If your organization is navigating AI regulation using a patchwork of state laws, you’re not alone in feeling the strain. Congress heard testimony on Wednesday that those very laws may be broken.

The House Education & Workforce Committee’s Health, Employment, Labor and Pensions Subcommittee is contemplating whether new federal laws are needed to regulate artificial intelligence in the workplace.

The hearing, “Building an AI-Ready America: Adopting AI at Work,” revealed divisions between witnesses who argued existing employment laws are sufficient and those who said workers need stronger protections against algorithmic management and surveillance.

Here are five key takeaways for HR leaders from the hearing.

State AI laws are struggling in practice

Brad Kelley, a shareholder at Littler and former chief counsel to the EEOC commissioner, told lawmakers that rushed state legislation is creating an “increasingly unworkable regulatory environment” for employers.

He pointed to Colorado’s AI Act as a cautionary tale, stating that Gov. Jared Polis asked legislators to fix the law’s flaws on the same day he signed it in May 2024. Days later, Polis, the state Senate majority leader and attorney general, sent a letter to the business community pledging to revise it. The law, originally scheduled to take effect in early 2025, has been delayed until June 2026 and may face further postponement.

New York City’s AI law, which took effect in July 2023, has been, according to Kelley, “...

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