Biden's AI Order and the Implications for Employers

On October 30, 2023, President Biden issued an Executive Order addressing the development of artificial intelligence (AI) in the U.S. In this article, we will explore the implications of President Biden's AI Order on job security, workers' rights, and the use of AI in the workplace. We will delve into the measures taken to support workers affected by AI adoption, establish AI principles for labor standards, and address the ethical considerations surrounding AI-assisted employee data collection. Join us as we navigate the impact of this significant executive action on employers and the workforce.

Supporting Workers

Explore the measures taken to support workers affected by AI adoption and mitigate job displacement.

Biden's AI Order and the Implications for Employers - 1691832731

President Biden's AI Order prioritizes the support of workers affected by the adoption of AI and other technological advances. The Order directs the Secretary of Labor to evaluate the ability of federal agencies to provide assistance to displaced workers. This includes exploring the combination of worker retraining programs with existing unemployment insurance to offer support during the transition.

The Department of Labor's subagencies, such as the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB), will contribute to the development of AI principles and best practices for labor standards and job quality. The involvement of labor unions and workers groups in the process ensures a comprehensive approach that considers the impact on workers' rights.

By addressing the challenges of job displacement and promoting worker support, the AI Order aims to create a more inclusive and equitable future for workers in the face of advancing technology.

Establishing AI Principles for Labor Standards

Learn about the efforts to establish AI principles and best practices for labor standards and job quality.

The AI Order recognizes the need to establish AI principles and best practices to ensure fair and equitable labor standards. The Department of Labor, along with its subagencies, will contribute to the development of these principles.

The principles will encompass considerations of equity, protected activity, compensation, health, safety implications, and the ethical implications of AI-assisted collection of employee data. By addressing these areas, the aim is to create a framework that protects workers' rights and promotes a positive work environment.

Consultation with outside entities, such as labor unions and workers groups, will provide valuable insights and perspectives in shaping these principles. This collaborative approach ensures that the guidelines reflect the needs and concerns of the workforce.

Guidance on Violations of Fair Labor Standards

Discover the new guidance on violations of the Fair Labor Standards Act (FLSA) in relation to AI monitoring and augmentation of employees' work.

One significant aspect of the AI Order is the requirement for the Department of Labor to issue guidance on violations of the Fair Labor Standards Act (FLSA) in cases where AI monitors or augments employees' work. This guidance will help employers navigate the legal implications and ensure compliance with labor standards.

Additionally, federal contractors will receive specific guidance regarding nondiscrimination in hiring involving AI and other technology-based systems. This aligns with the Office of Federal Contract Compliance Program's update to the Scheduling Letter and Itemized Listing, which now requires documentation of the use of AI and automated selection procedures.

By providing clear guidelines, the AI Order aims to prevent potential violations and promote fair treatment of employees in the context of AI utilization.