Hello, and welcome to Training with LegalEase. Today’s topic is about the recent guidance issued by the Department of Labor for AI developers and employers. The Department of Labor has specifically stated that this guidance is not binding on developers or employers, but it is for use as a framework when implementing AI into the workplace.

Let’s take a look at the guidelines:

• First, the Department of Labor (“DOL”) encourages employers and developers to use AI to empower workers. There should be a dual benefit; to the employer and employee so that workers feel empowered by the use of AI.
• AI should be ethical. It should be used in an ethical way. It should not violate employment laws, labor laws, and it should mitigate worker safety risks.
• There should be governance and oversight. The DOL does not want AI simply incorporated into the workplace without any type of human oversight or governance.
• Transparency is important. Workers should be informed when employers plan to use AI tools. And workers should be allowed to make corrections to decisions based on AI. As an example, if an employer makes a suspension or termination decision based on AI, the worker and the worker’s representative should be able to tell the employer the AI made an error and explain why.
• The DOL wants employers and developers to protect labor and employment rights. We touched on this earlier when we discussed ethics. AI should not violate workers’ civil rights or interfere with any protected activity.
• AI should enable workers. This is a hot topic as it relates to the use of AI in the workforce. The Department of Labor is saying it wants employers to use AI to support workers and not replace workers.  If AI is used to replace workers, then the DOL requests that employers re-train workers for other positions, which flows into the next principle.
• Support workers who are impacted by AI. Re-train workers to try to keep them employed. We want people employed. The DOL is trying to give employers best practices for using AI plus a human.
• Finally, the DOL recommends that employers be responsible about data collected on workers. We know that AI tools are constantly collecting data, so be responsible when gathering and maintaining this data. Don’t just sell it, for example, to other parties.

Those are the best practices that have come down from our federal government. If you have any questions about how to implement these practices in your workplace, then give us a call. You can schedule a discovery call or consultation on our website, and we’ll be happy to help.

Thank you for joining Training with LegalEase.