WHD Issues Guidance Concerning AI and Automated Systems in the Workplace

The U.S. Department of Labor, Wage and Hour Division (WHD) just released Field Assistance Bulletin (FAB) No. 2024-1, addressing the impact of Artificial Intelligence (AI) and automated systems on workplace practices governed by federal labor laws like the Fair Labor Standards Act (FLSA). AI technologies increasingly assist in tasks like tracking work hours and processing leave requests.

While these technologies offer efficiency, they also present compliance challenges. The FLSA mandates fair compensation for all hours worked, including those AI systems monitor. Despite AI’s involvement, employers must ensure accurate tracking of work hours and breaks and proper calculation of wages owed. The bulletin emphasizes the importance of human oversight to prevent potential violations.

Additionally, it highlights AI’s implications under the Family and Medical Leave Act (FMLA) and warns against using automated systems to interfere with or retaliate against employees exercising their rights. Ultimately, it is the responsibility of employers to ensure adherence to labor laws, regardless of technological progress.

For more information, go to https://www.dol.gov/sites/dolgov/files/WHD/fab/fab2024_1.pdf.