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Job applicants sue Eightfold over “hidden” AI hiring scores, a new FCRA theory employers should watch
A new putative class action filed in Contra Costa County, California argues that AI-generated hiring scores and rankings can be treated like “consumer reports,” triggering the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA). The defendant is Eightfold AI Inc., a recruiting platform that, according to the complaint, evaluates and ranks job applicants for employer customers. This is a complaint, so remember these are alle
Mark Addington
18 minutes ago4 min read
A New White House Executive Order Tries to Box Out State AI Laws, Florida Employers Should Not Relax
A December 11, 2025, White House executive order titled “Ensuring a National Policy Framework for Artificial Intelligence” signals a clear federal strategy: push back on the fast-growing patchwork of state AI laws, and build a path toward federal preemption. The order does four things that matter for employers who use AI tools in hiring, scheduling, performance management, and other HR decisions. First, it directs the Attorney General to create an AI Litigation Task Force w
Mark Addington
Jan 93 min read
DOL WHD Issues Six New Opinion Letters (FLSA and FMLA): Practical Takeaways for Employers
On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) released six new opinion letters, four under the Fair Labor Standards Act (FLSA) and two under the Family and Medical Leave Act (FMLA). WHD is framing the opinion-letter program as a compliance tool: a way to apply federal labor statutes to concrete workplace fact patterns, and to promote consistency in enforcement. A quick caution up front: opinion letters are fact-specific, and courts are not re
Mark Addington
Jan 56 min read
Trump’s New AI Executive Order Targets State AI Laws, What Florida Employers Should Know and Do Now
On December 11, 2025, the White House issued an executive order titled “ Ensuring a National Policy Framework for Artificial Intelligence. ” Its stated goal is to preserve U.S. “global AI dominance” through a “minimally burdensome” national framework, and to push back on what it calls “onerous and excessive” state AI laws. If you operate in Florida, it is tempting to read this as “state AI regulation is over.” That is not what this order does. Practically, it sets up a federa
Mark Addington
Dec 12, 20255 min read
Danger, Employers, Danger! Is AI Quietly Turning Your “Exempt” Employees Into Overtime Workers?
Florida employers are leaning into artificial intelligence for scheduling, pricing, HR screening, and even management decisions. That makes business sense, but it also raises a quieter question: at what point does AI change jobs so much that a previously “exempt” employee becomes overtime-eligible under the Fair Labor Standards Act (FLSA)? The law has not changed. The duties tests for the executive and administrative exemptions are the same. What is changing is what people ac
Mark Addington
Dec 9, 20255 min read
Can You Sue When AI Lies About You? Early U.S. Cases on AI Defamation
AI hallucinations, defamation, and liability are no longer academic questions. Large language models are now at the center of real lawsuits in U.S. courts, and those cases are beginning to show where the risk sits for both AI developers and ordinary businesses that use or are targeted by these tools. Below is an updated look at three American cases and what they mean for your organization. What the early AI defamation cases show Walters v. OpenAI (Georgia) In Walters v. OpenA
Mark Addington
Dec 7, 20256 min read
EEOC “Anti-American Bias” Messaging: A New Lens for National Origin Discrimination
The Equal Employment Opportunity Commission has released new national origin discrimination materials that speak directly to bias “against American workers.” The agency updated its national origin discrimination page, issued a one-page sheet titled “Discrimination Against American Workers Is Against the Law,” and highlighted both in a recent press release . These materials do not change Title VII, but they do give investigators and employees a clearer script for alleging th
Mark Addington
Nov 21, 20252 min read
When Technology Becomes a Medical Device: The ADA Challenge Behind Disney’s Smart Glasses Case
A longtime Disney World security host, Angeliz E. Bruno Cedeno , says she just wanted to see clearly and do her job. What began as a simple medical accommodation, wearing her doctor-prescribed Meta smart glasses to alleviate light sensitivity and astigmatism, has evolved into a federal disability-discrimination lawsuit against Walt Disney Parks and Resorts . A Request for Help Becomes a Dispute Bruno Cedeno started at Disney in 2022, earning $22 an hour. After developing pos
