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Artificial intelligence is rapidly reshaping hiring. Employers increasingly use AI-enabled recruiting tools to screen resumes, rank applicants, administer assessments, and support hiring decisions. These tools may improve efficiency and consistency while also creating new litigation risk under existing employment discrimination laws and newly developing regulations.
Continue Reading AI-Assisted Hiring Is Here; So Are the Litigation Risks

The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) of 2022 allows a plaintiff alleging sexual harassment to opt out of an enforceable arbitration agreement. In…

Continue Reading Labels Are Not Enough: Why Calling It ‘Sexual Harassment’ May Not Be Enough to Defeat Arbitration

In Taduran v. Glidewell, the Fourth District Court of Appeal confirmed that proportionality, actual harm, employer good faith, and prompt remediation remain powerful factors in limiting both PAGA penalties and attorney’s fee exposure.…

Continue Reading The PAGA Rebalance: Reducing Risk and Rewarding Compliance