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WHD Issues Bulletin on Artificial Intelligence and Automated Systems in the Workplace

The Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin 2024-01 entitled, Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other Federal Labor Standards.

In the bulletin, the WHD warns employers that artificial intelligence (AI) systems used to monitor worker productivity, breaktime, waiting time, and geolocation will often not suffice to provide compliant records regarding matters like an employee’s hours worked. The bulletin also explains how the data measured and captured by AI software will not often be congruent with Fair Labor Standards Act concepts like “hours worked.” Finally, the bulletin also details issues that may arise with an employer’s compliance with the Family and Medical Leave Act, PUMP Act for Nursing Mothers, and other federal leave laws if employers rely on AI systems without adequate human intervention to ensure compliance with these laws and to avoid unlawful retaliation.

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