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As we previously reported here, here, and here, employers must navigate a rapidly evolving legal landscape as artificial intelligence (AI) continues to transform the modern workplace. From federal rollbacks to aggressive state-level regulation, the use of AI in employment decisions—particularly in hiring, performance management, and surveillance—has become a focal point for lawmakers, regulators, and litigators alike. This article contains an overview of the shifting federal landscape on the use of AI at work, the state level response, and offers recommendations for employers to mitigate risk.Continue Reading Where Are We Now With the Use of AI in the Workplace?

On January 20, 2025, President Trump issued an Executive Order titled, “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” (the “EO”). The EO declares that “[i]t is the policy of the United States to recognize two sexes, male and female.” The EO explicitly rejects “gender ideology,” which, according to the EO, includes the notion “that males can identify as and thus become women and vice versa” and “it is possible for a person to be born in the wrong sexed body.”Continue Reading Analyzing President Trump’s “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” Executive Order

On January 21, 2025, President Trump signed an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Executive Order is a major pivot in federal policy regarding affirmative action and diversity initiatives, which have been in place for decades, particularly within federal contracting. The implications of this Executive Order are far-reaching, affecting both federal contractors and private employers across the United States.Continue Reading Analyzing President Trump’s Latest Executive Order Titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”

Many employers are already familiar with California’s Fair Chance Act (“FCA”), which went into effect in 2018 and governs how employers may consider an applicant’s criminal history in hiring decisions. Effective October 10, 2024, San Diego County adopted its own Fair Chance Ordinance (“SDFCO”). Covered employers in the County must now comply with both the county’s SDFCO in addition to the state’s FCA.Continue Reading San Diego County Adds Local Restrictions for Covered Employers to Comply with in Addition to California’s Fair Chance Act

On July 31, 2024, Massachusetts Governor Maura Healey signed into law a bill that makes Massachusetts the 11th state to mandate pay transparency, joining California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, New York, Rhode Island, and Washington.Continue Reading Massachusetts Joins the Pay Transparency Game and Ups the Ante with New Reporting Requirements

On November 2, 2023, the New York City Council passed a bill[1] requiring the New York City Department of Consumer and Worker Protection (“DCWP”), in coordination with the Mayor’s Office of Immigrant Affairs (“MOIA”), the New York City Commission on Human Rights (“NYCCHR”), and community and labor organizations, to create and publish a workers’ bill of rights.Continue Reading New York City Employers Must Display Workers’ Bill of Rights Poster Beginning July 1, 2024

The District of Columbia will soon require employers to disclose pay ranges in job postings after Mayor Muriel Bowser signed the Wage Transparency Omnibus Amendment Act of 2023 into law on Friday January 12, 2024. When it goes into effect on June 30, 2024, the District will join a growing number of states with wage transparency laws, including Illinois, California, New York, Colorado, Massachusetts, and Washington State.Continue Reading DC Joins the Wage Transparency Movement

In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024.Continue Reading Looking Ahead: New California Employment Laws for 2024

On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill No. 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to create a “rebuttable presumption of retaliation” if an employee experiences an adverse employment action within 90 days of engaging in any protected activity covered by the specified sections. This new law, which will become effective on January 1, 2024, also entitles a prevailing plaintiff civil penalties for each violation.Continue Reading New California Law Makes It Easier for Employees to Establish Retaliation Claims for Alleged Labor Code Violations

On August 4, 2023, the New York legislature introduced Senate Bill 07623 (“S07623”), which would dramatically restrict employers’ ability to use both electronic monitoring and automated employment decision-making technology in the state. As currently written, S07623 would apply to all New York employers regardless of size, including an employer’s labor contractors. While S07623 is currently being reviewed by the Rules Committee and still must work its way through the legislative process, it is expected to pass in some form. Because S07623 would create significant new obligations and restrictions for New York employers, they should take note of its requirements and track its progress.Continue Reading Rage Against the Machine: New York Bill Would Dramatically Limit Employers’ Ability to Use Electronic Monitoring and Automated Employment Decision Tools