Legal Updates

On October 30, 2023, President Biden issued a groundbreaking Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence This Executive Order aims to establish standards and guidelines to ensure the safe use of artificial intelligence (“AI”) while also mitigating the substantial risk it poses to Americans. The Executive Order calls on Congress and several federal agencies to establish new standards on AI safety and security, algorithmic discrimination, privacy protection, innovation, and the responsible use of AI in healthcare, education, and the government.

The Executive Order acknowledges the benefits AI can have on productivity in the workplace, but it also raises concerns about the risks that AI poses, such as increased surveillance, bias, and job displacement. The Executive Order requires the Secretary of Labor to execute the following actions:  

1) to develop principles and best practices to mitigate the harms and maximize the benefits of AI for workers by addressing job displacement; career opportunities related to AI, labor standards; workplace equity, health, and safety; and data collection; and

2) to produce a report on AI’s potential labor-market impacts, and study and identify options for strengthening federal support for workers facing labor disruptions, including from AI.

It is important to note that the Executive Order specifically states that such best practices and principles are intended to provide guidance to prevent employers from under-compensating workers, conducting unfair job application assessments, or limiting workers’ ability to organize.

This Executive Order is consistent with the Biden administration's previous efforts in addressing the responsible and safe use of AI in society. The Official Fact Sheet of the Executive Order can be found here.

Connell Foley provides New Jersey employers with guidance to understand the evolving landscape of AI and its effect in the workplace.  Please contact us if you would like to discuss.