The rapid integration of artificial intelligence into the workplace has created a new frontier for both employers and employees.
While AI offers efficiency and innovation, it also introduces significant risks regarding job security, data privacy, and workplace discrimination. Many professionals now find themselves uncertain about how existing labor laws apply to automated systems and algorithmic decision-making. Without clear guidance, workers risk losing their livelihoods to technology that lacks human oversight or legal compliance.
In this Executive Q&A, we sit down with Justin Cordello, a dedicated employment lawyer and founder of Cordello Law PLLC. Based in Western New York, Cordello has launched a specialized advice series focused on protecting employees in the age of automation. His firm serves as a vital resource for those navigating the complexities of modern labor disputes. Today, we explore how workers can safeguard their rights and what legal protections remain essential as AI continues to reshape the professional landscape.
Q: With the rise of AI-driven hiring and performance monitoring, what are the most common legal challenges employees currently face?
Justin Cordello:
There are several for example: Protecting employee from “black box” decisions where decisions using AI’s “logic” is hidden; Bias and Proxy Discrimination where the algorithm favors candidates from certain zip codes and filters out candidates based on race or socioeconomic status; or where the candidates are penalized because of employment gaps which disproportionately affects women who took parental leave or individuals with health histories.
Q: How can a labor attorney help an employee determine if they have been unfairly targeted by a biased algorithm?
Justin Cordello:
Speaking to an experienced labor & employment attorney is going to be your best bet to make that determination. Having that attorney review any documentation or correspondence that the company has provided related to your employment concerns is also essential. Typically the meeting with the attorney will last 30-45 minutes to allow a thorough exploration of any legal claims you have and understanding your rights moving forward.
Q: Your new advice series focuses on “protecting your livelihood.” What are the first steps a worker should take if they suspect AI is being used to replace their role illegally?
Justin Cordello:
Start by documenting the situation so that you understand exactly how AI is being used by the company’s vision for your role. AI typically replaces tasks not entire jobs, so audit your tasks to identify where AI falls short and where human oversight is still required. Review your legal and contractual rights. Engage the company in a dialogue about working with the AI, perhaps becoming the AI Pilot, the person who knows how to prompt and manage AI.
Q: In what ways do traditional employment laws in New York protect workers against “black box” decisions made by automated systems?
Justin Cordello:
New York is a national leader in regulating how artificial intelligence and automation affect the workforce. For instance, New York City Local Law 144, New York State WARN Act and proposed bills in the State Assembly all focus on transparency, bias prevention and human oversight.
Q: As companies implement AI to increase productivity, how can employees ensure their right to privacy and data protection is maintained?
Justin Cordello:
Staying informed of the significant developments in New York laws for example: laws that prevent monitoring of employees’ personal calls without adequate notice, prohibit access to employees’ social media accounts and protections against providing personal biometric data like finger prints.
Q: What specific language or clauses should employees look for in new contracts regarding the use of their work to train AI models?
Justin Cordello:
Look for “Training Rights” clauses and try to limit this clause to internal company use only to prevent the company from selling a model you trained to a third party or competitor. Also “Waiver of Moral Rights”, in certain fields employees have rights to be identified as the creator and AI training could produce “your” work without consent or compensation. Other clauses to be aware of are Meaningful Human Review (MHR) and Leakage Protections.
Protecting Your Future in the Automated Workplace
This interview highlights the critical intersection of technology and worker rights. The shift toward automation does not strip employees of their legal protections; rather, it demands a more vigilant approach to documenting workplace changes and understanding algorithmic bias. By staying informed through expert resources and legal counsel, professionals can ensure that innovation does not come at the cost of fairness or job security.
Looking ahead, the role of the labor attorney will be more vital than ever as legislation catches up to technological advancement. Proactive legal strategies will define the future of workplace relations, ensuring that AI serves as a tool for growth rather than a mechanism for displacement. Protecting your career in this new era requires a blend of technical awareness and robust legal advocacy.To learn more, visit https://cordellolaw.com