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.
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.”…
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
New York recently enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or usage. The law takes effect May 7, 2022.
Continue Reading New York Imposes New Requirements for Employee Monitoring
The Illinois Biometric Information Privacy Act (BIPA) has spawned hundreds of class action lawsuits and a raft of unresolved issues. A core issue from a litigation perspective—as well as for companies bracing for potential lawsuits—is one of “standing,” and in particular, what BIPA claims can be brought by plaintiffs in what venues.
Continue Reading Beware BIPA Bifurcation: Plaintiffs’ New Gambit to Split BIPA Claims Between State and Federal Courts
As the California legislature session concluded at the end of August, a significant amendment to the CCPA finally passed both houses. California bill AB-1281 passed the Senate in the last days of the month, extending the business-to-business and employee/applicant carve-outs through January 1, 2022 (as we wrote about previously). The bill now sits with Governor Newsom to sign before the end of September.
Continue Reading CCPA Bill Extending Exemptions Passes Through California Legislature
With the current limited exemptions under CCPA for employment and business-to-business related information set to expire January 1, 2021, there is uncertainty over when businesses should prepare to extend CCPA compliance efforts to this type of information. However, a pending amendment in the California senate, and/or the impending CPRA ballot initiative in November may bring clarity to the issue.
Continue Reading What Will Come First: Pending CCPA Amendment Could Clarify Key Exemptions
As we move into the second quarter of 2020, governments around the country are analyzing how to best open up their economies. Part of this will include people returning to work, restaurants, retail establishments, and other places of public accommodation. Landlords, business owners, and others want to know how to take steps to reopen safely while government mitigation efforts are being developed to help slow the spread of COVID-19 until a vaccine is developed. And where authorities don’t have specific mitigation efforts, instituting protocols will fall squarely on landlords, business owners, and those who operate places of public accommodation.
Continue Reading Taking Temperatures During COVID-19: A Practical Toolkit
January 1, 2020, organizations that employ individuals based in Illinois will need to keep in mind the Artificial Intelligence Video Interview Act. This Act sets forth new requirements for video-recorded interviews using AI to analyze such recordings. The law is not limited to just Illinois residents. It applies to applicants for positions based in Illinois. While brief, and without any definitions, the Act requires three things before using AI technology in video interviews.
Continue Reading New Artificial Intelligence Law for Illinois Employers in January 2020
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
Washington State will have new restrictions on what employers can ask applicants regarding their wage and salary history starting July 28, 2019. The new legislation will prohibit employers from seeking wage or salary history from job applicants in the state. Additionally, employers will not be able to require that an applicant’s prior salary history meet certain criteria. There are some limited exceptions to this general rule. First, employer can confirm an applicant’s wage or salary if the applicant has voluntarily disclosed that history. Second, the employer can confirm the information after having negotiated and made an employment offer.
Continue Reading Washington Enacts Restrictions on Applicant Wage and Salary Questions