AI Governance, Transparency, and Bias Audits in Employment: State Law Update, Mobley v. Workday, Compliance Issues

Mr. Brenner advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits. He also represents employers in all aspects of employment and labor litigation and counseling, including in both single-plaintiff and class action matters, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. Mr. Brenner assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Mr. Goldstein advises employers on all facets of domestic and global workplace strategies, compliance, risk-mitigation measures, and litigation, with pioneering experience in AI and tech-driven employment issues. His practice includes counseling employers on compliance, policy development, and litigation avoidance, as well as defending them in workplace-related disputes. Mr. Goldstein’s work spans the full range of workplace matters, including policy and handbook development; risk assessment and litigation avoidance; compliance with anti-discrimination, anti-harassment, wage and hour, and other workplace laws; and conducting internal investigations. He also advises on hiring, discipline, discharge, reductions in force, and restructuring decisions, and provides workplace training. He further counsels clients on enforcement of non-competes and other restrictive covenants; drafting employment, independent contractor, separation, confidentiality, and other workplace-related agreements; government audits and investigations; and the workplace implications of franchisor-franchisee relationships. In addition, as a pioneering technology lawyer, Mr. Goldstein counsels employers on artificial intelligence and tech-related workplace issues. He frequently writes and speaks on employment-related issues.