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
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[Podcast] AI at Work: Black Box Issues

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…
[Podcast] AI at Work – Training Data Issues

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

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…
[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…
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”…
DOL Issues Framework to Guide Employers Using AI Recruiting and Hiring Tools
On September 24, 2024, the United States Department of Labor (“DOL”) announced the publication of an AI & Inclusive Hiring Framework (the “Framework”). As discussed below, the Framework sets forth ten “Focus Areas” for employers to consider when using AI recruiting and hiring tools to minimize the risk of algorithmic discrimination.
The Framework was developed…
Illinois the Latest State to Enact Legislation Regulating Employers’ Use of AI
On August 9, 2024, Illinois Governor JB Pritzker signed into law HB3773, a bill amending the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). The amendment clarifies that it is a civil rights violation to use AI that has the effect of discriminating on the basis of protected classes under…
New York and New Jersey Legislatures Introduce Bills That Seek to Regulate Artificial Intelligence (“AI”) Tools in Employment
Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New Jersey and one in New York) that follow New York City’s Local Law 144 (“Local Law 144”), a…