Prepare for the Rise of AI in the Workplace

August 29, 2024

Attention, Employers

Artificial Intelligence (AI) is rapidly changing how we live and work. To keep up with this technological revolution, both federal and state governments are introducing new rules to ensure AI is used responsibly in the workplace. Here’s an overview of what you need to know about recent federal, state, and local AI developments.


The White House’s Executive Order

In October 2023, President Biden issued a groundbreaking executive order on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” This order pushed federal agencies to create guidelines ensuring AI is used responsibly, especially at work. The goal is to make sure AI helps improve workplaces without causing unfair treatment or discrimination.


Department of Labor’s New Guidelines

Wage and Hour Division’s Bulletin: On April 29, the Department of Labor (DOL) Wage and Hour Division released a bulletin explaining the risks of using AI at work. This bulletin emphasizes the inherent risks associated with AI use and underscores that AI should not replace human oversight. According to the guidelines outlined in FAB, employers must ensure that responsible human oversight accompanies the deployment of AI technologies.


Given the various challenges associated with AI technologies, it is crucial for employers to navigate the complexities while adhering to laws like the Fair Labor Standards Act (FLSA) and others, which stipulate that employers remain accountable for legal issues arising from the use of AI. Even if AI systems autonomously take adverse actions against employees, such actions could potentially constitute retaliation under FLSA and related statutes.

 

Guidance of Federal Contractors: On April 29, the DOL Office of Federal Contract Compliance Programs issued guidelines aimed at federal contractors utilizing AI, which are valuable for all employers to consider.


These guidelines emphasize several critical practices for the ethical and effective deployment of AI tools in the workplace. Employers are advised to ensure that AI technologies are not only fair and job-related, but also regularly monitored for biases that could inadvertently impact decision-making processes. Additionally, keeping employees well-informed about the use and implications of AI systems fosters transparency and helps mitigate potential concerns or misunderstandings.

These proactive measures not only enhance compliance with federal regulations, but also promote a more inclusive and equitable work environment where AI technologies are used responsibly to benefit both employers and employees alike.


AI Principles for Employers: On May 16, the DOL introduced a comprehensive set of principles aimed at guiding the development and implementation of AI technologies in the workplace. These principles underscore the importance of ethical considerations and employee welfare in AI deployment. They stress the need to keep workers informed about how AI is utilized, ensure transparency in AI decision-making processes, and safeguard worker data throughout the entire AI life cycle.


These guidelines aim to foster a fair and secure work environment where AI enhances operations while upholding privacy and ethical standards. Adhering to these principles helps employers build trust, mitigate risks, and integrate AI technologies responsibly for the benefit of all stakeholders.

 

State-level Developments

New York: Since July 5, 2023, New York city has a law regulating automated employment decision tools (AEDTs). Employers must conduct annual audits to check for bias, publish the results, and let applicants know when AEDTs are used. In addition, a new bill introduced this past February aims to regulate AEDTs across New York State. This bill requires annual bias analyses and public summaries of the findings.


New Jersey: In February, two bills were introduced in New Jersey to manage AI in hiring. One bill requires annual bias audits for AEDTs. The other regulates AI-enabled video interviews, demanding transparency and consent from applications.


Other States: California is working on regulations to prevent algorithmic discrimination and ensure AI tools are used transparently and responsibly. Starting Feb. 1, 2026, Colorado will require AI developers and users to protect against discrimination with high-risk AI systems. And both Illinois and Maryland have laws in place requiring employers to notify and get consent from applicants before using AI in hiring.

 

What Should Employers Do?

To navigate these new regulations and ensure compliance, employers should:

• Stay informed. Regularly review federal and state guidelines on AI use in the workplace.

• Conduct regular audits of AI tools to detect and mitigate bias or inequitable outcomes.

• Ensure transparency by clearly communicating to employees and applicants about the use of AI in employment decisions and their rights related to AI.

• Provide training to HR and management teams on the ethical and responsible use of AI tools.

• Consult with legal experts to say ahead of regulatory changes and implement best practices tailored to your organization.

 

Conclusion

As AI continues to evolve and integrate into the workplace, new and expanded laws will emerge to govern its use. Employers must proactively adapt to these changes to harness AI’s benefits while ensuring compliance with legal standards. If you have questions about any of these developments, it is prudent to consult with labor and employment counsel.


Sabba Salebaigi-Tse is an attorney who specializes in labor and employment-law matters at the Royal Law Firm LLP, a woman-owned, women-managed corporate law firm certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council.


Sabba Salebaigi-Tse wrote this article which was featured in Businesswest. Click here to visit their website.

Client Update: Supreme Court Ends Nationwide Injunctions—What Employers Need to Know

July 25, 2025
On June 27, 2025, the U.S. Supreme Court ruled in Trump v. CASA that federal district courts cannot block executive orders for the entire country. The Court held that such broad injunctions exceed the authority Congress granted under the Judiciary Act of 1789. Courts may now only stop enforcement for the parties in the case—not for everyone else. What Happened in the Case President Trump issued Executive Order 14160 in early 2025. It denies birthright citizenship to children born in the U.S. if neither parent is a citizen or lawful permanent resident. Multiple lawsuits followed. Three federal courts blocked the order nationwide. The Supreme Court disagreed. It sent the case back and told the lower courts to revise the injunctions to cover only the named plaintiffs. The Court did not decide whether the order itself violates the Constitution. It ruled only on how far a court’s injunction can reach. Why It Matters to Employers The ruling affects how quickly and widely federal courts can stop controversial policies, especially during fast-changing political cycles. Employers have often relied on national injunctions to pause new mandates on wages, workplace safety, pay transparency, and non-compete agreements. This decision limits that option. The Court said nothing about injunctions under the Administrative Procedure Act, which governs agency rules. But the opinion raises doubts about whether even those can continue on a nationwide scale. Justice Kavanaugh suggested they might, but the Court left that question for another day. What This Means for You No nationwide protection unless you sue If your business is not part of the case, you likely cannot rely on someone else’s win. You must litigate directly to get relief. Rules may take effect in one state and not another A federal court in Texas may block a rule, while a court in New York upholds it. National companies may face conflicting rules and inconsistent enforcement. Trade groups cannot shield you Even if your industry association wins an injunction, it may apply only to their members or to the parties named in the lawsuit. Older rulings may now shrink Past national injunctions—on vaccine mandates, non-compete bans, overtime rules, or joint-employer standards—could be challenged or narrowed based on this ruling. More class actions are likely Some plaintiffs may now push for class certification to restore broader relief. Employers could face more complex litigation as a result. Next Steps for Employers Identify any current or past rules your business has relied on that are being blocked nationwide. Confirm whether you were covered by name or just assumed you were protected. Reassess your risk exposure for pending federal actions under OSHA, the EEOC, the DOL, or the NLRB. Monitor APA-based injunctions to see whether courts continue to grant broad relief under that statute. Consider joining strategic litigation early if new executive orders or agency rules would harm your operations. You cannot assume another company’s lawsuit will protect you. The Court narrowed that path. To block a federal mandate, you may now need to act alone—or join the fight directly. Michael P. Lewis is an attorney at The Royal Law Firm with experience advising clients through the litigation process. Michael helps employers resolve workplace challenges with focus, precision, and judgment. He counsels and defends businesses across Massachusetts and Connecticut, handling matters involving discrimination, harassment, retaliation, wage and hour claims, restrictive covenants, and breach of contract. His practice includes litigation in state and federal courts and before administrative agencies. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

The Royal Law Firm recently welcomed Michael P. Lewis to its team!

July 14, 2025
Welcome Michael!