Introduction
The US Department of Labor (DOL) has issued updated guidance on the integration of artificial intelligence (AI) and electronic monitoring in the workplace. This guidance [1] [2] [3] [4] [6], titled “Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers,” emphasizes the need for employers to engage in good-faith negotiations with unions, prioritize worker experiences [6], and uphold traditional labor rights. It builds on principles established in response to Executive Order 14110 [6], focusing on human oversight [2], transparency [2] [3] [4] [5] [6] [7] [8], and the protection of workers’ rights [8].
Description
Employers must engage in good-faith negotiations with unions regarding the implementation of artificial intelligence (AI) and electronic monitoring in the workplace [5], prioritizing the experiences of workers, particularly from underserved communities [1] [4] [6] [8]. The US Department of Labor (DOL) has released updated guidance titled “Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers,” which builds on earlier principles established in response to Executive Order 14110. This guidance emphasizes the importance of human oversight [3], transparency [2] [3] [4] [5] [6] [7] [8], and the preservation of traditional labor and employment rights in the context of AI integration.
The guidance outlines eight key principles for AI implementation:
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Centering Worker Empowerment: Employers must ensure that workers and their representatives have meaningful input throughout all stages of AI program development and use.
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Ethically Developing AI: Developers are urged to create standards that uphold workers’ civil rights, prioritize safety [1] [5], and conduct rigorous testing of AI models to ensure accuracy [1], validity [1], and reliability [1], thereby mitigating biases [1].
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Establishing AI Governance and Human Oversight: Employers are required to maintain consistent human oversight over AI-supported decisions and establish governance structures that incorporate worker feedback, discouraging reliance solely on AI for significant employment decisions [6].
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Ensuring Transparency in AI Use: Transparency is crucial; workers should receive advance notice before the implementation of AI systems that may significantly affect them. Employers must inform employees when AI is utilized in significant employment decisions [3] [4], ensuring clear communication about data collection practices, storage [5] [7] [8], and intended use [5].
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Protecting Labor and Employment Rights: Employers should refrain from using AI systems that could hinder labor organizing, diminish legally owed wages or benefits [5], or adversely affect health and safety [5]. Regular independent audits of AI systems should be performed to identify any disparate or adverse impacts on employees, particularly focusing on protected classes, including race [2] [5] [7], color [5], national origin [5], religion [5], sex [5], disability [2] [5], age [5], and genetic information [5].
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Using AI to Enable Workers: The impact of AI systems on job tasks, required skills [5], opportunities [1] [2] [4] [5] [7] [8], and risks should be evaluated by employers [5], ideally through pilot programs before broader implementation [2] [5]. AI should be leveraged to enhance job quality by automating low-value tasks [8], allowing employees to focus on more strategic responsibilities [8]. Employers should also explore ways for workers to benefit from productivity gains or increased profits resulting from AI utilization [5].
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Supporting Workers Impacted by AI: Training should be provided to assist workers in using AI systems, with a focus on upskilling and retraining employees displaced by AI to other roles within the organization when feasible [5]. Support should be offered to employees displaced by AI through retraining or alternative job placement [4], and collaboration with state and local workforce systems is recommended to support upskilling through educational and training partnerships [5].
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Ensuring Responsible Use of Worker Data: Employers are urged to responsibly manage worker data by limiting collection to necessary business purposes, ensuring rigorous data security [5], and obtaining informed consent for any external sharing [2], while avoiding inadvertent data collection [4].
These best practices offer actionable strategies for both AI developers and users in the development and implementation of AI in the workplace [5]. By proactively implementing these principles, employers can navigate forthcoming legislation and ensure responsible AI deployment that centers on worker empowerment and protection, while safeguarding against algorithmic discrimination and promoting equitable distribution of AI benefits among workers [2]. The commitment to these principles will influence the future of AI and its impact on workers [8], balancing the potential harms of AI with the opportunities it presents [8], advocating for innovation and prosperity while safeguarding workers’ rights [8].
Conclusion
The DOL’s guidance on AI implementation in the workplace underscores the importance of balancing technological advancement with the protection of workers’ rights. By adhering to these principles, employers can ensure that AI integration is conducted responsibly, promoting innovation while safeguarding against potential harms. This approach not only prepares organizations for future legislation but also fosters an equitable distribution of AI benefits, ultimately enhancing worker empowerment and well-being [1].
References
[1] https://www.natlawreview.com/article/happy-workers-and-robots-dol-guidance-ai-and-well-being
[2] https://nquiringminds.com/ai-legal-news/us-department-of-labor-issues-guidelines-for-responsible-ai-use-in-the-workplace/
[3] https://www.jdsupra.com/legalnews/dol-issues-updated-guidance-on-2317966/
[4] https://ogletree.com/insights-resources/blog-posts/dol-issues-updated-guidance-on-employers-use-of-ai-in-the-workplace/
[5] https://www.jdsupra.com/legalnews/department-of-labor-releases-4869917/
[6] https://blog.dciconsult.com/dol-ai-principles
[7] https://www.jdsupra.com/legalnews/new-dol-guidance-for-employers-on-5185735/
[8] https://sourcingjournal.com/topics/technology/department-of-labor-artificial-intelligence-best-practices-unions-ethics-1234722736/
