The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated systems in the workplace. Bulletins provide guidance to field staff on enforcing the federal statutes administered by the WHD.
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A Deepfake of a Baltimore High School Principal Raises Significant Employment Issues
As reported by CNN, a high school principal in Pikesville, Maryland, found his life and career turned upside down when in January a recording suggesting the principal made racially insensitive and antisemitic remarks went viral. The school faced a flood of calls from concerned persons in the district, security was tightened, and the principal…
DHS Launches Three Pilot Programs to Test AI Uses
President Joe Biden’s Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” directs departments and agencies throughout the government, including the Department of Homeland Security (DHS) and the Department of State, to develop plans and policies to establish new standards for artificial intelligence (AI) use. In response, DHS has…
OFCCP Releases New Artificial Intelligence Guidance
OFCCP announced this morning the release of a new Artificial Intelligence (“AI”) landing page. The landing page, which encourages readers to “check back often for updates” contains links to the Agency’s thoughts about the use of AI in federal contractors’ employment processes.
Following a link labeled Artificial Intelligence and Equal Employment Opportunity for Federal…
Privacy Versus Cyber – What is the Bigger Risk?
“Cybersecurity” has emerged as one of top risks facing organizations. Considering the steady stream of massive data breaches affecting millions (sometimes billions), the debilitating effects of ransomware on an organization’s information systems, the intrigue of international threat actors, and the mobilization and collaboration of national law enforcement to thwart these attacks, it’s no wonder. Notions…
Enforcing Policy to Keep Vehicle Dashcam On At All Times Does Not Violate NLRA, According to D.C. Circuit
A manager texting one of his drivers who covered the truck’s inward facing camera while stopping for lunch – “you can’t cover the camera it’s against company rules” – is not unlawful under the National Labor Relations Act (NLRA), according to a recent decision by the D.C. Circuit Court of Appeals.
A practice that has…
EU Artificial Intelligence Act Passes in European Parliament
On Wednesday, March 13, 2024, Members of European Parliament endorsed the Artificial Intelligence Act (“AI Act”), with 523 votes in favor, 46 against, and 49 abstentions. This is the world’s first comprehensive AI law and likely to have significant influence on the rapid development of AI regulation in other jurisdictions including in the United…
President’s Executive Order Seeks to Protect Certain “Bulk Sensitive Personal Data” from “Countries of Concern”
On February 28, 2024, President Biden issued an Executive Order (EO) seeking to protect the sensitive personal data of Americans from potential exploitation by particular countries. The EO acknowledges that access to Americans’ “bulk sensitive personal data” and United States Government-related data by countries of concern can, among other things:
…fuel the creation and refinement…
3 Key Risks When Using AI for Performance Management & Ways to Mitigate Them
Artificial intelligence tools are fundamentally changing how people work. Tasks that used to be painstaking and time-consuming are now able to be completed in real-time with the assistance of AI.
Many organizations have sought to leverage the benefits of AI in various ways. An organization, for instance, can use AI to screen resumes and identify…
AI, Phishing Attacks, Healthcare, and a $480,000 OCR Settlement under HIPAA
Phishing has long been a favorite tactic for threat actors (hackers) to commence a cyberattack. The rapid expansion of more adaptable and available artificial intelligence (AI) technologies, such as natural language processing and large language models, now fuels more ferocious phishing campaigns. The effects are being felt in many industries, perhaps most notably the healthcare…