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DOL Issues Guidance on AI-related Wage and Hour Risks

The U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin (FAB) No. 2024-1, offering guidance on using artificial intelligence (AI) in the workplace. The bulletin addresses compliance risks under the Fair Labor Standards Act (FLSA) and other relevant laws, emphasizing the importance of human oversight and risk mitigation strategies. Click here for article.

  • FAB No. 2024-1 highlights compliance risks under the FLSA associated with AI tools for tasks like tracking work time and calculating pay rates.

  • Recommended practices include exercising proper human oversight to ensure AI systems align with FLSA regulations.

  • The bulletin also addresses potential risks related to other laws such as FMLA and the Employee Polygraph Protection Act.

  • While non-binding, FABs provide insights into the DOL's interpretation of statutes, helping employers understand regulatory expectations and mitigate legal risks associated with AI use.

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