Department of Labor: Principles for AI and Worker Well-Being

By: Dave Schmidt and Bre Timko

In response to direction from Executive Order 14110, titled Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the Department of Labor (DOL) created Principles for Developers and Employers related to the use of artificial intelligence (AI) in the workplace. The DOL recognizes the fluid nature of AI development and evolution, noting that these principles are not intended to be exhaustive nor prescient, however, they are intended to provide a framework for the development and deployment of AI in work settings and in situations where worker rights and well-being need to be considered. Some principles will apply more or less to different industries or work settings. There are 8 principles as follows:

(North Star) Centering Worker Empowerment
Ethically Developing AI
Establishing AI Governance and Human Oversight
Ensuring Transparency in AI Use
Protecting Labor and Employment Rights
Using AI to Enable Workers
Supporting Workers Impacted by AI
Ensuring Responsible Use of Worker Data

Consistent with themes across a wide range of guidance and enacted or proposed regulations for AI, transparency, governance/human oversight, and ethical development are critical for developing and deploying AI. There is also an emphasis on responsible use of worker data, limiting it to only those data necessary – in other words, it is important to have a clear rationale for data being used. The DOL is explicit that the AI should assist workers and should not undermine worker rights. Additionally, in instances where AI may significantly impact worker jobs or responsibilities, employers should support and upskill workers to make the transition.

Finally, their “North Star” guiding principle calls for not only notifying workers and their representatives of the use of AI, but also to ensure there is “genuine input in the design, development, testing, training, use, and oversight of AI systems for use in the workplace” – particularly from historically underserved groups. This principle reminds us of one of the practices the OMB highlighted in their March memorandum around AI (i.e., to “Consult and incorporate feedback from affected communities and the public”) – this may be an emerging theme in federal responses that AI developers should take note of.

Expect to see continued activity from federal agencies in response to Executive Order 14110 in the upcoming months. Stay tuned to DCI blogs for highlights and insights as these responses are published.