Department of Labor Issues Principles and Best Practices on AI and Worker Well-Being
The Department of Labor (DOL) issued AI guidance on October 16, 2024. The Principles and Best Practices on AI and Worker Well-Being provide further clarity on the DOL’s expectations of employers regarding the use of AI in the workplace. The DOL’s intent on issuing this two-part informational document is to encourage employers, “to harness AI technologies for their business while ensuring workers benefit from the new opportunities and are shielded from potential harm.”
The Principles and Best Practices do not have the effect of law. The DOL has released them as a tool to assist employers in customizing their use of AI and describe how AI can be used to balance business needs and worker contributions.
What are the DOL’s AI Principles?
- Centering Worker Empowerment: Workers should be aware of and involved in the development, testing, implementation, and use of AI in the workplace.
- Ethically Developing AI: Employers should design and implement AI in a way that protects their workers.
- Establishing AI Governance and Human Oversight: All businesses should have policies and procedures for the use of AI that establish consistency and allow human evaluation of the impact of AI use.
- Ensuring Transparency in AI Use: Employees and applicants should be clearly and fully informed about the use of AI in the workplace.
- Protecting Labor and Employment Rights: AI should never encroach upon an employee’s rights to organize, a safe workplace, fair pay, and freedom from discrimination and retaliation.
- Using AI to Enable Workers: AI use should complement workers’ activity and enhance job performance.
- Supporting Workers Impacted by AI: Employers should train and assist workers whose jobs transition due to use of AI.
- Ensuring Responsible Use of Worker Data: Collection and use of worker data by AI should be narrowly tailored to achieve a necessary, valid business function and security and privacy must be prioritized.
Employers who implement AI in their workplace should be aware of these principles and use them as guidelines in developing their own policies and procedures and implementing the use of AI in the workplace. Although this guidance is not binding on employers, it is highly possible that it will serve as a basis for future AI legislation.
Support for AI Compliance is Available
Employers who plan to implement AI in their workplace should be aware of these principles. Although this guidance is not binding on employers, it is highly possible that it will serve as a basis for future AI legislation. Having an attorney-drafted AI policy is a must have for all employers to protect their business. Consult with myHRcounsel for an AI policy and up to the minute legal advice on state and federal AI legislation that will impact you and your employees.