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Law and the Workplace

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By: Proskauer Rose LLP

Blog Authors

Guy Brenner
Evandro Gigante
Tony S. Martinez
H. Ren Morris
Dixie Morrison
Joseph O’Keefe
Steven J. Pearlman
Margo Richard
Jonathan Slowik
Edward Young

Latest from Law and the Workplace

Law and the Workplace

[Podcast] AI Bias Audits

By Guy Brenner & Jonathan Slowik
July 31, 2025
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In this episode of The Proskauer Brief partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is head of the Government Contractor Compliance Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s Los Angeles office, discuss laws requiring employers who use artificial intelligence (AI) to conduct bias…

Law and the Workplace

Survey of Managers Highlights The Widespread Use and Potential Risks of Unsanctioned AI Use

By Guy Brenner & Jonathan Slowik
July 28, 2025

If a recent survey is to be believed, managers’ use of artificial intelligence (AI) tools in making personnel decisions may be more extensive than their employers realize.  A survey of 1,342 full-time manager-level employees commissioned by ResumeBuilder.com revealed some eye-popping results.  Roughly 60% of respondents said they relied on AI to make decisions about direct…

Law and the Workplace

‘Big Beautiful Bill’ Leaves AI Regulation to States and Localities … For Now

By Guy Brenner & Jonathan Slowik
July 8, 2025

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act into law—a budget reconciliation bill enacting several signature policies of the President’s second-term agenda.  Left on the cutting-room floor, however, was an ambitious attempt to prohibit nearly all state and local regulation of artificial intelligence (“AI”) for the foreseeable future.

The version…

Law and the Workplace

AI Bias Lawsuit Against Workday Reaches Next Stage as Court Grants Conditional Certification of ADEA Claim

By Guy Brenner, Jonathan Slowik & Dixie Morrison
June 11, 2025

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 Employment Act (ADEA) claims on behalf of a sprawling collective believed to include millions of job applicants.  In Mobley v. Workday, Inc., N.D. Cal.…

Law and the Workplace

Another Legal Challenge to an AI Interviewing Tool

By Guy Brenner, Jonathan Slowik & Margo Richard
April 29, 2025

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing tool discriminated against a deaf and Indigenous employee at Intuit seeking a promotion. 

According to the complaint, when the employee applied for…

Law and the Workplace

[Podcast] AI at Work: Design Use Mismatches

By Guy Brenner & Jonathan Slowik
February 4, 2025
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In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are actually used in practice. Many AI developers emphasize their rigorous efforts to eliminate bias, reassuring employers that their tools…

Law and the Workplace

Trump Alters AI Policy with New Executive Order

By Guy Brenner, Jonathan Slowik & Margo Richard
January 28, 2025

On January 23, 2025, President Trump issued an Executive Order entitled “Removing Barriers to American Leadership in Artificial Intelligence.” The Executive Order seeks to maintain US leadership in AI innovation.  To that end, the Order “revokes certain existing AI policies and directives that act as barriers to American AI innovation,” but does not…

Law and the Workplace

[Podcast] AI at Work: Black Box Issues

By Guy Brenner & Jonathan Slowik
January 10, 2025
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In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of “black box” systems—AI tools whose internal decision-making processes are not transparent.  The internal workings of such systems may not…

Law and the Workplace

[Podcast] AI at Work – Training Data Issues

By Guy Brenner & Jonathan Slowik
December 3, 2024

In part two of our insightful artificial intelligence series, 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, explore the critical issue of AI training data…

Law and the Workplace

What Will The Trump Administration Mean For The Regulation of Employer AI Tools?

By Guy Brenner & Jonathan Slowik
November 22, 2024
Flume in Switzerland
fabio, Unsplash

In the nearly four years since Joe Biden was sworn in as President in 2021, groundbreaking advances in artificial intelligence (AI) became widely available that offer the potential to revolutionize employment-related decisions and processes for recruiting, hiring, promotions, and employee evaluation.  As the nation prepares for a second Trump Administration, and employers increasingly interested in…

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