Employment Law Watch

Analysis and commentary by Reed Smith attorneys on developments in employment and labor law

Now that Governor Gavin Newsom’s September 30th deadline to approve or veto legislative bills has passed, California employers can begin preparing for the new laws that will affect their workplaces next year. The recent legislative session has yielded strengthened protections for workers in a diverse array of subject areas, including but not limited to union

As the use of artificial intelligence (AI) systems rapidly spreads throughout society, legislators across the U.S. are hustling to try and ensure that these systems are created and implemented in a safe and fair manner everywhere they are being used. The workplace is one such area that is starting to gain interest in this regard.

On August 9, 2024, Illinois Governor J.B. Pritzker signed HB 3773 into law, amending the Illinois Human Rights Act (IHRA) to regulate the use of artificial intelligence (AI), including generative AI, in employment decisions by employers with operations in Illinois. Following Colorado, which passed a similar bill in May 2024, Illinois is the second state

The use of artificial intelligence (AI) is already omnipresent in many areas of working life and in HR work. Nevertheless, German legislators have so far provided hardly any AI specific regulations in the context of employment. Employers in Germany are, however, not in a legal vacuum and must comply with various employment (and data protection)

To date, the UK government has adopted a “pro innovation” approach to AI regulation, refraining from legislation. This has been with a view to enable the UK to keep pace with rapid developments in AI.  However, this looks set to change with the recent publication of a first draft Artificial Intelligence (Regulation and Employment Rights)

On April 24, 2024, the U.S. Department of Labor (DOL) issued guidance on how employers should navigate the use of Artificial Intelligence (AI) in hiring and employment practices. The DOL emphasized that eliminating humans from the processes entirely could result in violation of federal employment laws. Although the guidance was addressed to federal contractors and