New York’s Local Law 144 of 2021 will finally go into effect on July 5, 2023, after several delays. As we previously discussed, the law requires employers to provide candidates for employment and promotion with notice about the use of an AI system, offer them an opt out, and audit any such systems for bias. The law is intended to benefit job applicants and may provide useful guidance for employers who wish to use AI to help eliminate workplace bias.Continue Reading NY AI Laws Going Live Next Month

Beginning January 1, 2023, New York City will restrict employers from using artificial intelligence to make employment decisions unless they follow certain guidelines. The local law applies to employment decisions made “within the city” regarding job applicants and promotion decisions.Continue Reading New York City Set To Regulate Employment Decisions Made By AI

This summer the US Department of Justice settled with three poultry processors, Cargill Meat Solutions Corp., Sanderson Farms, Inc., and Wayne Farms, LLC. (U.S. v. Cargill Meat Solutions Corp. et al, 1:22-cv-01821 (D. Md. 2022)). The antitrust case focused on “long-running conspiracy to exchange information about wages and benefits for poultry processing plant workers and collaborate with their competitors on compensation decisions.” Continue Reading Poultry Processors Settle with Department of Justice Over Wage Information Exchanges

Artificial Intelligence is here to stay and New York City has enacted legal guidelines for employers who use it. NYC’s Automated Employment Decision Tools (AEDT) law will, effective January 1, 2023, set new standards for employers using AI tools in making employment decisions.
Continue Reading Silver Lining in New York City? New Requirements For Using A.I. in Employment Decisions

One of the amendments we’ve been watching over the past months is one that impacts rights of employees —both the company’s and other company’s employees. Under AB25, which passed the California Senate and is now awaiting governor signature, companies will be (for a year) exempted from providing current and former employees, job applicants, and contractors with the full suite of CCPA rights. Starting January 2020, however, these individuals must be provided with notice of information use. Access and deletion rights will not go into effect until January 2021.
Continue Reading What To Do About Employees Under CCPA: An Update

Continuing our series, we look today at what a company should think about when collecting biometric data. Three U.S. states—Illinois, Texas, and Washington—have laws on-point. The Illinois statute is the most specific requiring written notice disclosing the purpose of collection and the length of time biometric information will be stored. It also requires companies to obtain each individual’s written consent. Texas requires companies to inform individuals of collection and obtain consent, but neither must be written. In Washington, companies may either give notice, obtain consent, or “prevent the subsequent use of a biometric identifier for a commercial purpose.” Companies in compliance with the Illinois law would also satisfy the other states’ less specific requirements.
Continue Reading Biometric Breakdown Part II – Collection

Employees of Peacock Foods, an Illinois-based food product manufacturer, recently filed a lawsuit against their employer for alleged violations of Illinois’ Biometric Information Privacy Act. Under BIPA, companies that collect biometric information must inter alia have a written retention policy (that they follow). As part of the policy, the law states that they must delete biometric information after they no long need it, or three years after the last transaction with the individual. Companies also need consent to collect the information under the Illinois law, cannot sell information, and if shared must get consent for such sharing.
Continue Reading Employees Sue for Fingerprint Use