LaborSpeak: AI in Hiring

On January 20, 2026, two job applicants filed a proposed class action against Eightfold AI Inc. – a talent intelligence program powered by artificial intelligence – in California Superior Court, challenging the use of AI in the hiring process and arguing for the application of certain laws to such use. 

All New York and California employers should be aware of some changes that prohibit employers from requiring employees to repay certain amounts in the event they leave employment prior to a set date. These are commonly known as “stay or pay” agreements. Both New York and California recently enacted laws regulating these types of agreements, though the laws currently differ in key ways.

New York City recently enacted changes to the Earned Safe and Sick Time Act that will impact how all private employers provide leave to employees. These amendments expand employee rights and will go into effect February 22, 2026.

On October 1, 2025, California amended its existing mini-WARN Act, imposing on employers, who are conducting a mass layoff, termination, or relocation of its workforce, an additional obligation to include specific information in their WARN notices.