In July, Brazil passed a new Gender Pay Gap law (effective immediately) that requires companies with more than 100 employees — for the first time — to publish a report on salary transparency and compensation criteria (a ‘Salary Transparency Report’) every six months. The
On January 1, 2024, businesses must post updated Privacy Policies under the California Consumer Privacy Act (CCPA), which requires annual updates of disclosures and fully applies in the job applicant and employment context since January 1, 2023.
With respect to job applicants and employees, businesses subject to the CCPA are required to:
- Issue detailed privacy notices with prescribed disclosures, terminology, and organization;
- Respond to data subject requests from employees and job candidates for copies of information about them, correction, and deletion;
- Offer opt-out rights regarding disclosures of information to service providers, vendors, or others, except to the extent they implement qualified agreements that contain particularly prescribed clauses; and
- Offer opt-out rights regarding the use of sensitive information except to the extent they have determined they use sensitive personal information only within the scope of statutory exceptions.
If employers sell, share for cross-context behavioral advertising, or use or disclose sensitive personal information outside of limited purposes, numerous additional compliance obligations apply. For more: see also our related previous post: Employers Must Prepare Now for New California Employee Privacy Rights.
Key recommendations to heed now
It is an unprecedented time for California companies’ privacy law obligations. The California Privacy Rights Act (CPRA) took effect on January 1, 2023 with a twelve-month look-back that also applies to the personal data of employees and business contacts. The California Privacy Protection Agency recently finalized regulations and has kicked off a new phase of rulemaking including on…
Does your holiday wish list include CLE credit and a quick tutorial on what to expect in California labor and employment law next year?
Join us for our virtual California 2023-2024 Employment Law Update on Wednesday, December 13 @ 1PM PT.
2023 has been a year of dramatic change for California employers, but have…
Special thanks to our Baker McKenzie speakers Pamela Church, Teisha Johnson, Cyrus Vance, Elizabeth Roper, Laura Estrada Vasquez, Joshua Wolkoff and Industry Experts, Alexandra Lopez, Privacy Counsel, Calix, Una Kang, VP and Associate General Counsel, Wolters Kluwer, and Pamela Weinstock, Managing Counsel, Intellectual Property, Tiffany & Co.…
On October 30, 2023, President Biden issued a 63-page Executive Order to define the trajectory of artificial intelligence adoption, governance and usage within the United States government. The Executive Order outlines eight guiding principles and priorities for US federal agencies to adhere to as they adopt, govern and use AI. While safety and security are predictably high on the list, so too is a desire to make America a leader in the AI industry including AI development by the federal government. While executive orders are not a statute or regulation and do not require confirmation by Congress, they are binding and can have the force of law, usually based on existing statutory powers.
Instruction to Federal Agencies and Impact on Non-Governmental Entities
The Order directs a majority of federal agencies to address AI’s specific implications for their sectors, setting varied timelines ranging from 30 to 365 days for each applicable agency to implement specific requirements set forth in the Order.
The actions required of the federal agencies will impact non-government entities in a number of ways, because agencies will seek to impose contractual obligations to implement provisions of the Order or invoke statutory powers under the Defense Production Act for the national defense and the protection of critical infrastructure, including: (i) introducing reporting and other obligations for technology providers (both foundational model providers and IaaS providers); (ii) adding requirements for entities that work with the federal government in a contracting capacity; and (iii) influencing overall AI policy development.Continue Reading Biden’s Wide-Ranging Executive Order on Artificial Intelligence Sets Stage For Regulation, Investment, Oversight and Accountability
Baker McKenzie recently hosted industry leaders from Anthropic, Google Cloud and OpenAI in Palo Alto to discuss how in-house legal counsel can best reckon with the transformative power of GenAI.
Baker McKenzie partners joined the panel, sharing insights from their vantage point…
In first-of-its-kind legislation, under SB 54, California will require venture capital companies to collect and report diversity data from portfolio company founders as soon as March 1, 2025. The new Fair Investment Practices by Investment Advisers law intends to increase transparency regarding the diversity of founding teams receiving venture funds from covered entities…
Special thanks to our Baker McKenzie speakers Danielle Benecke and Ben Allgrove, and Industry Experts Ashley Pantuliano, Associate General Counsel, OpenAI, Julian Tsisin, Global Legal & Compliance Technology, Meta, Janel Thamkul, Deputy General Counsel, Anthropic, and Suneil Thomas, Managing Counsel, Google Cloud AI.
Baker McKenzie is pleased to invite you to an…
New York may soon restrict employers and employment agencies from using fully-automated decision making tools to screen job candidates or make other employment decisions that impact the compensation, benefits, work schedule, performance evaluations, or other terms of employment of employees or independent contractors. Draft Senate Bill 7623, introduced August 4, aims to limit the use of such tools and requires human oversight of certain final decisions regarding hiring, promotion, termination, disciplinary, or compensation decisions. Senate Bill 7623 also significantly regulates the use of certain workplace monitoring technologies, going beyond the notice requirements for workplace monitoring operative in New York since May 2022 and introducing data minimization and proportionality requirements that are becoming increasingly common in US state privacy laws.
While there is not yet a federal law focused on AI (the Biden administration and federal agencies have issued guidance documents on AI use and are actively studying the issue), a number of cities and states have introduced bills or resolutions relating to AI in the workplace. These state and local efforts are all at different stages of the legislative process, with some paving the path for others. For example, New York City’s Local Law 144 took effect on July 5, prohibiting employers and employment agencies from using certain automated employment decision tools unless the tools have undergone a bias audit within one year of the use of the tools, information about the bias audit is publicly available, and certain notices have been provided to employees or job candidates (read more here).
If enacted, Senate Bill 7623 would take things much further. Here are some of the most significant implications of the draft legislation:Continue Reading Check Yourself Before You Wreck Yourself: New York and Other States Have Big Plans For Employer Use of AI and Other Workplace Monitoring Tools