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Category: Compensation

State and Local Pay Transparency Law Update: Stay Current With CWC’s Online Resource

Over the past two years, there has been a proliferation of state and local laws that require covered employers to include hourly pay or salary ranges in their job postings. These laws have created compliance challenges, especially for employers with multi-state operations. The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, offers a Pay Transparency Requirements resource, available online in...
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Category: Discrimination and Harassment

California High Court Rules Third-Party Vendor Can Be Sued for Discrimination Under State Law

The Supreme Court of California has ruled that a third-party vendor performing job application screening services for an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act (FEHA). The ruling in Raines v. U.S. Healthworks Medical Group aligns California law with the federal courts’ interpretation that Title VII and other federal antidiscrimination statutes extend...
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Category: Affirmative Action and Diversity

13 GOP State AGs Send Letter to Fortune 100 With Warning That DEI Practices Will Be Scrutinized

Seizing on the Supreme Court’s recent decision barring the consideration of race in college admissions, the Republican Attorneys General of 13 states have signed a letter notifying Fortune 100 companies that their diversity, equity, and inclusion (DEI) practices are under scrutiny for potential race discrimination. Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.
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Category: Agency Enforcement

Does Modified EEOC–CA Worksharing Agreement Mean More Dual Charge Investigations?

A change in the worksharing agreement between the U.S. Equal Employment Opportunity Commission (EEOC) and California’s Civil Rights Department (CRD) suggests that an employer may have to respond to investigations by both agencies stemming from the same charge. The change appears to be driven by the agencies’ discrimination investigations of the company Activision Blizzard, but it has implications well beyond...
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Category: Affirmative Action and Diversity

New York City Issues AI Bias Audit Law Implementing Regulations, Sets July 5 Effective Date

New York City, through its Department of Consumer and Worker Protection (DCWP), has published long-awaited Final Rules implementing the city’s first-of-its-kind artificial intelligence (AI) bias audit law, Local Law 144 of 2021. DCWP will begin enforcing the law on July 5, 2023. The AI bias audit law prohibits covered employers from using an artificial intelligence tool to screen a candidate or employee for a...
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Category: Agency Enforcement

California Privacy Act Covers Employers Beginning 1/1/2023; Still Awaiting Regulatory Guidance

For employers that operate in California, the exemption from coverage under the state’s sweeping California privacy law is about to expire, and as of January 1, 2023, any employer with at least $25 million in gross annual revenue will be required to comply. The 2018 California Consumer Privacy Act (CCPA), as amended by the 2020 California Privacy Rights Act (CPRA),...
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Category: State and Local Law

Interstate: November 2022 Update

We are pleased to present the latest edition in our ongoing “Interstate” memo series, a service we provide on a periodic basis to provide timely updates on new state and local workplace compliance developments. This latest edition of Interstate covers notable state and local developments that have occurred since our last update in September. Members of the Center for Workplace...
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Category: State and Local Law

California Enacts Several New Laws Expanding and Extending Workplace Protections

Once again burnishing its reputation as the most progressive U.S. state with respect to imposing workplace mandates on private sector employers, California recently wrapped up its 2022 legislative session by enacting a number of labor and employment bills that create or expand worker protections, including: Mandatory Pay Transparency and Expansion of Pay Data Reporting Criteria Wage Setting for Fast Food...
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Category: Featured

NYC Delays Enforcement of Its Artificial Intelligence Bias Audit Law Until April 15, 2023

The New York City Department of Consumer and Workplace Protection (DCWP) announced this week that, based on the “high volume” of public comments received, it has delayed from January 1 until April 15, 2023, its enforcement of the City’s controversial artificial intelligence law (Local Law 144). The AI law is scheduled to go into effect on January 1, 2023. The...
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Category: State and Local Law

NYC Issues Proposed Implementing Rules for Its New Artificial Intelligence Bias Audit Ordinance

As we previously reported, New York City adopted a new ordinance late last year (Local Law 144) that requires covered employers using artificial intelligence (AI) in their hiring efforts to conduct an independent bias audit of the AI tool and to publish the results of that audit. The ordinance, which is scheduled to go into effect on January 1, 2023,...

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