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AI-Empowered HR: Crafting Compliance in the Digital Age

The Department of Labor’s Wage and Hour Division (WHD) has released a Field Assistance Bulletin (FAB) guiding employers on the use of artificial intelligence (AI) in human resources activities. The FAB focuses on how the use of AI can cause concerns complying with the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Employee Polygraph Protection Act (EPPA). The guidance predominantly addresses AI systems that undertake traditional human resources functions—such as tracking work hours, evaluating worker performance, setting schedules, and assigning tasks—and highlights their impact on remote and hybrid work environments across diverse workplaces.

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