AI and other automated systems can provide ways to streamline tasks for employers, improve workplace efficiency and safety, and enhance workforce accountability. However, without responsible human oversight, the use of such technologies may pose potential compliance challenges with respect to federal labor standards. As new technological innovations emerge, the federal laws administered and enforced by DOL’s Wage and Hour Division continue to apply, and employees are entitled to the protections these laws provide, regardless of the tools and systems used in their workplaces.
Artificial Intelligence and Automated Systems in the Workplace
DOL FAB 2024-1 | Apr 2024
SHRM Article
DOL Addresses How Labor Laws Apply to Use of AI
Law Firm Articles
The DOL noted “an AI program that incorrectly categorizes time as noncompensable work hours based on its analysis of worker activity, productivity, or performance could result in a failure to pay wages for all hours worked.” Employee start times, end times, break times, and waiting time are particular risk areas if timekeeping errors occur. As we have previously advised, employers utilizing these tools should therefore conduct regular audits and provide for active human monitoring to ensure accuracy in timekeeping. Similarly, employers using AI for payroll management purposes should develop clear and consistent policy guidance, including avenues of recourse for employees who believe they may be underpaid.
Navigating a New Era: Department of Labor’s Guidance on AI Compliance with FLSA and FMLA
Foley | May 2024
FMLA Certifications. Use of AI to administer FMLA leave can create potential risk of violating the FMLA certification requirements if the AI system fails to comply with the FMLA’s limitations on the information that can be requested or notification or deadline requirements. For example, the WHD points out that an automated system that results in an employee being asked to disclose more medical information than the FMLA allows could violate the FMLA.
DOL Issues Guidance to Agency Staff on Employers’ Use of Artificial Intelligence in the Workplace
Jackson Lewis | May 2024
Under the PUMP Act, most nursing employees have the right to reasonable break time and space for expressing breast milk while at work. The FAB reminds employers that employee-tracking AI software may inadvertently penalize employees for making use of this time, such as by artificially limiting the length, frequency, or time of the breaks.
DOL Issues Guidance on Workplace AI
Arent Fox | May 2024
The Bulletin recognizes that some AI monitoring tools can analyze worker activity through keystrokes, website browsing, and activity in front of a web camera. As the WHD explains, reliance on automated timekeeping software based on human productivity can create potential compliance challenges with respect to determining hours worked under federal law—and especially under California law. Such automated timekeeping software may not accurately track when an employee actually begins working, takes their meal period, returns from their meal period, or stops working.
The DOL’s New Guidance for AI and its Impact in the Workplace
Carothers | May 2024
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