Biden Signs Executive Order to Support Workers Affected by AI

Supporting Workers.

(a)  To advance the Government’s understanding of AI’s implications for workers, the following actions shall be taken within 180 days of the date of this order:

          (i)   The Chairman of the Council of Economic Advisers shall prepare and submit a report to the President on the labor-market effects of AI.

          (ii)  To evaluate necessary steps for the Federal Government to address AI-related workforce disruptions, the Secretary of Labor shall submit to the President a report analyzing the abilities of agencies to support workers displaced by the adoption of AI and other technological advancements.  The report shall, at a minimum:

               (A)  assess how current or formerly operational Federal programs designed to assist workers facing job disruptions — including unemployment insurance and programs authorized by the Workforce Innovation and Opportunity Act (Public Law 113-128) — could be used to respond to possible future AI-related disruptions; and

               (B)  identify options, including potential legislative measures, to strengthen or develop additional Federal support for workers displaced by AI and, in consultation with the Secretary of Commerce and the Secretary of Education, strengthen and expand education and training opportunities that provide individuals pathways to occupations related to AI.

     (b)  To help ensure that AI deployed in the workplace advances employees’ well-being:

          (i)    The Secretary of Labor shall, within 180 days of the date of this order and in consultation with other agencies and with outside entities, including labor unions and workers, as the Secretary of Labor deems appropriate, develop and publish principles and best practices for employers that could be used to mitigate AI’s potential harms to employees’ well-being and maximize its potential benefits.  The principles and best practices shall include specific steps for employers to take with regard to AI, and shall cover, at a minimum:

               (A)  job-displacement risks and career opportunities related to AI, including effects on job skills and evaluation of applicants and workers;

               (B)  labor standards and job quality, including issues related to the equity, protected-activity, compensation, health, and safety implications of AI in the workplace; and

               (C)  implications for workers of employers’ AI-related collection and use of data about them, including transparency, engagement, management, and activity protected under worker-protection laws.

          (ii)   After principles and best practices are developed pursuant to subsection (b)(i) of this section, the heads of agencies shall consider, in consultation with the Secretary of Labor, encouraging the adoption of these guidelines in their programs to the extent appropriate for each program and consistent with applicable law.

          (iii)  To support employees whose work is monitored or augmented by AI in being compensated appropriately for all of their work time, the Secretary of Labor shall issue guidance to make clear that employers that deploy AI to monitor or augment employees’ work must continue to comply with protections that ensure that workers are compensated for their hours worked, as defined under the Fair Labor Standards Act of 1938, 29 U.S.C. 201 et seq., and other legal requirements.

     (c)  To foster a diverse AI-ready workforce, the Director of NSF shall prioritize available resources to support AI-related education and AI-related workforce development through existing programs.  The Director shall additionally consult with agencies, as appropriate, to identify further opportunities for agencies to allocate resources for those purposes.  The actions by the Director shall use appropriate fellowship programs and awards for these purposes.