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Aug. 13, 2026

California's AI over-legislation problem: Why existing employment law already has it covered, part 2

Part two of this series argues that pending California AI workplace bills define "automated decision system" so broadly that they would sweep in routine scheduling and timekeeping software, while California already has an adequate, outcome-based regulatory framework through amended FEHA regulations that took effect Oct. 1, 2025, and hold employers liable only when AI tools actually produce discriminatory results.

Brett Young

Partner
ArentFox Schiff LLP

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California's AI over-legislation problem: Why existing employment law already has it covered, part 2
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Part one of this series explored certain current legislation pending in California related to the regulation of AI in the workplace. It also suggested that California is currently attempting to over-legislate AI in a way that did not solve any currently existing problem. This sec...

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