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DOL Issues Bulletin Reminding Employers that Labor Laws Apply to AI

03 Jun

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Update Applicable to:Effective date
All employersSee details below


What happened?

On April 29, 2024, the Wage and Hour Division (WHD) issued the DOL FIELD ASSISTANCE BULLETIN No. 2024-1, which offers guidance to field staff, on the application of the Fair Labor Standards Act (FLSA) and other federal labor standards, especially considering the increasing adoption of artificial intelligence (AI) and other automated systems in the workplace.


What are the details?

Key Bites

  • The bulletin was issued in response to President Executive Order 14110, which calls for a coordinated U.S. government approach to the responsible and safe development and use of AI.
  • Provides guidance on the application of federal labor standards, including the Fair Labor Standards Act (FLSA), in the context of the increasing use of AI and automated systems in the workplace.
  • Acknowledges the benefits of these technologies, such as improved efficiency and safety, and enhanced workforce accountability.
  • Highlights potential compliance challenges when these technologies are used without responsible human oversight.
  • Emphasizes that employees are entitled to the protections these laws provide, regardless of the tools and systems used in their workplaces.
  • While it provides an overview of potential compliance issues that may arise due to the use of AI and automated management technologies, it does not cover all possible technologies or interactions between AI and federal labor standards.
  • The requirements of the laws enforced by WHD are set by statutes and regulations, and the Federal Register and the Code of Federal Regulations remain the official resources for regulatory information published by the DOL.


Business Considerations

  • Employers will need to review the DOL Bulletin to read through the details of the guidance.
  • Employers should ensure compliance with the Fair Labor Standards Act (FLSA) when using AI and automated systems.
  • Employers should implement responsible human oversight when using AI and automated systems to prevent potential compliance issues.
  • Employers should stay updated with any new regulations or executive orders related to AI and automated systems.
  • Employers should audit their current policies, practices, and procedures, to ensure they comply with state and federal laws, especially with all relevant laws and regulations when using AI and automated systems in the workplace.


Source References


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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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