News & Commentary May 7, 2023

https://onlabor.org/may-7-2023/

bY Swap Agrawal

Swap Agrawal is a student at Harvard Law School.

In this weekend’s news and commentary, NLRB GC Abruzzo spoke about algorithmic management at the Anti-Monopoly Summit, House members asked the NLRB to investigate unfair labor practices by Apple, and the NLRB reversed a Trump-era rule making it easier to discipline workers for profane comments.

On May 5, NLRB General Counsel Jennifer Abruzzo spoke about AI and algorithmic management at the Anti-Monopoly Summit organized by the American Economic Liberties Project. The summit convened union leaders, government officials, activists, and policy experts to discuss “a future where markets are fair and competitive.” GC Abruzzo spoke about the challenges monopolies create for workers. In particular, she called AI a “black box” and put both companies and providers on notice that the NLRB GC would “broadly construe” and “fully enforce” labor laws protecting the rights of workers to organize in the face of increasing surveillance. While she acknowledged that some algorithmic management could improve productivity and efficiency, she said the burden was on employers to prove to regulators that AI was being used for legitimate business interests rather than “abusive” practices. “Workers need to be told what is being used and what data is collected,” Abruzzo said. The GC had previously raised many of these issues in an October 2022 memo on unlawful electronic surveillance and automated management practices. She also pointed to “critical partnerships with the FTC, DOJ Antitrust, and CFPB” as essential to addressing employment structures that restrain competition. Other speakers at the summit included NEC Director Lael Brainard, Secretary of Transportation Pete Buttigieg, FTC Chair Lina Khan, Assistant Attorney General for DOJ Antitrust Jonathan Kanter, and CFPB Director Rohit Chopra.

FULL story at link.