Introduction
On October 16, 2024 [2], the Department of Labor (DOL) released guidance titled “Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers.” This document serves as a comprehensive resource for employers, aligning with President Biden’s executive order on AI [2]. It provides a framework to navigate existing equal employment opportunity laws and emphasizes the responsible use of AI in the workplace.
Description
The guidance highlights the empowerment of workers, especially those from underserved communities [1] [3], throughout the AI system lifecycle—from design to oversight [2]. Employers are encouraged to inform all workers about AI systems, allowing them to provide input and ensuring their voices are heard. Establishing an AI workplace policy that incorporates DOL guidelines and includes mechanisms for employees to report concerns and suggest improvements [1] [3], with protections against retaliation [1] [3], is strongly recommended.
Before deploying AI [1] [3], employers should set ethical standards [1] [3], conduct impact assessments [1] [2] [3], and perform independent audits to address risks related to worker safety and job quality [1] [3]. It is crucial that employers do not rely solely on AI for significant employment decisions and provide clear disclosures regarding AI use [2], including data collection practices [2]. Workers should have the right to access [2], dispute [2], and correct their data without fear of retaliation [2].
Training for employees on appropriate AI use and ensuring meaningful human oversight of AI systems are essential [1], particularly for high-risk applications like employment decisions [1] [3]. Employers should also focus on upskilling workers rather than replacing them [2], prioritizing training and development opportunities for those displaced by AI.
Advance notice and disclosure regarding AI systems that impact workers are advised [1], including details on monitoring practices and data collection [1]. Employers must uphold worker rights [1] [3], comply with federal labor standards [1], and audit AI systems for any adverse impacts on protected groups [1] [3]. Encouraging employee feedback on AI systems can help mitigate legal risks and promote a culture of transparency.
A pilot period for AI systems is suggested before full implementation [1], allowing employers to evaluate the implications for tasks [1] [3], skills [1] [3], and opportunities [1] [3]. Considerations for how productivity gains may benefit worker compensation should also be made [1]. Privacy by design is crucial [1] [3], necessitating safeguards for worker data and limiting data collection to what is necessary for legitimate business purposes [1] [3]. Sharing worker data externally requires informed consent and adequate security measures [1], while internal access to collected data should follow the least privilege principle [1] [3].
Conclusion
The future direction of DOL AI guidance under a new administration remains uncertain [1] [3], but the integration of AI in the workplace is expected to persist [1] [3]. Adhering to these principles and best practices is vital for employers to achieve productivity gains while empowering their workforce and preparing for emerging legal and regulatory requirements related to AI [1].
References
[1] https://www.woodsrogers.com/insights/publications/department-of-labors-ai-best-practices-key-takeaways-for-employers
[2] https://natlawreview.com/article/dol-publishes-best-practices-employers-can-follow-decrease-legal-risks-associated
[3] https://www.jdsupra.com/legalnews/department-of-labor-s-ai-best-practices-7298760/
