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On March 20, the White House published a “National AI Legislative Framework” outlining policy recommendations for Congress to develop a unified federal approach to AI legislation and regulation. While our cross‑disciplinary AI team prepared a more detailed analysis (copied below), here is the employment‑law tl;dr:

  • No immediate legal change. The framework does not impose new obligations on employers, and it does not include draft legislation or an executive order directing federal agencies. Instead, it sets out legislative recommendations for Congress, reflecting the administration’s vision for a comprehensive federal AI statute.
  • Preemption is the through‑line. The recommendations are consistent with the administration’s December 2025 Executive Order and July 2025 AI Action Plan, and they expressly support broad federal preemption of state AI laws that impose undue burdens. At the same time, the framework contemplates carve‑outs to preserve states’ traditional police powers—such as protecting children and preventing fraud.

Takeaway for Employers

Unless and until Congress enacts federal legislation with preemptive effect, state and local AI laws remain fully in force. That matters: a growing number of jurisdictions already regulate how employers use AI in hiring, promotion, performance management, and other employment decisions—including California, Colorado, Illinois, and New York City, among others. For now, compliance remains a decidedly multi‑jurisdictional exercise.

For support developing your AI adoption strategies, including compliance with regulations outside of the US like the EU AI Act, please contact your Baker McKenzie employment lawyer.

White House Outlines AI Legislative Agenda with National AI Legislative Framework

By Brian Hengesbaugh, Justine Phillips, Lothar Determann, Keo McKenzie, Cristina Messerschmidt, Susan Eandi, Caroline Burnett, Joshua Wolkoff, Alysha Preston, Stanislav (Stan) L. Sirot, Brian Zurawski and Avi Toltzis

On March 20, 2026, the White House published a four-page document with “Legislative Recommendations” in its National Policy Framework for Artificial Intelligence (the “AI Framework”). The AI Framework does not include specific draft legislation or an executive order, but instead contains recommendations for Congress, setting out the administration’s vision for a comprehensive federal AI legislative package. The AI Framework is not legally binding either for on Congress or on private sector companies. The AI Framework, building on Executive Order 14365, outlines eight key policy areas for federal AI legislation aimed at preempting restrictive state laws and bolstering AI innovation.

Background

The AI Framework represents the latest significant step in the Trump administration’s technology agenda and is consistent with, and builds on, its past actions regarding the national AI strategy going back to the very first days of President Trump’s second term. Within the first week of returning to the presidency, President Trump revoked the Biden-era Executive Order 14110 on “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”, which he swiftly replaced with Executive Order 14179 on “Removing Barriers to American Leadership in Artificial Intelligence”. Executive Order 14179 established the national AI policy to “sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security,” but provided few specifics.

Continue Reading What the March 20 ‘National AI Legislative Framework’ Means for US Employers Right Now

We are pleased to announce that the 2026 Global Data & Cyber Handbook is now available. This essential resource for businesses navigating the complex landscape of data and cyber regulation covers key data and cyber laws in over 50 jurisdictions.
 
The latest edition provides expanded overviews and comparative insights, offering a clear view of…

As sweeping reforms converge to redefine workplace standards, employer responsibilities and employee rights, 2026 will require global businesses to balance rapidly evolving workplace regulation with the need to safeguard commercial interests.

Global regulation shifts in focus

Across the UK, the Americas and Europe, three key themes dominate: equity, openness and flexibility.

In the UK, the recent Employment Rights Act will broaden protection against unfair dismissal by reducing the qualifying period from two years to six months and removing the existing caps on compensation. These changes are anticipated from January 2027. The act will create other significant changes in 2026 and into 2027, including measures strengthening union influence; broadened thresholds for collective consultation and increased associated penalties for breaches; severe restrictions on imposing contractual variations, improved job security for zero- and low-hours workers; and broadened protections against harassment. In short, there will be a seismic shift to the compliance landscape. Employers will need to stay alert, as many of the finer details remain unknown.

The European Union is taking a proactive approach to strengthen its global competitiveness, aiming to boost innovation and economic growth. However, core worker protections are likely to remain strong with employers facing a wave of new regulation including the Pay Transparency Directive, the AI Act, and a revised framework for European Works Councils. Meanwhile, the Quality Jobs Roadmap forms part of the EU’s strategy to generate and maintain sustainable, high-quality employment. This potentially includes legislative measures to safeguard workers’ rights while adapting to ongoing technological, economic, and societal developments.

