ATTENTION EMPLOYERS: D.O.L Issues Guidelines You Should Know About AI and Other Technologies in the Workplace

June 7, 2024

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.

Brandon Calton admitted to the United States District Court of Connecticut

June 10, 2025
Brandon Calton is now admitted to the United States District Court, Connecticut! The Royal Law Firm is passionate about expanding our reach so that we can better serve our clients and their needs. Brandon is admitted in Massachusetts, the United States District Court of Massachusetts, and the United States District Court of Connecticut.

Federal Court Vacates EEOC’s “Abortion Accommodation Mandate” in PWFA

By Heather Child • June 9, 2025
On May 21, 2025, the U.S. District Court for the Western District of Louisiana struck down a provision in the Equal Employment Opportunity Commission’s (EEOC) final rule under the Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority by requiring employers to accommodate elective abortions that are not medically necessary. Background Information: In June 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Congress passed the Pregnant Workers Fairness Act in December 2022, and it became effective in June 2023. The law requires employers with 15 or more employees to provide reasonable accommodation to qualified applicants or employees who have physical or mental conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. In April 2024, The EEOC issued its final interpretation of the PWFA including abortion in the definition of “pregnancy, childbirth, or other related medical conditions” thereby requiring employers to provide accommodations related to abortion. In May 2024, the states of Mississippi and Louisiana sued the EEOC, arguing that the interpretation conflicted with the U.S. Supreme Court’s Dobbs decision and their respective state laws on abortion. In June 2024, Judge Joseph found that the EEOC exceeded its authority and issued a preliminary injunction postponing the effective date of the interpretation to provide accommodation for elective abortions until final judgment was entered in this matter. The final judgment was entered on May 21, 2025, that remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidances. Employer Takeaways: While employers are no longer (as of now) REQUIRED to provide accommodation for elective abortions, the remainder of the PWFA remains in full effect The decision to have or not have an abortion remains protected under Title VII The PWFA does not supersede state or local laws providing greater protection for pregnant workers. It is important to stay up to date on state regulations to ensure employers are complying with state laws. While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation.  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.