Posts

Showing posts with the label 2026-02-13 Digest

New York Governor Unveils New AI Agenda

Image
New York Governor Kathy Hochul announced plans to launch a new office to oversee the implementation and enforcement of New York’s artificial intelligence (AI) and digital technology laws as part of a series of recent proposals. The moves signal that New York will remain one of the leaders among states regulating AI and technology platforms at the same time the fedoeral government seeks to preempt and restrict state regulation of AI. Quick Hits New York Governor Kathy Hochul has announced a new AI agenda, including the establishment of an Office of Digital Innovation, Governance, Integrity and Trust (DIGIT) to oversee digital safety and technology governance. The governor also announced plans to advance legislation aimed at regulating AI-generated content and enhancing consumer privacy, including proposals to mandate labeling of provenance data and require data broker registration. This initiative builds on a series of recent AI and technology policies in New York, positioning the state...

Standing Near the Grenade: BIPA Doesn’t Reach Entities That Facilitate—But Do Not ‘Acquire’—Biometric Data

Image
On January 30, 2026, the Appellate Court of Illinois affirmed summary judgment in  Salinas v. Arthur Schuman Midwest, LLC , in favor of staffing agencies accused of Biometric Information Privacy Act (BIPA) violations, holding that the agencies did not “collect, capture, or otherwise obtain” biometric data simply by enrolling employees in a biometric time clock system and instructing them on its use. 00:00 10:28 Quick Hits O n January 30, 2026, the Appellate Court of Illinois affirmed summary judgment in  Salinas v. Arthur Schuman Midwest, LLC , in favor of staffing agencies accused of BIPA violations, holding that the agencies did not “collect, capture, or otherwise obtain” biometric data simply by enrolling employees in a biometric time clock system and instructing them on its use. The court emphasized that each operative verb in Section 15(b) of BIPA—collect, capture, purchase, receive, and obtain—“presupposes that a defendant acquires the biometric data, not merely that its...

Virginia Court Expands Non-Compete Ban to Include Some Non-Solicitation Agreements: 5 Steps for Employers

The Court of Appeals of Virginia just issued a surprising ruling that expands the state’s statute banning non-competes for low-wage employees to also include some non-solicitation agreements. The January 27 decision in  Sentry Force Security, LLC v. Barrera  should cause employers in Virginia to revisit their restrictive covenant strategy. Here is what employers need to know and a list of action items you should consider. Enforceability of Non-Solicitation Agreements Against Low-Wage Employees In 2020, the Virginia legislature enacted a law prohibiting employers from entering into or enforcing a post-employment “covenant not to compete” against “low-wage” employees, defined as any employee earning less than the average weekly wage in the Commonwealth ($1507.01 per week in 2026), with limited exceptions.   Lawmakers amended the statute  in 2025 to expand the prohibition to cover any employee who is non-exempt under the Fair Labor Standards Act.  You can read more...