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CFPB Issues Guidance With Aggressive Interpretation of FCRA Applicability to Employee Monitoring and Screening Tools

Quick Hits
- The CFPB’s recently issued guidance on the Fair Credit Reporting Act affects virtually every employer using third-party vendors for employee screening, monitoring, or assessment.
- The guidance serves as a reminder for employers that gather third-party information to vet job applicants to consider whether their third-party vendors’ practices trigger FCRA requirements.
- This guidance also
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German Employee Data Law Could Be on Its Way

Quick Hits
- Two German federal ministries have drafted legislation that would provide more legal certainty for employers regarding how to handle employee data.
- The legislature also wants to allow the use of AI applications, but within certain limits.
- The draft legislation would provide a detailed regulation on the basics of employee data processing.
The aim…
[Podcast] AI at Work: What Employers Need to Know

In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s Los Angeles office. In part one of our insightful…
The Legal Playbook for AI in HR: Five Practical Steps to Help Mitigate Your Risk
By and large, HR departments are proving to be ground zero for enterprise adoption of artificial intelligence technologies. AI can be used to collect and analyze applicant data, productivity, performance, engagement, and risk to company resources. However, with the recent explosion of attention on AI and the avalanche of new AI technologies, the use of…
Applying AI in contract review and drafting
We discuss the details of LLM pipeline and other traditional NLP / ML technologies deployed inside ContractKen products.
Navigating the Challenges of AI in College: A Student-Centered Perspective
As the landscape of education evolves, colleges are increasingly looking to artificial intelligence (AI) to enhance learning and streamline operations. While the potential benefits of AI are significant, administrators must navigate a range of legal and ethical challenges to ensure that these technologies serve all students effectively and equitably.
Equity and Access: The Digital Divide…
Dos and Don’ts of Using AI in Community College Search Committees
As community colleges increasingly embrace technology, artificial intelligence (AI) has emerged as a powerful tool for academic search committees. However, as we integrate it, we must carefully assess District use to ensure fairness, privacy considerations, transparency, and legal compliance, among other issues. Below are tips for administrators on the “dos” and “don’ts” of using AI…
DOL Outlines Best Practices for Employers Using AI
The United States Department of Labor (“DOL”) recently published “Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers,” which is intended to inform employers’ use of artificial intelligence (AI) when it comes to employment decisions. The guidance—which does not have the force of law—enumerates eight guiding principles for the “responsible use”…
