Field Assistance Bulletin Published on Employers' use of AI

Field Assistance Bulletins (FAB) are utilized to provide guidance to filed staff on enforcing the federal statutes administered by the Department of Labor's Wage and Hour Division (WHD).

On May 20, 2024, JacksonLewis reported that the WHD has published a FAB on the application of federal labor standards to employers' use of artificial intelligence (AI) and other automated systems in the workplace.

FAB No. 2024-1 emphasizes that statutory protections apply as usual, disregarding the new tools and systems employers are using.  However, the use of Artificial Intelligence (AI) may provide challenges in compliance. "Regardless of the exact AI or other technologies used, the principles described here provide guidance for evaluating how to comply with the law," the FAB states.

The bulletin also addresses the potential impact of AI on compliance with the protections FLSA provides for nursing employees.    The FAB also provides guidance on the challenges that may arise with the use of AI and compliance with the Family and Medical Leave Act

Source(s): JacksonLewis, received on May 20, 2024; DOL, accessed on May 22, 2024.