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Executive Order on Artificial Intelligence

​President Joe Biden signed a first-of-its kind executive order Oct. 30 on the development of artificial intelligence (AI), to shape how the powerful technology evolves in a way that can maximize its potential but limit its risks.

The order requires the tech industry to develop safety and security standards, introduces new consumer and worker protections, and assigns federal agencies a to-do list to oversee the rapidly progressing technology. The launch of ChatGPT less than a year ago astounded users and policymakers, accelerating efforts to try to regulate the technology.

The executive order will likely call into question the limits of the executive branch's enforcement authority over the private sector. More detailed guidance from the Office of Management and Budget on how federal agencies should use AI will be released soon.
President Biden Issues Executive Order on AI
SHRM | Oct 2023

Read the Executive Order.

Law Firm Articles

Guidance Issued
On April 29, 2024, the White House released a statement entitled, “Biden-⁠Harris Administration Announces Key AI Actions 180 Days Following President Biden’s Landmark Executive Order.” A few hours later, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) and Office of Federal Contract Compliance Programs (OFCCP) released guidance documents about the use of artificial intelligence (AI) in the workplace. Both sets of guidance documents were issued following President Biden’s Executive Order on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (“AI Executive Order”) issued on October 30, 2023. Specifically, the AI Executive Order directed these agencies within DOL to develop best practices for employers, agencies, and federal contractors.
Artificial Intelligence Executive Order WHD and OFCCP Guidance Issued
Littler | May 2024

DOL’s Wage and Hour Division Issues New Guidance on Employers’ Use of AI
Ogletree | May 2024

The DOL’s New Guidance for AI and its Impact in the Workplace
Carothers | May 2024

Original Development
The Biden-Harris Administration has issued its long-awaited executive order (EO) regulating artificial intelligence (AI). The order issues directives to over twenty federal agencies, with the deadline for implementation spanning between 30 and 365 days—just ahead of the 2024 election.
President Biden Issues Long-Awaited Artificial Intelligence Executive Order
Akin | Oct 2023

An increasing number of workers around the country are coming down with FOBO – a fear of becoming obsolete – and the executive order addresses this existential sense of dread. It sends strong signals to the private sector that they must take employee and labor rights into account as they introduce AI into the workplace, knowing that regulatory and enforcement action is right around the corner.
White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know
Fisher Phillips | Oct 2023

The EO directs that within a year, the Secretary of Labor "shall" publish guidance to federal contractors regarding "nondiscrimination in hiring involving AI and other technology-based hiring systems."  Accordingly, Federal contractors in particular should expect additional guidance from OFCCP clarifying how it will be applying existing guidance, such as the 1978 Uniform Guidelines on Employee Selection Procedures, to cutting-edge hiring technology.   The guidance to date has been limited and simply provides that the Uniform Guidelines apply to even the most sophisticated technologies.
President Biden Signs Executive Order Setting Forth Broad Directives for Artificial Intelligence Regulation and Enforcement
Seyfarth | Oct 2023

Even though the executive order is largely focused on the federal workforce, private entities are still affected. For example, companies that develop (or intend to develop) AI tools for the federal government are required to provide the government certain information, reports, and records. Additionally, the executive order leverages the federal government's pocketbook, as one of the largest purchasers of technology, to ensure the compliance of private companies. These federal procurement procedures provide a method for federal agencies to regulate AI indirectly.
President Biden Issues Landmark Artificial Intelligence Executive Order
Littler | Oct 2023

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​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.