The Proskauer Brief: Hot Topics in Labor & Employment Law

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Covering the latest legal developments and practical solutions for employers.

  1. 07/29/2025

    Episode 53: AI Bias Audits

    In this episode of The Proskauer Brief partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is head of the Government Contractor Compliance Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s Los Angeles office, discuss laws requiring employers who use artificial intelligence (AI) to conduct bias audits and impact assessments to root out potential algorithmic discrimination.  Guy and Jonathan discuss two high profile laws applicable to employers in New York City and Colorado, what employers need to do to ensure compliance, and the possible proliferation of bias audit requirements in other jurisdictions.

    17 min

  2. 02/03/2025

    Episode 52: AI at Work - Design Use Mismatches

    In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are actually used in practice. Many AI developers emphasize their rigorous efforts to eliminate bias, reassuring employers that their tools are fair and objective, but a system designed to be bias-free can still produce biased outcomes if used improperly. Tune in as we explore real-world examples of these risks and what employers can do to ensure they are leveraging AI responsibly.

    7 min

  3. 01/08/2025

    Episode 51: AI at Work - Black Box Issues

    In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of "black box" systems—AI tools whose internal decision-making processes are not transparent.  The internal workings of such systems may not be well understood, even by the developers who create them. We explore the challenges this poses for employers seeking to ensure that their use of AI in employment decisions does not inadvertently introduce bias into the process.  Be sure to tune in for a closer look at the complexities of this conundrum and what it means for employers.

    5 min

  4. 12/02/2024

    Episode 50: AI at Work - Training Data Issues

    In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s Los Angeles office, explore the critical issue of AI training data in employment decisions. We discuss how issues with training data can create risk with respect to employment discrimination laws, even when AI systems are not explicitly programmed to consider protected characteristics. We also highlight the potential for inaccuracies in AI models due to insufficient or unrepresentative training data. So be sure to tune in as the legal implications of these issues can be of importance to employers when understanding potential biases in AI systems.

    10 min

  5. 11/04/2024

    Episode 49: AI at Work - What Employers Need to Know

    In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s Los Angeles office. In part one of our insightful artificial intelligence series, we explore what employers need to know about using AI when it comes to employment decisions, such as hiring and promotions. Tune in as we break down key considerations and best practices for navigating the evolving landscape of AI in the workplace and provide essential tips that can enhance your approach to talent management.

    12 min

  6. 11/06/2023

    Episode 48: In a World Without Non-Competes

    In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor & Employment Law Department.  Along with partner Steve Pearlman, Daryl and Edna recently published an article in Legal Drive that discusses methods and strategies employers can use to bulk up their protections for trade secrets and human capital in a world where non-competes are becoming less and less viable. Tune in as they build on the topics covered in that article and discuss in greater depth what options are available to employers.

    8 min

  7. 08/23/2023

    Episode 47: The new NLRB standard on Handbook Policies and Workplace Rules

    In this episode of The Proskauer Brief, senior counsels Jurate Schwartz, Joshua Fox, and special employment law counsel Laura Fant discuss the new standard on personnel policies and workplace rules set forth by the National Labor Relations Board (NLRB) in its August 1, 2023 decision in Stericycle, Inc., 372 NLRB No. 113 (2023). Be sure to tune in as we discuss why employers should take this opportunity to review their existing handbooks and policies with counsel in light of the new standard.

    11 min

  8. 02/17/2023

    Episode 46: NYC Council Considers Expanding the City’s Pay Transparency Law

    In this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Council's recently proposed amendments to the city's pay transparency law. Presently, an employer is only required to include the “base annual or hourly wage or rate of pay” and not other forms of compensation or benefits offered. The proposed amendment would expand these obligations to: (1) require that jobs, promotions and transfer opportunities include “a description of the job, promotion or transfer opportunity and the non-salary or non-wage compensation for such position” in the posting; and (2) that employers disclose to current employees – on an annual basis as well as upon an employee’s request – the “range of compensation” for that employee’s job title, including bonuses, benefits, stocks, bonds, options and equity or ownership.

    10 min
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