Labor & Employment

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AI in the Workplace: Managing Employment Law Risk From Hire to Fire

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Approved 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Approved 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Approved 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Arizona CPE for Accountants Approved 3.5 Total
New York CPE for Accountants Approved 3.5 Total
Washington CPE for Accountants Approved 3.5 Total
Wisconsin CPE for Accountants Approved 3.6 Total
HRCI Approved 3 Total
CPE for Accountants/NASBA Approved 3.5 Total
SHRM CP/SCP Approved 3 Total
Live Online
3 hours
Michael Whitbread
With Michael Whitbread from Littler Mendelson P.C.

Mon, Jun 22, 00:00 AM – 00:00 PM

Product ID 102372

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$299

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Overview

AI Is Already Making Hiring, Firing, and Monitoring Decisions - Is Your Client Protected?

Employers are deploying AI tools at every stage of the employment lifecycle - screening résumés, monitoring productivity, managing performance, and even flagging employees for termination - often without any legal oversight. For employment attorneys, the gap between how fast clients are adopting these tools and how well they understand the liability exposure is a crisis waiting to happen.
This program cuts through the complexity and gives you what you actually need: a clear, practical framework for advising clients on AI-related employment risk right now. You'll walk away with a command of the current regulatory patchwork, ready-to-use policy guidance, and the confidence to counsel clients before an EEOC charge or wrongful termination lawsuit forces the conversation. Register today!

  • Understand how AI hiring tools create Title VII and ADA disparate impact exposure - and how to protect clients who use them.
  • Navigate the growing state law patchwork on AI employment practices before it catches your clients off guard.
  • Identify when AI-driven workplace monitoring crosses into NLRA protected activity territory.
  • Recognize the trade secret and confidentiality risks that arise when employees use AI tools on the job.
  • Draft enforceable AI workplace policies that hold up under regulatory scrutiny.

*Any mention of specific products in this program is intended as part of a general overview and does not constitute NBI's endorsement or recommendation of any specific product or provider. This program is not sponsored by any technology or electronics provider.

Abbreviated Agenda

  1. AI in Hiring and Selection
  2. Workplace Monitoring and Employee Privacy
  3. Algorithmic Performance Management and Termination
  4. Employee AI Use, Policy Gaps, and What's Coming

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Related Topics

Product ID 102372

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Approved 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Approved 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Approved 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Arizona CPE for Accountants Approved 3.5 Total
New York CPE for Accountants Approved 3.5 Total
Washington CPE for Accountants Approved 3.5 Total
Wisconsin CPE for Accountants Approved 3.6 Total
HRCI Approved 3 Total
CPE for Accountants/NASBA Approved 3.5 Total
SHRM CP/SCP Approved 3 Total
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CLE
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Agenda

All times are shown in

  1. AI in Hiring and Selection

    1. How AI Hiring Tools Work and Where Employers Are Deploying Them
    2. Title VII and ADA Disparate Impact and Treatment Liability
    3. EEOC Algorithmic Discrimination Guidance and Employer Obligations
    4. NYC Local Law 144: Audits, Notice Requirements, and Broader Applicability
    5. Vetting AI Vendors: Key Contract Provisions and Due Diligence
    6. Legal Impacts of Drafting Employment Agreements and Policies With AI

  2. Workplace Monitoring and Employee Privacy

    1. AI Surveillance in Practice: Productivity Tracking, Keystroke Logging, and Video Monitoring
    2. State Employee Privacy Laws and Federal Trends: Consent, Notice, and Data Retention Traps
    3. NLRA Exposure: When AI Monitoring Intersects With Protected Concerted Activity
    4. Drafting Legally Defensible AI Monitoring Policies
    5. AI-Driven Scheduling, Productivity, and Compensation Tools (Creating Wage/Hour Issues)

  3. Algorithmic Performance Management and Termination

    1. How AI-Driven Performance and Termination Flags Create Wrongful Discharge Exposure
    2. The Explainability Problem: When Your Client Can't Say Why Someone Was Fired
    3. Defensive Documentation: What to Have in the File Before the Termination
    4. Defending an AI-Assisted Termination - and the Arguments Plaintiffs Will Make
    5. Red Flags in Auditing A Client's Performance Management System

  4. Employee AI Use, Policy Gaps, and What's Coming

    1. ChatGPT, Copilot, and Other Employee AI Use: IP and Confidentiality Exposure
    2. Trade Secret and Client Data Liability
    3. ADA Accommodation Obligations When AI Disadvantages Employees With Disabilities
    4. Evolving AI Use Policies
    5. State Law Tracker: Illinois, Colorado, California, and the Emerging National Patchwork
    6. Practical Risk Assessment: What to Advise Clients to Do Right Now

Who Should Attend

This program is designed for attorneys. It is particularly valuable for employment counsel, labor attorneys, and in-house counsel at small and mid-sized companies advising clients on workforce management, HR practices, and regulatory compliance. HR professionals and paralegals supporting employment law teams will also benefit from attending.

Speakers

Michael Whitbread
Michael
Whitbread
Littler Mendelson P.C.
Speaker bio
Michael Whitbread

Michael Whitbread

Littler Mendelson P.C.
Michael Whitbread

is of counsel at Littler Mendelson P.C. He is an international employment and data privacy lawyer whose work sits at the intersection of employment and labor law, emerging technology, and regulatory design. He advises multinational employers on complex cross-border issues, with a particular focus on the use of artificial intelligence in the workplace and evolving legal frameworks governing automated decision-making. He has extensive experience navigating and shaping compliance strategies across divergent legal regimes. He regularly advises on cutting-edge laws and proposals, including New York City's AEDT Law (Local Law 144), the California FEHA automated decision-making amendments and CPPA regulations, CCPA/CPRA, Illinois Human Rights Act AI amendments, and the Colorado AI Act. His work often involves designing governance frameworks that operate coherently across jurisdictions with fundamentally different approaches to privacy, equality, and labor regulation. He is particularly experienced in advising organizations during periods of regulatory transition, where legal frameworks are unsettled and practical "playbooks" do not yet exist. His experience spans the implementation of the General Data Protection Regulation, the early application of the EU AI Act, emerging 'digital workplace' health and safety laws, and forthcoming reforms to the Australian Privacy Act. He brings a strong interest in how legal systems adapt to technological change, particularly in balancing the values of innovation, fairness, and individual protection. He has held senior in-house roles with global responsibility. He most recently served as deputy to the general counsel of an AI-driven resume parsing and document comparison company headquartered in Australia. He previously held positions as global director of data protection, group data protection officer, and in-house employment law counsel at a FTSE 250 institutional and private client services group, with responsibility across nearly 20 jurisdictions. Earlier, he served as regional head of data protection and employment law at an international bank, and practiced as a privacy and employment lawyer at an offshore 'Magic Circle' firm. Before relocating to the United States, he served as chair of the Employment and Discrimination Tribunal in a British offshore jurisdiction during a period of significant legislative reform. He has substantial experience leading complex workplace investigations and advising on sensitive employee relations matters, including prior roles within a Magic Circle law firm in London and a major insurance company in Sydney. He is a regular speaker on AI governance, workplace technology, and the future of work. His broader interests focus on the development of legal frameworks that support fair, efficient and effective labor markets in rapidly changing technological and economic environments. He earned his B.A and LL.B degrees from University of Newcastle, and his M.A. degree from University of Sydney.

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