Hunton Retail Law Resource

Recently, the Colorado legislature sent a bill, HB 26-1210, to Governor Jared Polis’ desk that would place limitations on the use of artificial intelligence to either 1) set prices for consumers; or 2) set wages for employees.  Governor Polis vetoed the bill, citing vague and overly broad definitions in the bill’s text.  But the conduct prohibited in the bill has been the subject of numerous bills in legislatures all across the country. Retailers should take note and proceed with caution if using AI to set wages. 

The results are in: attorneys are filing more employment law cases in court.  Indeed, year-end reporting from legal databases like LexMachina confirm that the pace of filing new employment discrimination cases reached its highest level in 2025, surpassing 20,000 new filings nationwide.  Though overtime and minimum wage lawsuits under the Fair Labor Standards Act (FLSA) have continued to decline since 2015, discrimination cases under laws like Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act are on the rise.