The Department of Labor issued new guidance for employers outlining best practices and core principles for using AI in the workplace and its relation to employee well-being.
What it means: The guidance, which was directed by President Biden’s AI Executive Order, is nonbinding and does not create any new obligations for employers. It is instead meant as a guiding resource for employers as they integrate AI into their workplaces.
Why it matters: Although merely guidance, with future regulation on the horizon, the document at the very least highlights some potential enforcement areas and provides insight into the current administration’s perspective on AI workplace issues.
The guidance is centered on eight core principles focused on supporting best practices on using AI to supplement and empower workers, protecting worker rights, fostering transparency (including the use of electronic monitoring), and ensuring proper oversight and risk-mitigation guardrails.
The bottom line: The guidance makes it clear that the current administration expects employers to involve workers and/or their designated representatives in the process to integrate AI in the workplace - including at the decision-making level.
Gregory Hoff
Assistant General Counsel, Director of Labor & Employment Law and Policy, HR Policy Association
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