California regulations going into effect on October 1, 2025, make clear that employers’ use of artificial intelligence in personnel practices can lead to liability under state fair employment laws. Partner Odia Kagan, Chair of the firm’s Data Privacy Compliance & International Privacy Practice Group, provides a breakdown in a post to the firm’s Privacy Compliance & Data Security Blog. Here are two of her key takeaways: The regulations clarify that an employer’s use of an automated-decision system or selection criteria that discriminates…More

Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume screening, facial recognition in video interviews, performance evaluation and management, employee engagement, and even benefits enrollment. As adoption of these technologies accelerates by the day, California is stepping in with significant new regulations effective on October 1, 2025 that will govern employers’ use of ADS in hiring and employment…More

You are invited! On April 23, 2025, from Noon to 1:00 p.m. PST, our team will present a free webinar explaining how employers can prepare for surprise visits by U.S. Immigration and Customs Enforcement (ICE) and lawfully navigate the visit when it happens. Also in the webinar, we will unpack the status of President Trump’s Executive Orders seeking to strip diversity, equity, and inclusion (DEI) initiatives from private sector employment and how employers may reduce their risk. Please join…More

Key parts of President Donald Trump’s executive orders seeking to end diversity, equity and inclusion initiatives (DEI) in the workplace were recently ruled unconstitutional by a federal court in Maryland.  The court entered a nationwide injunction barring the administration from moving forward — for now.  Other parts of the executive orders remain in effect. Such orders pose special challenges for employers operating in California where employers must nevertheless comply with demanding state laws concerning equal employment opportunities. The scope and limitations of…More

The prospect of large-scale, unannounced ICE raids on workplaces is upon us with the launch of the second Trump administration.  What employers need to know now is outlined HERE by Fox partners Carolyn D. Richmond, Alexander W. Bogdan, and Ali Brodie.  It is a must read.…More

One instance of a coworker directing the “N-word” to a Black employee can rise to the level of being so severe as to make for a racially hostile work environment in violation of the California Fair Employment and Housing Act (“FEHA”), the state Supreme Court recently ruled.  The case is a valuable reminder for employers of mistakes not to make in evaluating harassment allegations. The California Supreme Court’s decision in Bailey v. San Francisco District Attorney’s Office involved two investigative assistants…More

Election 2024 is here and now is the time for employers in California to refresh themselves on the voting leave and posting requirements they must follow: – Employers must allow employees time off to vote when needed.  There is no set number of hours employers must allow employees off work.  Rather, employers must provide employees the time off work that is needed so that, when added to the employees’ available time outside work hours, employees will be able to vote.   –…More

Starting September 3, 2024, employers must comply with involved new requirements if they wish to consider criminal backgrounds in making hiring or promotional decisions for positions that will perform work in any unincorporated area of Los Angeles County.  The requirements — imposed by the County’s Fair Chance Ordinance — will be significantly more burdensome for employers than those under the statewide Fair Chance Act or the City of Los Angeles Fair Chance Ordinance. Coverage The new county ordinance covers all employers located…More

An important new discovery tool – demands for disclosure — are available for use in California state court employment lawsuits filed from January 1, 2024, and later.  The demands significantly impact how employers and their counsel should prepare to defend California cases.  When served, the new demands require parties to disclose to one another all witnesses, documents and electronically stored information (ESI) that are “relevant to the subject matter of the action,” a requirement that is equally broad and burdensome in…More

Beginning New Year’s Day 2024, employers are required to give all non-exempt new hires working in California a new form of Wage Theft Prevention Act Notice containing new information.  Employers must tell employees in the new Notice (1) of the increased amount of California paid sick leave to which employees are entitled as of 2024 and (2) whether employees are working in a county that is subject to a federal or state emergency or disaster declaration. The new Notice form published…More