In the rapidly developing world of AI, federal regulators are again signaling that businesses and HR managers cannot depend on a “data made me do it” defense to employment decisions made with the help of AI systems. Expanding on guidance it released in May, the US Department of Labor (DOL) issued new guidance on October
Labor and Employment
The AI revolution: Europe, we need your help!
If the technological developments of this decade are to be described in one (or actually, three) words, they will be, without a doubt, be (generative) artificial intelligence. AI is everywhere these days: it’s in the news, it’s on our phones, it’s writing your mum’s Christmas cards … there is no escaping it. But how much…
Illinois Enacts New AI Legislation, Joining Colorado as the Only States Regulating Algorithmic Discrimination in Private Sector Use of AI Systems (US)
As we have previously reported about (here and here), 2024 has been a historic year in the United States for state legislation aimed at protecting employees from harm arising out of the use of artificial intelligence (“AI”) systems. In May, Colorado passed the first US law addressing algorithmic discrimination in private sector use…
Artificial Intelligence (AI) Employment Discrimination Laws Proposed in Six States: What Employers Need to Know (US)
We recently wrote about Colorado’s historic law aimed at protecting, among others, employees and employment applicants from harm arising out of the use of artificial intelligence (AI) systems. Although Colorado is the first state to pass legislation addressing AI-based discrimination, similar bills have been proposed in at least six other states as well as at…
Could Artificial Intelligence Create Real Liability for Employers? Colorado Just Passed the First U.S. Law Addressing Algorithmic Discrimination in Private Sector Use of AI Systems (US)
On May 17, 2024, Colorado became the first U.S. state to pass a law aimed at protecting consumers from harm arising out of the use of artificial intelligence (“AI”) systems. Senate Bill 24-205, or the “CAIA,” is designed to regulate the private-sector use of AI systems and will impose obligations on Colorado employers, including…
Is your use of AI in the workplace compliant and guided by policies? (Germany)
The recent decision of the Hamburg Labour Court concerning a German works council’s attempt to enforce a ban on the use of AI in a workplace makes it clear once again that employers cannot simply let the use of AI run its course unchecked.
Employers are well advised to take a moment check their current…
Does permitting the use of AI in employment call the works council into action? Not necessarily, says the German Labour Court
The use of ChatGPT and its peers to make work easier and faster – whether permitted, tolerated or prohibited – is already part of everyday working life in many companies. However, the spread of that technology has raced far ahead of the law so the legal consequences of that use (employment rights and obligations, data…
Workplace monitoring – new guidance from the ICO
Workplace monitoring has become a matter of particular contention in recent years. In a world where remote and hybrid working practices have become the norm, many employers have concerns about what their employees are actually doing while ‘at work’ elsewhere. This has led to an increasing amount of discussion about monitoring employees who are working…
AI In the Workplace: Navigating a New Technological Frontier (US)
Since the launch of ChatGPT in November 2022, Generative Artificial Intelligence (“AI”) has taken the world by storm, attracting over 100 million users for both personal and professional use in less than one year. Given the growing popularity of ChatGPT and similar AI tools, it is likely that they will soon infiltrate your workplaces, if…
New York Update: NYS Amends WARN Regulations and NYC Provides Guidance on New Law Concerning Use of AI in Hiring (US)
New York State (NYS) and New York City (NYC) have been characteristically busy – enacting, amending and clarifying employment legislation.[1] This blog post discusses two significant changes: (1) amendments to the New York State WARN Act (NY WARN) regulations, which impacts New York employers state-wide, and (2) agency guidance clarifying employers’ compliance obligations with…