FP Workplace Law Forecast 2024

Artificial Intelligence

2023 Recap

Congressman Provides Roadmap For Employers While the Senate kicked around ideas for regulating AI during a September forum, attendees at FP’s AI Conference in Washington, D.C., were treated to an exclusive roadmap for AI compliance by Representative Ted Lieu. Employers React to Generative AI Wave 2023 was defined as the year where ChatGPT and other GenAI tools took center stage. And employers were tasked with adapting to this transformative tech almost overnight. We provided a list of ways that HR should be using AI as well as the 10 most important things that need to be included in any workplace AI policy – not to mention a complimentary sample policy for employers. We also crafted the definitive overview on what employers need to consider before using AI notetakers in their organizations. AI Regulation is Starting to Appear The nation’s first law requiring employers to conduct an independent bias audit when using AI tools to hire and promote workers took effect in NYC this July, starting what appears to be an inevitable cascade of new rules and requirements for employers across the country. The next shoe dropped in October when the president’s executive order set into motion the next wave of activity from federal agencies. And while the EEOC might not issue new AI-related rules anytime soon, the federal agency provided a warning in May that AI actions will be closely scrutinized for possible employment discrimination violations. Hollywood Strikes Reinforced Importance of Introducing AI Carefully AI emerged as a key issue in the strikes waged by screenwriters and actors against television and movie production companies, called an “existential threat” to creative professionals. But these labor disputes serve as a learning lesson for successfully incorporating AI into your business models with minimal disruption – and in a mutually beneficial manner for both you and your workforce.

Erica Wilson Associate Pittsburgh ewilson@fisherphillips.com

David Walton Partner Philadelphia dwalton@fisherphillips.com

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