What happened?

On October 16, 2024, the U.S. Department of Labor (DOL) issued comprehensive guidance on using Artificial Intelligence (AI) in the workplace, focusing on worker well-being. This update expands upon earlier guidance released in May 2024, which focused on AI principles.

Quick Summary:

• The DOL’s updated guidance focuses on ensuring that AI technologies benefit employers and employees in the workplace.

• The emphasis is on worker empowerment, ethical AI development, AI governance and oversight, transparency, labor, and employment rights protection.

• The guidance is non-binding but offers valuable best practices and recommendations.

What are the details?

• The DOL’s guidance aims to ensure that AI technologies improve job quality, support worker autonomy, and ensure workers share AI adoption’s benefits.

• It provides a roadmap for responsible AI in the workplace, helping businesses harness these technologies while proactively supporting and valuing their workers.

• The core principles and best practices that the guidance highlights are the following:
  

1. Worker Empowerment: Employers should seek regular input from workers about AI adoption and use and negotiate in good faith in unionized workplaces.
2. Ethical AI Development: Developers should establish standards to protect workers’ civil rights, ensure safety, and meet performance requirements.
3. AI Governance and Oversight: Employers should establish governance structures to ensure AI systems’ consistent and ethical implementation.
4. Transparency: Employers should be transparent with workers and job seekers about the AI systems used, the data collected, and the impact on employment decisions.
5. Protecting Labor and Employment Rights: AI systems should not violate workers’ rights, including the right to organize, health and safety rights, wage and hour protections, and protections against discrimination and retaliation.
6. Using AI to Enable Workers: AI should assist and complement workers, enhancing job quality and productivity.
7. Supporting Workers Impacted by AI: Employers should provide training opportunities to prevent displacement, prioritize retraining and reallocating displaced workers, and collaborate with state and local workforce systems for upskilling.
8. Responsible Use of Worker Data: Employers should limit the collection and use of worker data to legitimate business purposes and protect it from internal and external threats.

Business Considerations

• Employers should establish governance structures to ensure consistent and ethical implementation of AI systems, including meaningful human oversight for significant employment decisions.

• Employers should be transparent with workers and job seekers about the AI systems used, the data collected, and the impact on employment decisions to foster trust and job security.

• Employers should provide training opportunities to help workers adapt to AI-driven changes, prevent displacement, and support upskilling and retraining efforts.

Source References

• DOL AI Guidance Press Release
• DOL AI And Worker Well-being: Principles And Best Practices For Developers And Employers
• DOL Issues AI Principles for Both Developers and Employers (VensureHR)

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