Promises and Perils: Guiding Principles for Employers Implementing Artificial Intelligence in the Workplace

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.  Pursuant to the Executive Order, on May 16, 2024, the U.S. Department of Labor (DOL) published the following eight principles regarding the development and use of AI in the workplace:

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Minnesota’s 2024 Legislation Updates: Employment Law

Last year, the Minnesota Legislature enacted sweeping changes to the employment law landscape through the Jobs and Economic Development and Labor Omnibus Budget Bill. Now, Governor Tim Walz has signed the 2024 Omnibus Labor and Industry Policy Bill and the 2024 Transportation, Housing, and Labor Omnibus Budget Bill, which bring about several notable changes to Minnesota law covering pregnancy accommodations, restrictive covenants in service contracts, minimum wage, information required in job postings, and oral fluid drug, cannabis, and alcohol testing. The bills also contain provisions enacting changes to Minnesota’s earned sick and safe time law, paid family and medical leave, and worker misclassification, and changes to the Minnesota Human Rights Act have also been enacted.

To view the full alert, visit the Faegre Drinker website.

Anti-DEI Updates: State Legislation and Honeyfund v. DeSantis

Honeyfund is part of a broader reconsideration of the limitations of DEI-related activity in the wake of Fair Admissions, which held race-conscious admissions policies violated the Equal Protection Clause of the Fourteenth Amendment. As current legislation and litigation trends illustrate, DEI-related legal battles do not seem to be abating anytime soon.

To view the full alert, visit the Faegre Drinker website.

Key U.S. District Court Ruling: Plaintiff’s Challenge to DEI Program Under Section 1981 Fails When She Lacked Standing Because She Did Not Apply

The America First Legal Foundation, which filed suit on behalf of the plaintiff, included this action on its website as one of its “featured actions” in the “DEI” space. This case is similar to many other challenges to DEI programs in that the lawsuit was being brought by a plaintiff who has not applied to the program at issue. All told, the court found that the plaintiff did not have standing to bring a claim derived from an allegedly discriminatory policy from which she had yet to be subjected. The plaintiff has appealed to the Fifth Circuit. As these cases continue to unfold — at the trial level and on appeal — organizations should be prepared to assert standing defenses when it becomes clear that a plaintiff did not take these affirmative steps.

To view the full alert, visit the Faegre Drinker website.

Key U.S. District Court Ruling: Plaintiff’s Challenge to DEI Program Under Section 1981 Fails When She Lacked Standing Because She Did Not Apply

Although the ruling has been appealed, plaintiffs bringing challenges to organizational DEI programs face standing concerns when they do not apply for or otherwise attempt to participate in those programs. As these cases continue to unfold, organizations should be prepared to assert standing defenses when it becomes clear that a plaintiff did not take these affirmative steps.

To view the full alert, visit the Faegre Drinker website.

Hurry Up (But Also Wait): The DOL’s Final Rule for Overtime Exemptions and Likely Legal Challenges

Employers should review their existing exempt workers’ salaries and identify whether any increases may need to be made to comply with the rule’s increases. They should also, though, keep an eye on any challenges that are filed, and be prepared to adjust and adapt as needed.

To view the full alert, visit the Faegre Drinker website.

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