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:
Tag: Employer Liability
No Robot Bosses! Congress Takes on Employers’ Use of Artificial Intelligence
Sens. Bob Casey (D-PA) and Brian Schatz (D-HI) have recently introduced the No Robot Bosses Act (the Bill) to the Senate in an effort to regulate employers’ use of automated decision systems in the workplace. The Bill covers past and present candidates for employment as well as workers “performing work for remuneration.” This broad definition is of particular importance as many employers use AI to sift through past applications to solicit reapplications if a new position opens up.
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UK Immigration: Updates to Fines for Illegal Working and Renting
The Home Office acknowledged employment and housing as the leading factors for people illegally crossing the English Channel. These changes are intended to disincentivize illegal migration, as well as the businesses and landlords that may try to exploit such activities.
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California Supreme Court: Whistleblower Statute Protects Employees Who Disclose Allegedly Unlawful Conduct Even When it is Already Known to the Employer
Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct, even when the recipient of the disclosure is already aware of the conduct. This ruling expands the definition of “disclose” such that the law now covers a wider array of employee retaliation claims against employers.
Background
Section 1102.5(b) states that employers may not retaliate against an employee for disclosing information (or because the employer believes that the employee has disclosed or will disclose information) about conduct which the employee reasonably believes is unlawful.
Artificial Intelligence: EEOC Addresses Employer Liability When Using AI in Selection Procedures
The EEOC releases a technical assistance document exploring employers’ Title VII liability when incorporating AI tools and automated systems in employment selection procedures, and a new Texas district court rule prevents attorneys’ unchecked use of AI in preparing legal documents — we’re exploring these developments and the latest insurance regulatory news from California and Colorado in our briefing.
Florida Extends E-Verify Requirement to Private Employers
The Department of Homeland Security’s E-Verify program is a free web-based verification tool for employers to confirm newly hired employees’ work authorization in the United States. Although participation in E-Verify is generally voluntary for employers, some states require employers to use E-Verify in certain contexts. Florida is the most recent state to update its E-Verify laws with Gov. Ron DeSantis signing Senate Bill 1718 on May 10, 2023.
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