Introduction
In October 2023 [4], the Biden Administration issued an Executive Order to address the potential risks and benefits of artificial intelligence (AI) [4]. This led to the Department of Labor (DOL) releasing non-binding guidelines in October 2024 to assist employers in navigating AI use in the workplace while ensuring compliance with existing laws. These guidelines focus on ethical standards, transparency [1] [2] [3] [4] [6], and worker protection throughout the AI lifecycle.
Description
In October 2023 [4], the Biden Administration issued an Executive Order addressing the potential risks and benefits of artificial intelligence (AI) [4]. Following this [4], on October 16, 2024 [1] [2] [4], the Department of Labor (DOL) released non-binding guidelines aimed at assisting employers in navigating the use of AI in the workplace while ensuring compliance with existing laws. Developed in response to the Executive Order [1] [2], these guidelines emphasize the importance of meaningful worker involvement throughout the AI lifecycle [3], from design to deployment [3], including active participation in testing, training [1] [2] [3] [4] [6], and oversight of AI technologies [1].
The DOL outlines best practices based on eight principles [1], highlighting ethical standards as essential for protecting workers’ rights and safety [3]. Employers are encouraged to continuously assess and audit their AI systems to ensure they operate efficiently while minimizing risks [1] [2], such as discrimination or high error rates [3]. Human oversight is crucial [1] [2], particularly in significant employment decisions like hiring, where AI may assist but should not have the final say [1].
Transparency is a key focus, with employers urged to disclose how AI systems affect workers, including data usage and collection practices [3]. Workers should be informed about the data collected and its purpose, and they must have the ability to correct their data without fear of retaliation. Regular publication of assessment results is also recommended to maintain openness. The guidelines stress the protection of workers’ rights [1] [2], ensuring that AI does not infringe upon rights related to organization [2], workplace safety [1] [2], wages [2], and anti-discrimination [2] [3] [4] [6]. AI should enhance job quality and assist rather than replace workers, with employers expected to provide support for those affected by AI implementation [2], including training and transition assistance [1] [2].
To mitigate displacement risks due to AI [3], employers should prioritize retaining displaced workers within the organization and provide training to help them adapt to new systems. Collaboration with local workforce systems for upskilling is also recommended [3]. Additionally, the DOL emphasizes the responsible use of worker data in AI applications [2], recommending that only necessary data be collected [2], treated with confidentiality [2], and secured. Employers should obtain informed consent from workers before sharing their data externally [3].
This worker-friendly approach to AI implementation may signal future regulatory developments in this area [2], providing employers with insights into potential forthcoming rules and regulations [1] [2]. The DOL’s guidance aims to shape the future of AI in a way that protects workers from potential harms while recognizing the opportunities that AI can provide [6].
Conclusion
The DOL’s guidelines on AI implementation in the workplace underscore the importance of ethical standards, transparency [1] [2] [3] [4] [6], and worker protection [5]. By emphasizing meaningful worker involvement and responsible data use, these guidelines aim to mitigate risks such as discrimination and job displacement. This proactive approach not only safeguards workers’ rights but also prepares employers for potential future regulations, ensuring that AI technologies enhance rather than hinder job quality and worker safety.
References
[1] https://www.jdsupra.com/legalnews/department-of-labor-issues-ai-best-2383416/
[2] https://www.williamsmullen.com/insights/news/legal-news/department-labor-issues-ai-best-practices
[3] https://www.jdsupra.com/legalnews/department-of-labor-releases-best-5336091/
[4] https://www.jdsupra.com/legalnews/new-dol-guidance-for-employers-on-5185735/
[5] https://www.whitehouse.gov/briefing-room/statements-releases/2024/10/30/fact-sheet-key-ai-accomplishments-in-the-year-since-the-biden-harris-administrations-landmark-executive-order/
[6] https://www.yahoo.com/news/department-labor-puts-forth-best-190000764.html