Mark Addington
Nov 4, 20253 min read
EEOC Lawsuit Warns: Staffing Agencies Cannot Enforce Discriminatory Client Requests
The Equal Employment Opportunity Commission ("EEOC") recently filed suit against WorkSmart Staffing, LLC, alleging that the company unlawfully refused to hire or refer female job applicants for laborer positions in response to a client’s “male-only” staffing request. The lawsuit, EEOC v. WorkSmart Staffing, LLC , No. 4:25-cv-01659-SGC (N.D. Ala.), filed on October 24, 2025, serves as a reminder that staffing agencies and their clients share legal responsibility for discrimina
Mark Addington
Nov 4, 20253 min read
Eleventh Circuit Clarifies the “Economic Realities” Test for Independent Contractor Status
The U.S. Court of Appeals for the Eleventh Circuit has again reminded employers that independent contractor classifications will be evaluated based on the economic realities of the working relationship, rather than solely on the terms of the contract. In Galarza v. One Call Claims, LLC , No. 23-13205 (11th Cir. Oct. 16, 2025) , the court reversed summary judgment for two insurance companies, finding that a jury could reasonably conclude three insurance adjusters were employ
Mark Addington
Oct 30, 20252 min read
Rising Digital Wiretapping Risks in Florida: The Orlando Health Decision
Florida businesses that operate websites or online portals should take note of a recent federal court ruling that expands the scope of the state’s wiretap law in the digital environment. In W.W. v. Orlando Health, Inc. , No. 6:24-cv-1068-JSS-RMN (M.D. Fla. Mar. 6, 2025), the court allowed a patient’s claims under the Florida Security of Communications Act (FSCA) and the federal Wiretap Act to proceed. The case focuses on whether common website-tracking tools constitute an u
Mark Addington
Oct 23, 20252 min read
Amazon Driver Sues EEOC Over Alleged Policy Ending Disparate-Impact Investigations
A new lawsuit filed in Washington, D.C. challenges what the plaintiff calls the EEOC’s “Disparate Impact Rule”—an internal directive alleged to order the administrative closure of all pending charges based solely on disparate-impact discrimination and to halt conciliation of such claims. The complaint asserts that the EEOC adopted this rule in September 2025 following President Trump’s Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (Apr. 28, 2025)
Mark Addington
Oct 22, 20252 min read
Florida’s New Open Carry Landscape: What Business Owners Need to Know
Florida’s firearm laws underwent significant changes in September 2025. On September 10, the First District Court of Appeal struck down...
Mark Addington
Oct 3, 20253 min read
New WHD Opinion Letters Clarify Tip Pooling Rules and Joint Employer Liability
On September 30, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued four new opinion letters under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act. Two of these opinions, FLSA2025-03 (tip pooling for oyster shuckers) and FLSA2025-05 (joint employer liability) , carry particular weight for restaurants, hospitality groups, and businesses that operate multiple related entities. Tip Pooling and “Front-of-House” Oyster Shuckers (FLSA
Mark Addington
Sep 30, 20253 min read
FTC Pulls Back, Florida Noncompetes Still Stand Strong
The Federal Trade Commission’s withdrawal from defending its nationwide noncompete ban has left Florida’s legal framework firmly in...
Mark Addington
Sep 14, 20253 min read
The Anthropic Copyright Settlement: What Florida Businesses and Creators Should Know
Artificial intelligence companies are facing growing scrutiny over how they acquire and use data to train their models. On September 5,...
Mark Addington
Sep 12, 20252 min read
When AI Marketing Crosses the Line: The FTC’s Warning to Businesses
The Federal Trade Commission (FTC) has made clear that long-standing rules against deceptive advertising apply with full force to...
Mark Addington
Sep 11, 20252 min read
Florida’s Minimum Wage Will Increase to $14.00 on September 30, 2025
Florida’s minimum wage will rise to $14.00 per hour on September 30, 2025 , under the 2020 constitutional amendment that requires annual...
Mark Addington
Sep 3, 20251 min read
SCOTUS Watch: What the Tastries Wedding-Cake Petition Could Mean for Florida Employers
The U.S. Supreme Court will soon decide whether to take up Cathy’s Creations, Inc. d/b/a Tastries Bakery v. Civil Rights Department to...
Mark Addington
Aug 28, 20253 min read
Disability Discrimination in the Remote Work Era: Must Florida Employers Always Allow Telework as an ADA Accommodation?
Since the pandemic, employees have increasingly requested remote work as a disability accommodation under the Americans with Disabilities...
Mark Addington
Aug 26, 20252 min read
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