Federal Agencies Announce Inter-Agency Commitment to Protect Employees & Consumers from AI Discrimination

On May 1, 2023   /   Artificial Intelligence, Bias Audit, EEOC, Employment Law   /   1 Comment
Federal Agencies Announce Inter-Agency Commitment to Protect Employees & Consumers from AI Discrimination

A group of federal agencies recently announced a joint inter-agency commitment to enforcing civil rights and consumer protections as they apply to the quickly emerging AI technologies in the workplace.  On April 25, 2023, The U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and the Federal Trade Commission (FTC) held a joint press conference to recognize the growing use of AI in employment decision-making and

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Virginia Governor Signs Two New Employee Protection Bills into Law

On April 24, 2023   /   Employment Law, Non-Disclosure Agreements, Non-Disparagement Agreement, Virginia Employment Law   /   Leave a comment
Virginia Governor Signs Two New Employee Protection Bills into Law

Virginia Governor Glenn Youngkin has signed two new bills into law that provide greater privacy protections for employees, while ending the use of nondisclosure, confidentiality and non-disparagement agreements for employees who have experienced sexual harassment. The governor signed Senate Bill 1040, which prohibits employers from using an employee’s social security number (SSN), or any derivative of it, as a means of identification. Employers are also prohibited from including an employee’s SSN on any identification card

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NYC Announces New Enforcement Date for AI in Hiring Tools Regulation

On April 18, 2023   /   Artificial Intelligence, Bias Audit, Discrimination   /   2 Comments
NYC Announces New Enforcement Date for AI in Hiring Tools Regulation

New York City will begin enforcing its new law that regulates the use of AI in hiring tools, on July 5, 2023.   The city has delayed enforcement of the new law, called Local Law 144, since January, due to confusion over the implementation of bias audits in AI systems that employers use for screening job candidates.  The law mandates that employers must inform job candidates beforehand if they use automated hiring systems and conduct a

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New Bill Aimed at Tik Tok Might Ensnare Businesses & Employees Using VPNs

On April 1, 2023   /   Intellectual Property, Technology Regulation   /   Leave a comment
New Bill Aimed at Tik Tok Might Ensnare Businesses & Employees Using VPNs

A new bill from Washington would give the federal government broad authority to police apps and technologies that it believes foreign adversaries are using to communicate or collect information on Americans.  Sponsored by Senator Mark Warner, the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act, would give the Secretary of Commerce the authority to review and prohibit certain transactions, communications and information sharing between persons in the United States

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No Protection for Generative AI Imagery: New U.S. Copyright Office Decision

On March 31, 2023   /   Artificial Intelligence, Copyright Law, Generative AI, Intellectual Property   /   Leave a comment
No Protection for Generative AI Imagery: New U.S. Copyright Office Decision

A recent decision by the U.S. Copyright Office established that the United States does not recognize copyright protection for images created by AI-driven image generators.  The Copyright Office recently granted copyright registration for a comic book, Zarya of the Dawn, after an individual filed an application with the agency. In the application, the individual listed herself as the author and stated that she created the comic book.  Shortly after registering the work, however, the Copyright Office

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New NLRB Guidance for Severance Agreement Non-Disparagement Provisions

On March 26, 2023   /   Employment Law, NLRB, Non-Disparagement Agreement   /   Leave a comment
New NLRB Guidance for Severance Agreement Non-Disparagement Provisions

New guidance from the National Labor Relations Board (NLRB) is helping employees to understand the limits of non-disparagement clauses in severance agreements. According to a memo to NLRB field offices, lawful severance agreements are still permitted, as long as they do not contain overly broad provisions that affect employee rights to engage with one another to improve their working conditions.  As noted in the recent McLaren Macomb decision, the Board reaffirmed longstanding precedent that employers violate the

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Pay Transparency: Your Employer Can’t Tell You Not to Discuss Your Salary

On March 16, 2023   /   Washington, DC, Employment Law   /   Leave a comment
Pay Transparency: Your Employer Can’t Tell You Not to Discuss Your Salary

Has your employer told you not to discuss or compare your salary with co-workers? Your employer is wrong.  You may freely discuss your salary and benefits in Washington, D.C., Maryland and Virginia. Your employer cannot lawfully stop you. State and federal law protect an employee’s ability to discuss their pay freely and openly without fear of retaliation or termination.  Washington, D.C. Employees In the District of Columbia, the D.C. Wage Transparency Act restricts employers from

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Human Rights in D.C. Now Includes Reproductive Health Decisions

On March 16, 2023   /   Employment Law, Pregnancy Discrimination, Reproductive Health, Washington, DC, Employment Law   /   Leave a comment
Human Rights in D.C. Now Includes Reproductive Health Decisions

The District of Columbia recently updated it human rights laws to include a revised definition of sex discrimination in employment.  The updated law defines sex as “the state of being biologically male, female, or intersex, including associated medical conditions and reproductive health decisions.” The revision expands the prohibition on sex-based discrimination to include adverse actions based on reproductive health decisions. The revised law prohibits employers from engaging in retaliatory, coercive, or interfering behavior due to

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NLRB Rules Non-Disparagement Terms of Severance Agreement Unenforceable

On February 23, 2023   /   Employment Law, Non-Disparagement Agreement, Severance Agreement   /   Leave a comment
NLRB Rules Non-Disparagement Terms of Severance Agreement Unenforceable

The National Labor Relations Board has ruled that severance agreements cannot prevent terminated employees from making disparaging statements about their former employer or disclosing the agreement’s terms.  In its ruling, the board overturned two decisions made during the Trump administration. The NLRB found that the previous decisions had departed from precedent and violated workers’ rights of the National Labor Relations Act’s Section 7, which allows workers to communicate when self-organizing.  The board stated that offering

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Noncompete Ban Closer with New Senate Bill

On February 23, 2023   /   Employment Agreements, Employment Law, Washington, DC, Employment Law   /   Leave a comment
Noncompete Ban Closer with New Senate Bill

A new bill introduced in the U.S. Senate aims to prohibit enforcement of most noncompete agreements in employment. In February, Senators Chris Murphy and Todd Young introduced the Workforce Mobility Act of 2023.  The bill is similar to previous versions introduced in 2019 and 2021 and has also been sponsored by Representatives Scott Peters, Mike Gallagher, and Anna G. Eshoo, as well as Senators Tim Kaine and Kevin Cramer. If passed, the bill would generally ban

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