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. Hathaway conducts labor and employment-related due diligence for major corporate transactions, often working with other major law firms who bring him in to join deal teams as a labor authority. He has saved clients millions of dollars by identifying undisclosed labor risks present in commercial deals and helps employers assess the risks and benefits of using artificial intelligence and algorithms in workplace decision-making. Mr. Hathaway’s clients include private equity sponsors and funds, manufacturing and logistic companies, talent management companies and talent agencies, and major entertainment studios and networks. He has decades of experience in collective bargaining, resolving workplace disputes and risk management. During workforce reductions and reorganizations, Mr. Hathaway helps clients comply with the federal WARN Act and state counterpart laws, and advises clients on layoffs of all sizes. He also defends his clients in employment disputes against charges brought before the EEOC and NLRB as well as class actions and individual lawsuits. 

Mr. O'Keefe is an experienced trial lawyer who, for nearly 30 years, has litigated employment disputes of all types on behalf of employers, before federal and state courts, arbitral tribunals, and state and federal administrative agencies throughout the U.S. He has litigated employment-related lawsuits alleging breach of noncompete agreements, theft of trade secrets, discrimination, sexual harassment, whistleblowing, wage and hour violations, Title IX violations, breach of contract, defamation, fraud, and other business-related torts. His practice includes representing clients in complex class and collective litigation, including alleged violation of state and federal pay equity laws, violations of wage and hour laws, and discrimination claims. In addition to his extensive litigation practice, he regularly advises employers, writes and speaks on a wide range of employment-related issues. He counsels clients concerning pay equity, use of Artificial Intelligence in the workplace, management of personnel problems, ADA/FMLA compliance, reductions in force, investigation of employee complaints, state and federal leave laws, wage and hour issues, employment policies, and contracts.