US Department of Labor publishes guidance on employers’ use of AI in the workplace

US Department of Labor publishes guidance on employers’ use of AI in the workplace

On October, the U.S. Department of Labor (DOL) published a new guidance entitled “Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers,” containing instructions on the responsible use of AI and other technologies in the workplace. Following on from the executive order issued by the then US president in 2023, which provides recommendations on the responsible use of AI and related technologies, the latest guidance is intended as a framework for AI developers and employers, not as a replacement for existing laws and regulations.

According to the guidance, its aim is, based on the principles and practices it recommends, “to create a roadmap for developers and employers on how to harness AI technologies for their business while ensuring that workers benefit from the new opportunities created by AI and are protected from its potential harms”. In this sense, the document is divided into 8 guiding principles, being: (i) centralizing worker empowerment; (ii) developing AI ethically; (iii) establishing AI governance and human oversight; (iv) ensuring transparency in the use of AI; (v) protecting labor and employment rights; (vi) using AI to empower workers; (vii) supporting workers affected by AI: and (viii) ensuring the responsible use of workers’ data.

First, the document encourages the use of AI in the workplace with a focus on the protection and rights of workers, suggesting practices that reconcile technological innovation and legal obligations. The guidance recommends that developers and employers include workers themselves, especially those from disadvantaged communities, in all stages of the development, training and implementation of AI systems. It also suggests that employers conduct ongoing audits and monitoring of AI software to ensure the protection of employees’ civil rights and offer feedback or mitigations where there are risks of violations. Meaningful human oversight of AI-influenced decisions is essential, and records should be kept on the use of AI in decision-making.

In addition, transparency in the use of AI is also strongly emphasized in the guidance. The document emphasizes the need for workers to be informed about what data is collected, what activities are monitored and for what purpose, and to have the right to review and correct information whenever possible. Also, according to the DOL, AI should not be used to limit workers’ rights guaranteed by labor law; technology should complement work, aiming to improve the quality of employment, and not for discriminatory or illegal practices.

Thus, employers are encouraged by the Department to use AI to assist workers’ functions and improve job quality, such as in the organization of work schedules. The guidance also suggests training workers in the use of AI and additional support for those who may be replaced, with training programs or the search for new positions. Finally, the DOL warns employers to ensure that AI systems do not collect information without workers’ informed consent and that they are limited to only strictly necessary data.

The document can be accessed via the link: Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers

Note: For quick release, this English version is provided by automated translation without human review.