California

California Set to Restrict AI Use in the Workplace With “No Robo Bosses” Act: 4 Key Steps Employers Should Take to Comply

by Fisher Phillips, Usama Kahf, Chelsea Viola, David Walton - JD Supra

California lawmakers just passed a law that could soon require employers to not only provide notices to applicants and workers when AI is used in workplace decision-making, but would also prohibit the use of AI for certain workplace actions. The “No Robo Bosses” Act (SB 7), which aims to regulate the use of automated decision systems (ADS) in the workplace, now heads to Governor Newsom’s desk after passing the legislature late Friday. If signed, SB 7 will take effect on January 1, 2026, alongside a wave of other AI-related employment regulations that will create a complex compliance landscape for employers using AI in the workplace. Here’s what you should know about the new law and the four steps you should take to get ready for compliance.

Read more: https://www.jdsupra.com/legalnews/california-set-to-restrict-ai-use-in-2591672/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link

California Takes Steps to Regulate the Use of AI for Significant Employment Decisionsby

by Jonathan P. Slowik, Jennifer J. McDermott of Proskauer Rose LLP - The National Law Review

On November 8, 2024, the California Privacy Protection Agency (CPPA) voted 4-1 to proceed with formal rulemaking regarding automated decision-making technology (“ADMT”), which the draft regulations define as “any technology that processes personal information and uses computation to execute a decision, replace human decisionmaking, or substantially facilitate human decisionmaking.” If enacted, the regulations would impose sweeping requirements on employers who rely on assistance from artificial intelligence (AI) tools in making employment decisions including hiring; allocation of work; compensation and benefits; promotion; and demotion, suspension, or termination. The draft regulations take a similar approach to laws that have passed in New York and laws that are likely to be enacted in Colorado, in that they require certain disclosures and risk assessments, and require that employees and applicants have the ability to opt-out of being evaluated by AI in some contexts. 

Read more: https://natlawreview.com/article/california-takes-steps-regulate-use-ai-significant-employment-decisions

California’s Background Check Limits Are Impeding Hiring

by Roy Maurer - SHRM

Legal developments in California limiting criminal history searches are causing significant hiring delays and unworkable burdens in the employment screening process.

The situation arose from a May 2021 California Court of Appeal decision in All of Us or None — Riverside Chapter v. Hamrick, which has prevented background screeners from using dates of birth or driver’s license numbers as input terms in electronic criminal record searches.

Read more: https://www.shrm.org/topics-tools/news/talent-acquisition/california-background-check-limits-hamrick