2025 Employment Laws on the Horizon As of December 2024 This Report captures employment and labor laws that take effect in 2025 and beyond. If you’d like to learn about newly enacted employment or labor laws, regulations, and noteworthy case law on an ongoing basis throughout the year, speak to your Seyfarth attorney about signing up for the monthly Employment Law Report. © Seyfarth Shaw LLP 2025 Employment Laws on the Horizon | 1 Workplace Laws, Regulations, Rules, and Policies AI CA (Eff. 1/1/25) – CA’s digital replica law makes agreements related to the performance of personal or professional services on or after January 1, 2025 unenforceable if (1) it allows for the creation and use of a digital replica of the individual’s voice or likeness in place of work otherwise performed in person by the individual (with limited exceptions) and (2) the person is unrepresented by legal counsel or a labor union. (A.B. 2602) NY (Eff. 1/1/25) – NY requires contracts involving the creation and use of digital replicas, applicable to contracts entered into or modified on or after January 1, 2025. (A. 8138 / S. 7676) IL (Eff. 1/1/26) – It is a civil rights violation to use AI with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment that has the effect of discriminating on the basis of a protected class or to use zip codes as a proxy for protected classes. Employers must provide employees with notice if it uses AI for a reason noted above. (H.B. 3773; Seyfarth Post) CO (Eff. 2/1/26) – CO’s AI bill requires private sector employers that use a high-risk AI system to (1) take reasonable care to protect consumers from algorithmic discrimination; (2) implement and regularly review a risk management policy and program that meets specified criteria; (3) complete an annual impact assessment; (4) include a statement on its website summarizing its use; and (5) notify consumers if AI is used to make, or is a substantial factor in making, consequential decisions, including providing a purpose statement and an option to opt out of its use. If AI’s use results in an adverse decision, employers must provide additional information to the consumer, an opportunity to correct incorrect data, and an appeals process. Employers may be exempt from certain requirements if it has fewer than 50 full-time employees, the AI is trained using outside data, and it discloses certain information to consumers. The bill has a broad definition of
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