Introduction
The US Department of Labor (DOL) has released new non-binding guidelines for employers on the responsible use of artificial intelligence (AI) in the workplace. These guidelines aim to ensure transparency, uphold workers’ rights [2] [4], and promote ethical AI development and deployment.
Description
The US Department of Labor (DOL) has issued new non-binding guidelines for employers regarding the responsible use of artificial intelligence (AI) in the workplace, building on previously established principles [4]. These guidelines encompass the entire lifecycle of AI [4], from design to deployment [4], and underscore the importance of maintaining human oversight and worker involvement throughout the process. Employers are required to inform employees and applicants about the AI systems in use [2], including data collection practices and how AI affects significant employment decisions. This emphasis on transparency is particularly aimed at empowering workers, especially those from underserved communities, to have meaningful input in the design and deployment of these technologies.
The guidance reinforces that traditional labor and employment rights remain intact despite the integration of AI [3]. It stresses the need for ethical standards in AI development to protect workers’ rights and safety, urging developers to limit AI applications that pose risks [4], such as discrimination or high error rates [4]. Continuous monitoring of AI systems is necessary to ensure compliance with workers’ rights related to health [2], safety [2] [4], wages [2], and the right to organize [2] [4]. Employers are encouraged to conduct regular independent audits of AI systems to identify any disparate or adverse impacts on employees, particularly those with disabilities, and to establish clear governance structures that include comprehensive training for staff.
Additionally, the DOL’s principles highlight the need for ethically developing AI by setting standards and conducting impact assessments to mitigate the risk of algorithmic discrimination. Employers should assess the impact of AI on job quality and adopt minimally invasive monitoring methods [2]. They are encouraged to run pilot programs to evaluate the effects of AI before broader deployment and to limit electronic monitoring. Training opportunities must be provided to help employees adapt to new AI systems [2], with efforts made to retrain and redeploy those affected by job displacement [2], prioritizing retention and collaboration with local workforce systems for education and training partnerships [4].
Furthermore, employers are urged to ensure responsible use of worker data by limiting data collection to what is necessary for legitimate business purposes, safeguarding this data [2], and obtaining informed consent before sharing it externally [4]. The guidelines also advocate for good faith bargaining with unions regarding AI and electronic monitoring, ensuring that employee rights are protected. These recommendations may foreshadow future regulatory actions by the DOL regarding AI in the workplace [2], as seen in Colorado’s upcoming law regulating AI use across various sectors, including employment [1] [2] [3], which will take effect in February 2026 and focuses on preventing algorithmic discrimination while ensuring that the benefits of AI, such as productivity gains [4], are shared with workers through improved compensation and benefits [4].
Conclusion
The DOL’s guidelines on AI usage in the workplace emphasize the importance of transparency, ethical standards [2] [4], and the protection of workers’ rights. By encouraging responsible AI development and deployment, these guidelines aim to mitigate risks such as discrimination and ensure that the benefits of AI are equitably distributed among workers. As AI continues to evolve, these guidelines may serve as a precursor to more formal regulations, highlighting the need for ongoing dialogue and collaboration between employers, employees [1] [2] [3] [4], and regulatory bodies.
References
[1] https://www.proskauer.com/blog/dol-outlines-best-practices-for-employers-using-ai
[2] https://www.jdsupra.com/legalnews/dol-issues-guidance-on-ai-worker-well-3420437/
[3] https://www.jdsupra.com/legalnews/dol-issues-updated-guidance-on-2317966/
[4] https://www.jdsupra.com/legalnews/department-of-labor-releases-best-5336091/
