Labor & Employment Law Update

As employers across the Midwest ramp up staffing for the holidays, it’s easy to think of seasonal and temporary workers as short-term additions to the workforce. But when it comes to employment laws, a short-term hire is still an employee. Paid leave requirements, staffing agency rules, and health coverage obligations can arise soon after a worker starts. Thinking through those issues before onboarding can help employers avoid unwelcome surprises during the holiday rush.

Many employers have implemented AI tools without fully considering that the resulting chat histories may be discoverable in litigation. Like emails, text messages, Slack communications, and other electronically stored information (ESI), generative AI chat histories are increasingly relevant to litigation. Though often viewed by employees as informal brainstorming, employee prompts, AI-generated responses, uploaded documents, and usage logs may later be scrutinized in relevant employment disputes, commercial disputes, and investigations.

As employees increasingly rely on AI to assist with workplace decisions and business operations, organizations should evaluate whether their existing records management, preservation, and litigation hold practices adequately address AI chat histories.