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On Monday, the U.S. Department of Labor’s Wage and Hour Division published new guidance reminding employers that the use of artificial intelligence and other automated technologies to track work hours, optimize employee performance, and administer leaves of absence does not excuse compliance with the laws that the WHD enforces, namely, the Fair Labor Standards Act and the Family and Medical Leave Act.
For example, an employer must exercise reasonable diligence to learn about the hours employees work, whether scheduled or not, and to keep accurate records of hours worked. Although employers can leverage AI to measure and analyze worker productivity
