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US DOL Issues Guidance on AI and Automated Systems in the Workplace under the FLSA and Other Federal Labor Laws 

President Biden’s Executive Order in October 2023 prompted the Department of Labor (DOL) to create guidelines on non-discrimination in hiring practices involving AI and other technology-based systems. In response, the DOL’s Wage and Hour Division published Field Assistance Bulletin (FAB) No. 2024-1 on April 30, 2024. This bulletin, titled “Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other Federal Labor Standards,” provides guidance on applying the Fair Labor Standards Act (FLSA) and other federal labor standards to the use of AI and automated technologies as they become more prevalent in workplaces. 

Importantly, this guidance applies universally to all covered employment, whether employees work remotely or on-site. It addresses employers’ responsibilities concerning the use of AI or automated systems in relation to key provisions under the FLSA, such as hours worked and overtime calculations. It also extends to other laws enforced by the DOL including the Family and Medical Leave Act (FMLA), the Pregnant Workers Fairness Act (PWFA), the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), the Employee Polygraph Protection Act (EPPA), and laws prohibiting retaliation. 

The overarching theme of the guidance is that employers bear the responsibility of complying with these laws and cannot solely rely on technologies to ensure compliance with the FLSA and other laws. The guidance also makes clear that employers must ensure that AI and automated technologies do not contribute to adverse impacts or retaliation in the workplace. 

Employers are strongly encouraged to review the full contents of the guidance, as it provides additional context, considerations, and details on prohibited practices that may be relevant to your organization’s practices and processes. 

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.