A recent case from Brazil illustrates a developing category of AI risk with direct implications for U.S. businesses.  The court fined two lawyers for embedding a prompt injection into a court petition to manipulate the court’s AI tools.  The lawyers in question inserted invisible text (white letters on a white background) directing the court’s AI systems to review their petition, but not challenge it, regardless of any other instructions it was given.  The court discovered the hidden command, characterized it as an attempted manipulation of its AI systems, and sanctioned the lawyers. 

Join Mintz attorneys Jen Rubin, Paul Huston, Kevin Kim, Evan Piercey, and Nikki Rivers for a timely and insightful webinar exploring the complex and often conflicting landscape of California employment law. Designed for employers navigating the challenges of employing individuals in California, this webinar will cover recent developments including multi-jurisdictional non-compete enforcement, the latest California employment law updates, evolving DEI mandates, and the growing tensions between federal and state regulations. We’ll also examine upcoming legislative changes, the expanding role of AI in the workplace, and new obligations under the California Privacy Protection Act. Whether you're based in California, have employees who are, or simply are impacted by its far-reaching legal standards, this webinar will equip you with the tools to stay compliant and competitive.

As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many.  After a recent Ninth Circuit ruling, employers must be more vigilant than ever in monitoring and responding to employee social media postings, even when they are personal and “off duty.”

Major changes to PAGA are now official. Most importantly:

• Employees must have experienced each of the alleged violations to have standing to sue;
• Employers can correct inaccuracies on paystubs without penalty; and 
• Employers who take specific steps to prevent Labor Code violations will be able to substantially reduce liability. 

On June 18, 2024, Governor Newsom, in collaboration with legislative leaders, unveiled a landmark agreement to reform the Private Attorneys General Act (PAGA). 

California has now joined New York City and Colorado in requiring employers (for Golden State employers, of 15 or more) to publish “pay scales” in job postings. As with many things California, however, the new law (which becomes effective on January 1, 2023) regulates, but doesn’t guide. Pay transparency may be a worthy goal to effectuate parity, but employers face more questions than the new mandate answers. Mintz attorneys Paul Huston and Jen Rubin developed a field guide for pay “rangers” to help human resource professionals tackle this new law.