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)
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.
Technical 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.
Who is protected: Hourly and salaried workers subject to AI-driven workforce management
Who must comply: Employers using AI for workforce management
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Status | In effect |
| Protection strength | Moderate protection |
| Effective date | 2024-04-29 |
| Enacted | 2024-04-29 |
| Citation | DOL WHD FAB 2024-1 (Apr. 29, 2024) |
| Enforced by | DOL Wage and Hour Division |
| Private right of action | Yes — individuals can sue |
| Penalties | FLSA back-wages + liquidated damages + civil penalties |
| Topics | AI hiring and employment · automated decision-making |
| Last verified | 2026-06-16 |
| Official source | Field Assistance Bulletin No. 2024-1 — DOL WHD ↗ |
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- ECOA / Regulation B (AI credit discrimination) · In effect
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- SB 26-189 (Colorado ADMT Law) · Enacted (not yet in effect)
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- AI Video Interview Act · In effect
- HB 3773 (AI Employment Discrimination) · In effect
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