LawFlash

The New York City Department of Consumer and Worker Protection (DCWP) announced that it would postpone enforcement of New York City Local Law 14a4 (the AI Law) from January 1, 2023, to April 15. The DCWP also released further revisions to its proposed rules implementing the AI Law and invited additional public comment.

The New York City AI Law makes it an unlawful employment practice for employers to use automated employment decision tools (AEDTs) to screen a candidate or employee within New York City unless certain bias audit and notice requirements are met. The DCWP, the agency charged with enforcing the AI Law, released proposed rules clarifying those requirements on September 23, 2022—a mere 100 days before the AI Law went into effect.

Public comment on the rules noted the limited window the DCWP was providing for compliance and requested that the DCWP grant employers further time to conform with the law. Commentors also highlighted several areas where further guidance was needed from the DCWP in final rules. In response, the DCWP recently announced that it was releasing a revised version of its proposed rules and would hold a second public hearing on January 23, 2023. It further stated that, in the interim, it would postpone enforcement of the AI Law until April 15, 2023.

REVISED PROPOSED RULES

The revised proposed rules make four significant alterations to the DCWP’s September 2022 proposal.

First, the revised proposed rules slightly narrow the definition of...

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