Recent employment law developments across Asia Pacific and Latin America also reflect a strong focus on worker protection, flexibility and fairness. Wage reforms are prominent, with South Korea and multiple Philippine regions announcing significant minimum wage increases, while Malaysia’s Gig Workers Bill enhances rights and security for nontraditional workers. Broader labor rights are evolving through measures like South Korea’s Yellow Envelope Act, which expands union protections, while Singapore’s Workplace Fairness Act seeks to ensure fair treatment for employees, including by providing greater protection against workplace discrimination. In Latin America, labor reforms are continuing, with Brazil seeking to strengthen equal pay compliance, Colombia modernizing its labor inspection regime, Mexico proposing reforms to strengthen workers’ rights and Argentina seeking to introduce sweeping changes to modernize labor relations while fostering competitiveness.

Overall, these changes underscore a regional trend toward safeguarding employee well-being, regulating digital work environments and ensuring equitable treatment across diverse employment models.

Continue Reading A Year of Workforce Transformation Prioritizing Fairness

New York’s employment landscape is undergoing sweeping changes. Recent legislation introduces new compliance challenges across nearly every facet of workplace regulation—from pay transparency to leave entitlements, wage and hour rules, employment agreements, and more.

Employers will need to revise policies, contracts, and day-to-day practices to stay compliant and avoid costly missteps. The time to act…

Illinois has entered a pivotal year for workplace regulation. Employers face a series of new requirements, with significant and wide-ranging changes—from paid lactation breaks and NICU leave to expanded whistleblower protections, stricter contract rules, and new obligations around AI use in hiring and employment decisions. These new laws will reshape policies on employment agreements, leave…

On December 11, 2025, President Trump signed an Executive Order on “Ensuring A National Policy Framework For Artificial Intelligence” (the “Order”). The Order represents the Administration’s latest and most pointed attempt to stop and reverse the wave of state AI legislation that has emerged over the preceding year, which the Order asserts “creates a patchwork of 50 different regulatory regimes.” The Order raises the political stakes regarding state AI laws and creates uncertainty in the form of anticipated litigation, but does not instantly remove current or impending state AI law obligations for companies developing or deploying AI.

Continue Reading Pre-emption by Executive Order: Trump Order Moves to Block State AI Laws

Fast Track to 2026: A 75-Minute Must-Attend Webinar for In-House Counsel

The legal landscape impacting California employers is evolving at breakneck speed. As we race toward 2026, employers need to stay agile, informed, and ready to shift gears. This high-impact session will cover the most pressing workplace trends, risks, and regulatory changes ahead for California…

CPPA Adopts Expanded Regulations

Please join us for our next virtual session to discuss the newly adopted CCPA regulations—on September 30 from 12 to 1pm Pacific. In this session, our interdisciplinary team will discuss what the new regulations cover and what companies can do now to comply.

Click here to register.

CLE will be offered.

On July 23, the White House unveiled its much-anticipated AI Action Plan. The Action Plan follows President Trump’s Executive Order 14179 of January 23 on “Removing Barriers to American Leadership in Artificial Intelligence”—which directed the development of the Action Plan within 180 days—and subsequent consultation with stakeholders to “define the priority policy actions needed to sustain and enhance America’s AI dominance, and to ensure that unnecessarily burdensome requirements do not hamper private sector AI innovation.” This update provides a summary of the Action Plan and key considerations for businesses developing or deploying AI.

The Action Plan is structured around three pillars: (I) Accelerating AI Innovation, (II) Building American AI Infrastructure, and (III) Leading in International AI Diplomacy and Security. Although, the AI Action Plan is not legally binding in itself, each pillar contains a number of policy recommendations and actions, which will subsequently need to be actioned by various government agencies and institutes.

Pillar I – Accelerating AI Innovation

Pillar I focuses on reducing the impact of regulation that may hamper AI development. To this end, the Action Plan instructs the Office of Management and Budget to “consider a state’s AI regulatory climate when making funding decisions and limit funding if the state’s AI regulatory regimes may hinder the effectiveness of that funding or award.” Pillar I emphasizes the need for workplace action that supports transition to an AI economy, citing AI literary and skill development among key workforce priorities.  The Action Plan also calls for federal- and state-led efforts to evaluate the impact of AI on the labor market. In order to promote advancements in American AI technologies, Pillar I specifically calls for investment in open-source AI models, support for the preparation of high-quality datasets for use in model training, and acceleration of the federal government’s adoption of AI.

Pillar II – Building American AI Infrastructure

Pillar II of the Action Plan includes actions aimed at strengthening the country’s AI infrastructure. The Action Plan seeks to streamline the expansion of America’s semiconductor manufacturing capabilities by removing extraneous policy requirements for CHIPS-funded semiconductor manufacturing operations.  Pillar II also focuses on the fortification of AI systems and other critical infrastructure assets against cybersecurity threats. In order to achieve these goals, the Action Plan proposes various measures to enhance cybersecurity protections such as sharing AI-security threat intelligence across critical infrastructure sectors and developing standards to facilitate the development of resilient and secure AI systems.

Continue Reading US AI Vision in Action: What Businesses Need to Know About the White House AI Action Plan