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In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more
While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more
In an era where President Trump has revoked existing federal AI policies and directives and federal agencies have followed suit, several state legislatures and courts are weighing in to account for potential AI-enabled bias...more
A high-profile lawsuit challenging algorithmic hiring practices is moving forward in Mobley v. Workday, Inc., a case with growing implications for employers using AI-driven recruiting tools....more
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more
As businesses integrate AI tools into operations, a spike in related litigation is no surprise, especially due to the lack of formal legal precedent. Last month, a federal court in the Northern District of California provided...more
Five months ago, we reported about a class action lawsuit against an artificial intelligence (AI) company that engages workers to perform data labeling and content creation and classifies them as independent contractors (ICs)...more
The landscape of workplace harassment has evolved beyond physical offices, after-hours texts and off-site events. Employers now face a sophisticated and deeply unsettling threat: deepfake technology. Once the domain of tech...more
A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more
On May 19, 2025, the Screen Actors Guild‐American Federation of Television and Radio Artists (“SAG-AFTRA”)—the union representing actors, voice artists, and other media professionals—filed an unfair labor practice charge...more
Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more
According to a University of Southern California study, 55% of businesses are investing in automated recruiting measures that use artificial intelligence (AI). Using AI tools in employee recruiting and screening offers a...more
California started 2025 with significant activity around artificial intelligence (AI) in the workplace. Legislators and state agencies introduced new bills and regulations to regulate AI-driven hiring and management tools,...more
Don't quit your current job! Bloomberg Law had a good article yesterday by Jo Constantz about AI-conducted job interviews. (Paid subscription may be required to access.) According to the article, many companies are now...more
Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more
A video game developer needs to hope that the Force is with it as it squares off with a union over the use of artificial intelligence in the workplace. SAG-AFTRA just filed an unfair labor practice (ULP) charge against Epic...more
The integration of Artificial Intelligence (AI) into employment decision-making has revolutionized how companies recruit, evaluate, and manage employees. These high-functioning AI tools are capable of screening job...more
Massachusetts law, G.L. c. 149, § 19B, has long banned the use of lie detector tests in employment, and since 1986, also states that employers should provide affirmative notice on all job applications regarding the use of lie...more
Adam Bouka By Adam Bouka Artificial Intelligence (AI) is transforming how companies find, evaluate, and hire talent—but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR...more
In a move that could reshape day-to-day people-management practices across the state, the California Legislature is advancing Assembly Bill 1221 (“AB 1221”), a sweeping proposal that would regulate how employers deploy...more
In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more
A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more
For the first time, a French court has ruled on the implementation of artificial intelligence (AI) processes within a company....more
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore eDiscovery processes and procedures with Alison Grounds, founder and managing partner of eMerge. Learn about the importance of eDiscovery in...more
(May 7, 2025) – As U.S. employers adapt to wide-ranging executive orders, sweeping changes at federal agencies and a growing patchwork of state and local regulations, they are bracing for further challenges over the next...more