Summarizing the Department of Labor Guidelines for AI Use in Workplaces
AI is here to stay, but we won’t let it exist without some ground rules. You would recall that, in October 2023, President Biden issued an executive order directing the Department of Labor to create principles that determine how organizations develop and utilize AI in the workplace.
The purpose of these regulations is to protect US employees from specific threats posed by artificial intelligence in the corporate world, especially the potential displacement of workers. Following President Biden’s directive, the DOL released the guidelines on May 16, 2024.
This article closely examines these regulations and what they mean for employers in the United States.
DOL Principles for Developing and Deploying AI in America
The Department of Labor’s guidelines for AI under the Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers cover eight points.
It’s critical to note that these principles aren’t focused only on utilizing AI in the workspace. Instead, they cover the entire lifecycle of artificial intelligence tools, including design, testing, and training.
That said, we outline the new regulations below:
- Centering Worker Empowerment
Organizations must seek timely, genuine, and regular input from employees and their representatives (especially those from underserved communities) about the design, development, testing, training, use, and oversight of AI tools meant for the office space. As part of this guideline, the DOL adds that companies must bargain in good faith on using AI in the workplace while negotiating with employee unions.
- Ethically Developing AI
Employers must ensure that AI tools are designed, developed, and trained to protect the rights of their staff. Specific pointers are mentioned to enable organizations to abide by this guideline. For instance, developers of AI systems should create standards to ensure that AI tools protect employee civil rights and reduce any risk to staff safety while also meeting performance requirements.
The DOL’s regulations also require creators of AI systems to conduct audits of the technologies and publish the results to enable employers to understand how trustworthy they can be.
- Establishing AI Governance and Human Oversight
Human oversight is crucial in using AI technologies, and the new guidelines require executives to develop governing structures that will provide guidance and coordination across the organization when it comes to deploying AI tools. According to the DOL, the governing systems must consider input from workers and their representatives in the decision-making process regarding AI systems.
Furthermore, companies must not make decisions solely based on AI or data from these tools. Instead, there should be meaningful human oversight for any AI-supported decisions.
- Ensuring Transparency in AI Use
Businesses should be transparent to staff members, their representatives, and applicants about any AI tools utilized in the office. Employers must ensure that they inform these parties about prior use of the AI systems, the purpose of the technologies, how workers or job seekers will engage with them, and how they’ll inform decision-making. There should also be advanced disclosure of the data collected and stored by AI systems and how they’ll be utilized.
- Protecting Labor and Employment Rights
Utilizing artificial intelligence in the office space should not violate employees’ right to organize, health and safety rights, wage and hour rights, and anti-discrimination and anti-retaliation protections. In addition to this principle, workplace AI tools must not be used to reduce wages, break time, or other legal employee benefits. Companies must also audit AI technologies for any impact on employees based on race, color, national origin, religion, sex, disability, age, genetic information, and other protected bases.
- Using AI to Enable Workers
The purpose of AI in the workplace should be to assist workers and improve job quality. Employers can use the Department of Commerce and the Department of Labor’s Good Job Principles as a guide to determine how to deploy AI in the office to enhance job quality for staff. Providing workers with hands-on training on artificial intelligence is crucial before fully implementing it in the office.
- Supporting Workers Impacted By AI
One widespread worry with AI is the potential replacement of some roles in the corporate world. To mitigate these risks, the DOL requires employers to train staff members on using AI to complement their office responsibilities to avoid displacement. Retraining and reallocating employees displaced by AI to other roles within the company should also be a consideration.
- Ensuring Responsible Use Of Worker Data
Companies can sometimes input employee information into AI tools for business and hiring decisions. The DOL mandates that employers limit these data pieces as much as possible and use them only for legitimate business purposes. Steps should also be taken to prevent unauthorized internal and external access to staff data. In the case of a breach, organizations must immediately inform workers and their representatives about the event and possible steps taken to reduce the damage.
What the Department of Labor’s AI Guidelines Mean for Employers
The DOL’s regulations seek to protect employee rights as AI becomes more common across US workplaces. Some crucial aspects of the new guidelines include reviewing AI systems for compliance with civil rights, anti-discrimination, and data privacy laws.
With these new regulations in place, employers must work with legal teams to review current and future AI tools to adhere to the guidelines and other essential federal and state legislation. Providing employees with the required training to implement AI to complement their work and incorporating their feedback regarding using these tools can also protect businesses from crossing the boundaries of the law.
At the Law Office of Sheri Oluyemi, we possess an in-depth legal understanding of the US employment landscape, and we can help your company review AI tools and policies to stay within the DOL’s new guidelines and other necessary laws. Reach out to us today to schedule a free teleconference consultation.
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