Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The new law, known as H.B. 3773, also prohibits the use of AI that leads to discriminatory practices against employees. The bill offers
Whitney J. Jackson
Whitney Jackson’s practice focuses on commercial litigation, employment, and intellectual property matters. Whitney earned her J.D. (cum laude) from the University of Mississippi School of Law, where she served as associate articles editor of the Mississippi Law Journal, senator of the Student Bar Association, and vice president of the Black Law Students Association. While in law school, Whitney interned with the legal departments of Fortune 500 companies, where she assisted senior management in researching and analyzing various legal compliance matters. Whitney also interned with the University of Mississippi’s Office of Technology Commercialization, where she assisted potential patent-applicants in prior-art searches and patent development. She earned her Bachelor of Science (magna cum laude) degree in Biochemistry from Alcorn State University.
Welcoming Our Robot Overlords? Navigating New Guidance on AI
As technology continues to evolve, so do the dynamics of labor and employment. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2024-1 (FAB 2024-1). FAB 2024-1 is a groundbreaking document shedding light on how the DOL thinks artificial intelligence (AI) and automated…
OSHA Rights: You Have the Right to Retain a Representative
The Occupational Safety and Health Administration (OSHA) has published a final rule amending a regulation regarding the right to designate a representative to accompany OSHA inspectors during a workplace inspection. Why do we need this, you ask?
In the world of occupational safety and hazards, OSHA administers regulations and has the ability to levy penalties.
Texas Hold ‘Em: Lone Star State Enacts New Notice Law Regarding Workplace Violence
Workplace violence is an issue that impacts employees and employers alike. While OSHA uses the General Duty Clause to address such issues, some states are enacting their own laws about it. As we reported a few weeks ago, Texas recently enacted a new law to protect healthcare employees from violence in the workplace. The…
Addressing Workplace Harassment: Insights into EEOC’s Proposed Enforcement Guidance
The Equal Employment Opportunity Commission recently introduced proposed enforcement guidance aimed at further clarifying and strengthening measures against harassment in the workplace. The 144-page guidance outlines strategies and policies the EEOC believes are necessary to prevent and address workplace harassment based on any protected status (i.e., race, gender, national origin, disability, religion, age, and genetic…
Makin’ New Davis-Bacon (Regs): DOL Issues Final Rule on Prevailing Wages
Recently the U.S. Department of Labor (DOL) issued a final rule that provides, among many other things (the rule is more than 700 pages long), (1) an update to the formula DOL uses to set “prevailing wages” under the Davis-Bacon Act and related regulations, (2) enforcement options for DOL to penalize employers for retaliation, and…
AI, AI, Uh-Oh! Can Artificial Intelligence Programs Put You at Risk for Discrimination Lawsuits?
Meaghan Pickles is a co-author of this post and is a Summer Associate at Bradley.
Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many…
DOL Guidance Provides “FAB”ulous Insight as to How the Agency Will Apply the Protections under the FLSA and FMLA to Remote Workers
The United States Department of Labor recently issued Field Assistance Bulletin No. 2023-1 (FAB), which provides guidance to agency officials on a number of telework issues. The FAB addresses (1) paying workers who telework properly under the Fair Labor Standards Act (FLSA); (2) reasonable break time for nursing employees to express milk while teleworking from…
Heads Up, Not Down — Tennessee Employees Now Get To Wear Their CROWN: What Employers Should Know About Tennessee’s CROWN Act
Workplace hair discrimination is a topic that has floated through the media for the past several years. To prohibit discrimination, California has implemented the “Creating a Respectful and Open World for Natural Hair (CROWN) Act.” Specifically, California’s CROWN Act amends California’s Fair Employment and Housing Act (FEHA), an act that functions to prohibit specified discriminatory…
Well, That Escalated Quickly: Judge Rules Florida’s “Stop WOKE” Act Unconstitutional
Is the “Stop WOKE” Act dead in Florida? Not yet, but in Honeyfund.com, Inc., et al v. Desantis, et al, one federal district court has certainly put the brakes on it. On March 29, 2022, we informed everyone about Florida HB 7, also known as Florida’s “Stop WOKE” bill, and how it would…