DOL WHD FAB 2024-1

DOL Wage and Hour FAB 2024-1 — AI and Automated Systems in the Workplace under the FLSA
United States · DOL WHD FAB 2024-1 (Apr. 29, 2024)

Status
In effect
Took effect
April 29, 2024
Applies to
Employers using AI for workforce management
Enforced by
DOL Wage and Hour Division

DOL Wage and Hour Division guidance on FLSA, FMLA, PUMP Act, and EPPA compliance when employers use AI for scheduling, timekeeping, monitoring, or performance evaluation.

Who is protected: Hourly and salaried workers subject to AI-driven workforce management

Legal detail

FAB 2024-1: AI-enabled timekeeping, scheduling, and monitoring tools cannot be used to evade FLSA minimum-wage, overtime, recordkeeping, or break-time requirements; employers responsible for accuracy of AI-generated time records and for non-retaliation under FMLA/PUMP Act/EPPA when AI is involved in adverse actions.

Key facts

JurisdictionUnited States
LevelFederal
StrengthModerate
EnactedApril 29, 2024
CitationDOL WHD FAB 2024-1 (Apr. 29, 2024)
Private right of actionYes, individuals can sue
PenaltiesFLSA back-wages + liquidated damages + civil penalties
TopicsAI hiring and employment · automated decision-making
Agency pageField Assistance Bulletin No. 2024-1 — DOL WHD

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