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Keith represents clients in a wide range of labor and employment litigation matters. He is dedicated to working closely with clients in order to assess and analyze risk while executing appropriate and cost-effective strategies for all phases of litigation. While Keith has a broad background in litigation, he chose to focus his practice on labor and employment because of the opportunities the area presented to offer preventative counsel outside of the courtroom.

The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate federal and California anti-discrimination laws. Workday moved to dismiss the claims, on the basis that it is not a covered employer under any of the applicable anti-discrimination laws, which the Court granted in part and denied in part. Specifically, the Court dismissed the plaintiff’s intentional discrimination claims and an aiding and abetting claim under California’s anti-discrimination law, but allowed disparate impact discrimination claims to proceed against Workday based on the argument that Workday was an “agent” of the employers to which the job applicant applied.    

The Colorado Division of Labor and Employment (CDLE) had a busy last few weeks of December in 2022, revising a number of its Interpretive Notice and Formal Opinions (INFOs). On December 23, 2022, CDLE issued a revised INFO #16 regarding Deductions From, and Credits Towards, Employee Pay.

The Colorado Wage Act (C.R.S. § 8-4-105(1)(e))

Businesses subject to the CCPA and that have California employees or deal with other California companies will need to engage in substantial efforts to update their privacy programs. We outline some of the necessary steps on Husch Blackwell’s Byte Back blog: https://www.bytebacklaw.com/2022/09/california-legislature-fails-to-extend-ccpa-employee-and-b2b-data-exemptions/#more-4025

In light of the wave of substantial changes to Colorado’s employment laws, a recent less significant change may have escaped the attention of your human resources team. Recently passed Senate Bill 22-234 reshapes how unemployment benefits are administered and funded in Colorado. One of the new law’s provisions requires employers to provide employees with additional information for unemployment benefits upon separation, including identifying the reason for separation.