Introduction
On October 16, 2024 [1] [5], the US Department of Labor (DOL) issued guidance titled “Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers.” This document outlines non-binding best practices for the ethical and responsible use of artificial intelligence (AI) in the workplace, emphasizing the protection of employee rights and the enhancement of well-being, particularly for underserved communities [1] [6] [9]. It responds to an Executive Order from President Biden [5] [7], advocating for a coordinated regulatory approach to AI in employment to improve job quality and safeguard workers’ rights while mitigating potential harm.
Description
The DOL presents eight core principles aimed at centering workers in AI systems, advocating for their involvement in the design and oversight of these technologies. This engagement is intended to enhance job quality while allowing businesses to leverage AI for efficiency and cost savings [9]. Key among these principles is the ethical development of AI standards that protect workers’ civil rights, ensure safety [3] [10], and maintain meaningful human oversight in critical employment decisions such as hiring [1] [7], compensation [1], and terminations [1]. Employers are encouraged to engage in good faith bargaining in unionized environments and to create roles for workers to review data inputs for AI training, ensuring adherence to human rights and labor standards [3].
Transparency is prioritized [1], urging companies to inform workers and applicants about AI’s role in the workplace [5], including the documentation of AI’s involvement in employment decisions. Employers must provide advance notice and appropriate disclosure if they plan to use AI that impacts workers, ensuring that electronic monitoring practices are clear and non-invasive. Workers should have the right to appeal AI-informed decisions and correct their data when significant employment decisions are made.
The guidance highlights the critical need for robust governance structures that incorporate worker input and evaluate AI’s effects on employees. Employers are encouraged to limit electronic monitoring to the least intrusive methods and ensure that employees receive necessary training to use AI systems effectively [2]. This training should include interpreting AI outputs, as significant employment decisions should not rely solely on AI without meaningful human oversight [10].
Data protection is underscored as a vital concern, with recommendations for employers to safeguard workers’ data by limiting collection to essential information and ensuring informed consent for data use [8]. The guidance advocates against unnecessary data sharing beyond business needs [8], permitting the sharing of worker data outside the organization only with informed consent [2]. Employers must ensure that AI systems comply with anti-discrimination laws and consider the impact on job seekers with disabilities [10]. Routine assessments for compliance with these laws are recommended [3], particularly regarding the potential discriminatory impacts based on various protected characteristics [6], and organizations should publicly disclose the findings of such audits.
As AI enhances productivity and profits [8], businesses are encouraged to share these benefits with workers through improved wages [8] [9], benefits [5] [7] [8] [9] [10], or retraining programs [1] [8]. AI systems should be leveraged to enhance job quality and assist workers rather than replace them [2], potentially freeing employees from repetitive tasks to focus on skill development [2]. The DOL emphasizes that AI should benefit both employers and employees [10], particularly those from underserved communities [1] [3] [6] [9] [10].
Before widespread deployment [2], piloting AI systems with worker input and providing necessary training is recommended [2]. In cases where displacement occurs [2], retraining should be offered to help affected workers transition to other roles within the organization [2]. Acting Labor Secretary Julie Su emphasized the critical role of human agency in determining the impact of AI on workers [7], stressing the need for vigilance in protecting against potential harms while recognizing the opportunities AI presents for enhancing worker welfare [7].
Overall, the DOL provides a proactive framework for responsible AI adoption in businesses [8], recognizing its potential as both a driver of progress and a source of disruption if not managed properly [8]. The vision presented encourages the design and use of AI to benefit workers [8], positioning them as integral to innovation rather than obstacles [8], while fostering an environment where workers feel comfortable voicing concerns about AI implementation and usage [2], with a strict policy against retaliation [2]. Employers are also reminded to ensure that any technology adopted complies with wage and hour laws, applying traditional classification and audit processes to assess the specific tasks assigned to employees in relation to AI tools [4], thereby ensuring proper classification and compliance with existing labor standards [4].
Conclusion
The DOL’s guidance on AI in the workplace underscores the importance of ethical and responsible AI deployment, with a focus on protecting worker rights and enhancing job quality. By advocating for transparency, data protection [1] [5] [6] [7] [8] [9], and worker involvement [9], the guidance aims to ensure that AI serves as a tool for progress rather than a source of harm. The emphasis on training, governance [1] [3] [5] [6] [8] [9] [10], and compliance with anti-discrimination laws highlights the need for a balanced approach that benefits both employers and employees, particularly those from underserved communities [1] [3] [6] [9] [10]. As AI continues to evolve, the DOL’s framework provides a foundation for businesses to harness its potential while safeguarding the interests of the workforce.
References
[1] https://www.jdsupra.com/legalnews/dol-issues-guidance-on-ai-and-employee-4064034/
[2] https://www.littler.com/publication-press/publication/dol-issues-guidance-ai-and-worker-well-being-best-practices
[3] https://www.lexology.com/library/detail.aspx?g=391638f5-d057-4d8b-9566-61f7dc993d23
[4] https://www.ebglaw.com/insights/news/nathaniel-glasser-quoted-in-dols-ai-guidance-puts-focus-on-workers-product-design
[5] https://www.williamsmullen.com/insights/news/legal-news/department-labor-issues-ai-best-practices
[6] https://www.yahoo.com/news/department-labor-releases-ai-best-012428206.html
[7] https://www.brightmine.com/us/resources/hr-news/dol-ai-guidance-published/
[8] https://www.jdsupra.com/legalnews/ai-in-the-workplace-best-practices-and-1087314/
[9] https://virginiamercury.com/2024/10/23/department-of-labor-releases-ai-best-practices-for-employers/
[10] https://www.jdsupra.com/legalnews/dol-issues-guidance-on-ai-and-worker-5992908/
