Artificial Intelligence
(AI) Driven Tools in the Workplace Policy (with Acknowledgment)

Summary

This template is intended to provide a framework for a policy concerning use of artificial intelligence (AI) driven tools in the workplace. Employers are advised to adopt a policy to indicate the limits on AI's use in the workplace. This template includes practical guidance, drafting notes, and an alternate clause. This template is intended for private employers. Employers may include a policy derived from this framework in an employee handbook or distribute it as a standalone policy. It is a non-jurisdictional policy and does not address all potential federal legal requirements, or state and local law distinctions; thus, you should check any potentially relevant laws and regulations. Employers are increasingly adopting AI Driven Tools (AI Tools), including generative AI (GAI), to automate routine tasks and assist their employees in the performance of job functions. The myriad ways in which AI is being used by businesses cannot be captured in a one size fits all policy. This framework provides a structure which highlights certain key issues. Before implementation of any policy, the policy will need to be supplemented to address the unique needs of each business. In addition, prior to adoption of any provision or section set forth in this template or other policy, employers should consult with counsel. Federal, state, and local law and regulation of AI is rapidly evolving, and employers will need legal advice related to the laws and regulations applicable in the jurisdictions in which they operate prior to adoption any policy or provision concerning the use of AI. To the extent a business operates internationally, the law of the countries in which they operate will need to be considered. For a full listing of key content covering generative Artificial (AI) considerations, see Generative Artificial Intelligence (AI) Resource Kit. For a video discussing key considerations regarding artificial intelligence in the workplace, see Artificial Intelligence (AI) in the Workplace Video. For more information on AI policies in the workplace, see Artificial Intelligence in the Workplace: Best Practices and ChatGPT Risks and the Need for Corporate Policies. For a tracker showing the progress of proposed or pending AI-related federal, state, and major local legislation across several practice areas, including Labor & Employment, see Artificial Intelligence Legislation Tracker (2023). For a survey covering enacted state and notable local AI legislation across several practice areas, including Labor & Employment, see Artificial Intelligence Legislation State Law Survey.