As economic shifts and advancements in artificial intelligence reshape workforce needs, executive teams and boards are reevaluating their strategies. Unionized workforces – or those in the process of unionizing – present unique challenges, particularly in light of National Labor Relations Board developments. Careful planning is essential to navigating these uncharted waters. To help address these
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California’s new AI rules under FEHA took effect October 1, 2025
Beginning October 1, 2025, California employers must comply with new Fair Employment and Housing Act (FEHA) regulations on the use of artificial intelligence (AI) and automated decision systems in hiring and employment. The rules primarily pertain to three compliance areas: bias testing, recordkeeping, and vendor liability. Employers should start preparing now to avoid exposure once…
AI in employer-sponsored group health plans: Legal, ethical, and fiduciary considerations
Artificial intelligence (AI) has increasingly been integrated into the tools used by and for employer-sponsored group health plans, prompting a multitude of concerns. In this article, we discuss key issues that require immediate attention from both plan sponsors and plan administrators. Find out the legal, ethical, and fiduciary considerations employer-sponsored group health plans should keep…
Risk Management in the Modern Era of Workplace Generative AI
As human resources (HR) leaders plan to expand the use of generative artificial intelligence (GenAI) in the workplace, nearly a dozen states have enacted or are considering legislation to regulate its use in employment practices. Additionally, courts are seeing class actions involving alleged disparate impact discrimination and wage and hour violations related to GenAI. Implementing…
An Update on NAIC’s Consideration of AI Model Law for Insurers
By Amber Adair
The National Association of Insurance Commissioners’ (NAIC) Big Data and Artificial Intelligence (H) Working Group released a request for information (RFI) to explore the potential drafting of a model law to regulate insurers’ use of artificial intelligence (AI) systems. The RFI asks stakeholders to provide comments on whether uniform statutory requirements for AI are needed…
Texas AG’s Landmark AI Settlement: A Wake-Up Call for Health Tech & AI Companies
By Jiayan Chen
Healthcare providers, payors, and other healthcare organizations should be aware of a recently announced, “first-of-its-kind” settlement between the Texas attorney general and a healthcare generative artificial intelligence (AI) company resolving allegations that the company made a series of false and misleading statements about the accuracy and safety of its AI products. The settlement highlights the…
3 Expert Perspectives on Adopting Human-Centric AI and Navigating the Future of Work
How can organizations adopt a human-centric approach to artificial intelligence (AI) use in the workplace? In this SHRM article, Kathleen Pearson, McDermott’s chief human resources officer, discusses the Firm’s adoption of the emerging technology and how she’s brought cross-functional teams together to explore AI use cases. Access the article.
State Regulators Address Insurers’ Use of AI: 11 States Adopt NAIC Model Bulletin
In December 2023, the National Association of Insurance Commissioners (NAIC) adopted a Model Bulletin on the Use of Artificial Intelligence (AI) Systems by Insurers. The model bulletin reminds insurance carriers that they must comply with all applicable insurance laws and regulations (e.g., prohibitions against unfair trade practices) when making decisions that impact consumers, including when…
CMS Issues Guidance on Usage of AI in Making Coverage Determinations
On February 6, 2024, the US Centers for Medicare & Medicaid Services (CMS) issued a letter to all Medicare Advantage (MA) organizations and Medicare-Medicaid plans. The letter covered frequently asked questions and answers related to the coverage criteria and utilization management requirements in the CMS Final Rule issued on April 5, 2023. Among the FAQs…