Compliance Conundrum: New State Laws Governing the Use of AI in Employment Practices
AI and Employment Law in 2024 Artificial Intelligence (AI) powered technology is increasingly being used in employment practices such as recruitment and hiring, productivity monitoring, performance management, and career development. Utilization of such technology can allow companies to streamline operations. However, when it comes to managing items that human resources typically handle impacting employees, companies need to be cognizant of how such technology may run afoul of the numerous employment laws with which they must comply. To help manage compliance, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued Field Assistance Bulletin No. 2024-1 which provides guidance on the application of the Fair Labor Standards Act (FLSA) and other federal labor laws to employers’ use of AI in the workplac e. The bottom line is that when using AI technology in the workplace, employers must maintain appropriate human supervision to ensure that the end product from AI is ...