Login | December 21, 2024

DOL releases workplace AI guidance

RICHARD WEINER
Technology for Lawyers

Published: December 20, 2024

The US Department of Labor has published a guidebook for dealing with AI in the workplace.
That’s nice. Workplaces who care may implement some of it.
That’s after AI has taken over HR, to the detriment of all, so this is kind of closing the barn door after the kangaroos have escaped.
But let’s take a look at this guidance, which seems to be statements of the obvious.
The DOL recognizes that AI can powerfully impact workers’ lives, both positively and negatively.
Positive impacts can include improving work conditions by automating repetitive actions (especially in data entry jobs, I would think).
Also, a positive impact could be in redesigning the workplace to make it more efficient and more accommodating of AI itself.
This is the “camel’s head in the tent” theory.
Negative impacts of AI in the workplace could include, oh I don’t know, replacing humans, making their lives less fun, undermining worker’s rights (including the disparate treatment that’s baked into HR AI) and giving powerfully intrusive tools to weirdo upper management types.
So here’s a brief overview of the DOL’s “Principles for Employers:”
• Transparency: There should be clear communication with employees about what’s going on with AI in their workplace.
• Data Privacy: AI must comply with privacy laws and rules, including HIPAA and etc. Collection and retention of worker data by AI systems should be limited to the necessary.
• Governance Program: There should be a clear governance program for any AI system, and that should be open to employee input.
• Auditing: Employers should continually audit AI systems to ensure that they aren’t going off the rails or infringing on employee data privacy, etc.
• Proper workforce training: Workers (especially health care workers) should receive support to develop skills that complement the AI that’s in the workplace.
• Feedback mechanisms: establish ways for workers to put their input into the systems.
• Protecting workers’ labor and employment rights: Employers should not rely solely on AI to make employment decisions that could adversely affect employee rights, including decisions around hiring and firing, salaries, etc.
Sounds good, eh?
Let’s see how the next administration enforces these strong suggestions/not really rules.
You can access the entire publication here: https://www.dol.gov/sites/dolgov/files/general/ai/AI-Principles-Best-Practices.pdf
Thanks for the analysis to the folks at Hall Render.


[Back]