The U.S. Department of Labor’s Wage and Hour Division has released new guidance addressing how federal labour standards apply to the use of artificial intelligence and automated systems in the workplace, emphasizing the need for compliance and responsible AI integration.
U.S. Department of Labor Issues Guidance on Employers’ Use of Artificial Intelligence
The U.S. Department of Labor’s Wage and Hour Division (WHD) has released a new Field Assistance Bulletin (FAB No. 2024-1) providing guidance on how federal labor standards apply to the use of artificial intelligence (AI) and automated systems in the workplace. The bulletin addresses compliance challenges and emphasizes that statutory protections remain unchanged despite the integration of new technologies.
The FAB highlights several key areas where AI may impact compliance:
- Tracking Hours Worked and Calculating Wages:
- Monitoring Tools: Automated systems that track employee productivity through metrics like keystrokes or facial recognition must accurately count all compensable work hours.
- Auto-deduct Break Time: AI tools predicting and logging break times must ensure employees are compensated appropriately, especially if breaks are not fully relieved of duties.
- Waiting Time: AI must accurately account for compensable waiting time, such as when employees wait for tasks assigned by automated systems.
- Multiple Locations: Geolocation tools tracking employee movement must consider all compensable time, including travel and preparation tasks related to the job site.
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Variable Pay Rates: AI recalculating pay rates must inclusively and accurately determine minimum wages, regular rates, and overtime premiums.
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FMLA Compliance:
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AI must be used with “responsible human oversight” to ensure proper processing of leave requests, certification compliance, and avoidance of discrimination against FMLA users.
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Nursing Employee Protection:
- AI systems must not limit breaks for nursing employees and should not penalize them for taking necessary pump breaks.
Wage and Hour Administrator Jessica Looman issued this guidance on April 29, 2024, in response to President Joe Biden’s Executive Order 14110, seeking to regulate AI’s responsible use.
