Employers are increasingly using artificial intelligence (AI)-powered systems to monitor employee activities ranging from schedules and timecards to performance. In previous updates and podcasts, we have closely tracked the federal government’s efforts in these areas. Against this backdrop, the U.S. Department of Labor’s (DOL) Wage and Hour Division released a Field Assistance Bulletin addressing compliance risks posed by the use of AI under the Fair Labor Standards Act (FLSA) and other federal labor standards. This guidance makes it clear that employers remain responsible for compliance with federal laws when adopting AI or other automated systems in the workplace. The bulletin cautions against heavy reliance on AI systems, saying a lack of human eyes could create a domino effect and lead to violations of federal wage and leave laws.

Read the full Update here.

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Photo of Chris Wilkinson Chris Wilkinson

Chris Wilkinson maintains a broad litigation and advice practice in labor and employment, wage-and-hour, federal contractor compliance, equal pay, government relations, and administrative law. He represents multinational employers, advising and counseling on the full range of employment and compliance matters arising out of…

Chris Wilkinson maintains a broad litigation and advice practice in labor and employment, wage-and-hour, federal contractor compliance, equal pay, government relations, and administrative law. He represents multinational employers, advising and counseling on the full range of employment and compliance matters arising out of federal and state laws.

Chris’ current practice focuses on counseling employers and litigating pay equity matters arising out of federal and state claims. He helps clients navigate large-scale government investigations and litigation arising out of discrimination, retaliation, whistleblower, and other enforcement matters. He also investigates highly sensitive matters at the executive level, ensures legal compliance in diversity and inclusion efforts, and strategizes regarding labor and employment risks arising out of the COVID-19 pandemic.