Colorado recently became the first state to regulate the use of high-risk artificial intelligence (AI) systems to prevent algorithmic discrimination by developers and deployers of AI systems. The Colorado AI Act is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability for algorithmic discrimination.
Two recent decisions by the Minnesota Court of Appeals will impact Minnesota businesses facing potential discrimination claims under the Minnesota Human Rights Act (MHRA).
While in session, New York state legislators introduce all kinds of bills, most of which do not become laws, or at least not right away. But even unsuccessful bills can clue us in on what lawmakers are thinking, what policies might be trending, and what changes future laws might bring. New York businesses can stay ahead of the game—and avoid ugly surprises—by identifying those employment-related bills that could signal important changes to come. Here are a few proposed laws introduced by the New York Assembly since the beginning of 2024. While none of these have passed, and they may not pass this year, prudent businesses will keep themselves apprised of what legislators are focused on in this ever-changing landscape.
In 2021, there was a mass shooting at a high school in Michigan in which four students were killed. As a result of this shooting, not only was the shooter prosecuted, but the parents of the shooter were charged with criminal liability by their failure to take ordinary care to act appropriately, and are, therefore, being tried for four counts of involuntary manslaughter. The mother was recently convicted.
Other parents in the last few months have pled guilty to charges of reckless conduct or neglect in these situations. Given this pattern, it is reasonably foreseeable that employers—if such shootings take place in the workplace—may also be prosecuted or subject to stiff personal injury claims due to shootings in the workplace, if they do not follow at least the minimum standards as set out in state law regarding restrictions on weapons in the workplace.
As pay equity and transparency laws continue to spread across the country, the Equal Employment Opportunity Commission (EEOC) reminds us that both women and men can be subject to discriminatory pay practices based on gender.
On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B requirements and address issues of fraud that occurred in the previous H-1B lottery cycle. Comments for these proposed rules will be accepted through December 22, 2023.
In June 2022, the United States Supreme Court’s decision in Viking River Cruises v. Moriana allowed PAGA claims to be split into individual and non-individual (representative) claims, and consequently, under a valid enforceable arbitration agreement, employers could compel arbitration of individual PAGA claims. The U.S. Supreme Court’s ruling established that once individual claims are compelled to arbitration, the remaining non-individual claims should be dismissed for lack of standing. Justice Sotomayor, in her concurring opinion, warned that if the Court’s interpretation of California law as to standing was incorrect, the final authority would rest with the California courts and legislature.
It was widely reported last month—including by the Wall Street Journal and Associated Press— that the U.S. government is investigating alleged collusion by some companies to “increase the chances that their prospective foreign hires will win a coveted H-1B visa for skilled foreign workers in this year’s [visa] lottery,” as the Wall Street Journal