ATTENTION EMPLOYERS: D.O.L Issues Guidelines You Should Know About AI and Other Technologies in the Workplace
On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division published Field Assistance Bulletin (FAB) No. 2024-1, Artificial Intelligence and Automated Systems in the Workplace Under the Fair Labor Standards Act and Other Federal Labor Standards.
This FAB issues guidelines and explores the risks associated with the use of AI and other technologies in the workplace. The main emphasis of the FAB is that AI is not a substitute for human oversight and that there must be responsible human oversight in tandem with the use of AI technologies.
The risks and challenges highlighted by this bulletin in relation to AI use in employment include:
- Appropriately tracking hours works, monitoring breaks and calculating wages;
- Setting schedules, assigning tasks’
- Managing break times and assessing worker productivity;
- Determining eligibility, calculating available leave, determining if an employee is qualified to take leave, and requesting documentation needed in regard to handling leave requests;
- Properly navigating the needs of employees covered under the PUMP Act without limiting their breaks or negatively reflecting on their worker productivity their
- Ensuring proper compliance with the Employee Polygraph Protection Act (“EPPA”) Law.
It is important to note that, even if an AI technology or other technology is taking adverse action against an employee, this can still be construed as retaliation under the FLSA and other related laws. Moreover, the use of AI and other automated systems used to surveil employees for protected activity and to take adverse actions could violate anti-retaliation laws.
The use of such technologies has potential benefits to a workplace and to both the employees and the employer. It is the responsibility of employers to ensure that their use of AI and other technologies complies with all relevant laws. Employers can mitigate their risk of any potential law violations by ensuring there is human oversight to the technologies.
You can read more about the DOL's ruling on their website by clicking here.
If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
