DOL Releases Guidance for Companies Using Artificial Intelligence
|
APPLIES TO All Employers |
EFFECTIVE May 16, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
|
Discussion
On May 16, 2024, and in response to President Biden’s AI Executive Order signed last October, the U.S. Department of Labor released a document entitled “Department of Labor’s Artificial Intelligence and Worker Well-being: Principles for Developers and Employers.” The document specifies eight principles established by the DOL intended to provide employers and developers who create and deploy AI with guidance for designing and implementing these technologies.
The DOL’s AI Principles emphasize ethical development, transparency and meaningful worker engagement in AI system design, use, governance, and oversight, protection of workers’ rights, and use of AI to enhance work. The Principles are applicable to all sectors and intended to be mutually reinforcing, though not all Principles will apply to the same extent in every industry or workplace. The Principles are not intended to be an exhaustive list but instead a guiding framework for businesses. The DOL encourages developers and employers to review and customize the Principles based on their own context and with input from workers. In particular, the AI Principles state:
- Centering Worker Empowerment: Workers and their representatives, especially those from underserved communities, should be informed of and have genuine input in the design, development, testing, training, use, and oversight of AI systems for use in the workplace.
- Ethically Developing AI: AI systems should be designed, developed, and trained in a way that protects workers.
- Establishing AI Governance and Human Oversight: Organizations should have clear governance systems, procedures, human oversight, and evaluation processes for AI systems for use in the workplace.
- Ensuring Transparency in AI Use: Employers should be transparent with workers and job seekers about the AI systems that are being used in the workplace.
- Protecting Labor and Employment Rights: AI systems should not violate or undermine workers’ right to organize, health and safety rights, wage and hour rights, and anti-discrimination and anti-retaliation protections.
- Using AI to Enable Workers: AI systems should assist, complement, and enable workers, and improve job quality.
- Supporting Workers Impacted by AI: Employers should support or upskill workers during job transitions related to AI.
- Ensuring Responsible Use of Worker Data: Workers’ data collected, used, or created by AI systems should be limited in scope and location, used only to support legitimate business aims, and protected and handled responsibly.
Importantly, the DOL’s guidance is not a federal mandate that creates new compliance obligations for employers, but it does provide insight into how federal agencies may target employer use of AI technology and how employers can protect against potential liability. The DOL indicated that they expect to release additional guidance with best practices to consider as employers implement the AI Principles. Employers should continue to monitor developments with respect to AI technologies in the workplace.
Action Items
- Continue to monitor developing legal authority and regulation of AI technology in the workplace.
- Consult with legal counsel regarding developing and implementing the use of AI technology in the workplace.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase