As we previously reported, on September 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) published proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law 144 of 2021). Because the proposed rules generated significant interest, the DCWP postponed a hearing originally scheduled for October 24, 2022, in order to designate a virtual platform that could accommodate a larger number of participants. The rescheduled hearing, which was held on November 4, 2022, attracted more than 270 attendees, including at least fifteen who provided comments orally. In addition, the proposed rules generated a high volume of written comments.
With the January 1, 2023, effective date of the law looming, the DCWP announced on December 12, 2022, that it intended to convene a second public hearing and postpone enforcement of the law until April 15, 2023. While no date for the public hearing has been furnished, this news comes as a reprieve for employers and employment agencies that hire or promote candidates for employment within New York City and utilize automated employment decision tools in a manner that could come within the scope of the new law.
The New York office of Ogletree Deakins will continue to monitor developments with respect to the implementation of the new law and its impact on the workplace and will post updates on the Cybersecurity and Privacy, New York, and Technology blogs as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.