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Michelle York

Michelle Barineau York advises U.S. and multinational employers on a broad spectrum of employment law matters. She regularly counsels employers on wage and hour compliance, employee classification, pay equity, and leave-related issues, and she drafts and negotiates key employment documents, including employment agreements, workplace policies, and separation agreements. Michelle brings substantial experience investigating workplace complaints and frequently partners with white collar colleagues to conduct sensitive internal investigations.

Michelle guides employers through hiring, performance management, and employee terminations, as well as workforce change strategies, including reorganizations, reductions in force, and WARN compliance. She also provides practical, business-focused advice on workplace issues impacting employers, including remote work, employee privacy, and workplace culture, and she offers leading‑edge guidance on the use of artificial intelligence in the workplace.

Michelle helps clients navigate matters involving harassment, discrimination, non-competition, and other issues arising under state and federal employment laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, and the Fair Labor Standards Act. She relies on her experience as an employment litigator to advise clients when responding to agency charges and demand letters, including whistleblower retaliation complaints, and frequently interacts with the Equal Employment Opportunity Commission, state and local equal employment opportunity agencies, and the Occupational Safety and Health Administration.

Michelle works closely with colleagues in employee benefits and executive compensation and corporate groups to address employment matters arising in mergers, acquisitions, and other strategic transactions, and she regularly collaborates with California‑based colleagues on matters implicating California employment law.

Recently, the Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) unveiled new guidance regarding the use of automated systems and artificial intelligence (collectively referred to as “AI”) in the workplace.  This guidance was issued as a part of a series of actions that the Biden administration has taken to address AI in various contexts and industries. 

The OFCCP guidance follows President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, which directed the Secretary of Labor to “publish guidance for Federal contractors regarding nondiscrimination in hiring involving AI and other technology-based hiring systems.”  Specifically, the guidance addresses how federal prime contractors and subcontractors should approach employment nondiscrimination risks and best practices when using AI in the context of the laws that OFCCP enforces.

Continue Reading Office of Federal Contract Compliance Programs Releases New Guidance on the Use of Artificial Intelligence in Federal Contracting Employment Processes