Consider the scenario: a higher-up employee uploads six months of internal strategy documents into a generative AI tool, generates a ten-page competitive playbook synthesizing the company’s pricing models, customer relationships, and go-to-market plans, and resigns the next morning. Nothing was forwarded, downloaded, or copied in the traditional sense—but the employer’s most valuable information just walked
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Social Media Scrutiny: What the New H-1B and H-4 Visa Policy Means for Your Workforce
Beginning December 15, 2025, the U.S. Department of State (DOS) will significantly expand its social media screening practices to include all H-1B Nonimmigrant Worker visa applicants and their H-4 dependents applying for visas at U.S. Embassies and Consulates abroad. The H-1B visa allows U.S. employers to temporarily hire foreign workers for professional jobs that require specialized…
AI in Hiring: Emerging Legal Developments and Compliance Guidance for 2026
AI isn’t just on the horizon—it’s already screening millions of resumes, scoring video interviews, and ranking candidates in HR systems across America. In 2024 alone, AI-powered hiring tools processed over 30 million applications while triggering hundreds of discrimination complaints. As these tools become more prevalent, lawmakers, regulators, and attorneys are responding rapidly. The result is…
Back to Basics: The 2025 Employment Law Playbook
By Colby Berman
The employment law landscape has seen widespread changes on the federal and state levels in recent years. In light of what is poised to be years of even more changes, now is an opportune time to re-examine the basics of a compliant workplace. This post will keep companies ready for whatever comes next by providing…
Navigating Use of Generative AI at Work: Best Practices and Legal Considerations
In today’s fast-evolving digital landscape, generative artificial intelligence (AI) has become a powerful tool that employees increasingly rely on for a variety of tasks. From drafting emails and producing reports to generating creative content and analyzing data, these technologies are reshaping how work gets done. As organizations integrate AI into their daily operations, employers face…
Trump’s NLRB Break-Up: A Valentine’s Day Shake-Up For Employers
The Trump administration just made a significant move in reshaping federal labor law by beginning the process of undoing the labor policies put in place under the Biden administration. On February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel William Cowen issued General Counsel Memorandum 25-05 (GC 25-05), which rescinded 31 general counsel…
DOL Promotes “AI & Inclusive Hiring Framework” Collab to Help Employers Avoid AI Discrimination in Hiring
Companies are increasingly turning to artificial intelligence (AI) to assist with employment related tasks, such as recruiting and hiring. AI tools are useful to increase efficiency, streamline the recruiting process, and eliminate human bias. However, these tools can pose a risk of inadvertent discrimination against job applicants. We recently published an Employer’s Guide to Outsmarting…
An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace
By Colby Berman
Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology itself. Originally intended to streamline employment processes, AI may have unintended consequences that need to be mitigated. There…
California Proposes New Legislation Prohibiting Algorithmic Discrimination in the Workplace
By Akerman Law
Algorithmic discrimination continues to be a focal point of concern, as evidenced by recent legislation introduced in California which, if passed into law, will require employers who use automated decision tools to make consequential decisions to undergo a cost-benefit analysis regarding the use of such technology. Employers must continue to proceed with caution, and be…
Let’s “Chat-a-Bot” Artificial Intelligence in the Workplace
By Akerman Law
With the rise of chatbots, such as ChatGPT (OpenAI), Bard (Google), and Claude (Anthropic), and other generative artificial intelligence (AI) tools developing at a rapid pace, employers need to consider whether, and to what extent, employees should be permitted to use them in workplace. On the one hand, there are confidentiality and privacy issues, bias…