administration’s regulatory focus on the impact of artificial intelligence (AI) and automated decision-making technology on consumers and...more
The European Commission recently issued a formula for identifying Artificial Intelligence Systems: Machine-based system- Designed to operate with varying levels of autonomy- •Some degree of independence of actions from...more
Artificial intelligence (AI) is increasingly being integrated into health care operations, from administrative functions such as scheduling and billing to clinical decision-making, including diagnosis and treatment...more
If you’re in recruiting, you know that AI is thrown around a lot. AI in recruiting is no longer a concept to keep an eye on for the future. It’s here, reshaping how businesses find talent and build hiring processes....more