AI. Ugh. We will be diving deeper into AI in the coming weeks because, unfortunately, all the hoopla is correct. Artificial Intelligence is a BFD (Big Flipping Deal) and the workplace is no exception. Today is an easy AI pitfall to avoid.
A Dunkin’ franchise in CT was pooling its tips and distributing them at the end of every month, without informing employees the method or basis for how the tips were determined. A fairly new worker used a search engine to investigate this practice and showed her supervisor that he was in violation of wage and hour laws. He dismissed her, claiming: “That’s AI. That’s not real. This article is not for Dunkin’ Donuts.” (Whether the search was AI generated is unclear).
The worker was fired an hour later because of alleged customer complaints, in spite of being asked to work more hours earlier in the day. She sued for non-payment of wages under state law and retaliation under federal law. The facts do not look good for this Dunkin’ franchise–the plaintiff is seeking back pay, front pay, liquidated damages, and attorneys fees as allowed by law.
The Takeaway? Regardless of where the information comes from, workers’ rights still stand. AI cannot be used as an excuse to dismiss employee complaints. As flawed as AI can be, workplace issues must be addressed on the facts presented.
Employers are responsible for the employment-related decisions they make, even if they offload the decision making process to an AI tool. Blaming ChatGPT will not get you off the hook. It is imperative that employers understand the risks and acceptable uses for AI. With regulation now left largely to the states, we expect a patchwork nationwide as to what is acceptable. It is a lot to unpack. Stay tuned!
Questions? We can help. Contact us about this or any other workplace law issue.