In response to the growing integration and use of artificial intelligence (“AI”) in the workplace, the U.S. Department of Labor (“DOL”) recently issued “AI Principles for Developers and Employers.” The Principles aim to ensure fair treatment of workers and compliance with federal law as AI becomes more prevalent in hiring, monitoring, and managing employees.
The Principles for Developers and Employers are summarized by the DOL as follows:
- Centering Worker Empowerment: Workers and their representatives, especially those from underserved communities, should be informed of and have genuine input in the design, development, testing, training, use, and oversight of AI systems for use in the workplace.
- Ethically Developing AI: AI systems should be designed, developed, and trained in a way that protects workers.
- Establishing AI Governance and Human Oversight: Organizations should have clear governance systems, procedures, human oversight, and evaluation processes for AI systems for use in the workplace.
- Ensuring Transparency in AI Use: Employers should be transparent with workers and job seekers about the AI systems that are being used in the workplace.
- Protecting Labor and Employment Rights: AI systems should not violate or undermine workers' right to organize, health and safety rights, wage and hour rights, and anti-discrimination and anti-retaliation protections.
- Using AI to Enable Workers: AI systems should assist, complement, and enable workers, and improve job quality.
- Supporting Workers Impacted by AI: Employers should support or upskill workers during job transitions related to AI.
- Ensuring Responsible Use of Worker Data: Workers' data collected, used, or created by AI systems should be limited in scope and location, used only to support legitimate business aims, and protected and handled responsibly.
The DOL has emphasized that these Principles “are not intended to be an exhaustive list but instead a guiding framework for businesses.” And although the Principles are not federally mandated or legally binding, employers utilizing AI should remain mindful of them in adopting compliant policies and practices to reduce legal risk and foster positive work environments. If the skilled employment lawyers of Wright Beamer can help, call us today at 248.477.6300.
