The regulation of artificial intelligence (AI) in the workplace is shaping up to be a significant issue in future U.S. administrations, with both the Harris and Trump approaches reflecting broader differences in their governing philosophies.
🔵 If Harris Wins
A Harris administration would likely continue and expand the Biden administration’s pro-labor stance, focusing on AI regulations that protect workers from being displaced or unfairly monitored. Building on executive orders and interagency agreements, Harris might push for stronger oversight, especially targeting AI systems that could undermine union efforts or employee rights. Given her background as California’s former attorney general, Harris may also look to her home state’s regulatory frameworks as models for federal policy, possibly emphasizing voluntary agreements with tech companies to self-regulate.
🔴 If Trump Wins
A Trump administration would likely reverse many of the current AI regulatory efforts, emphasizing a deregulatory approach that minimizes government intervention and promotes innovation. Trump’s policies would probably involve rolling back executive orders and guidance documents seen as limiting business flexibility, such as the Biden administration’s October 2023 AI Executive Order and the NLRB’s AI surveillance memo. Instead of broad directives, the Trump administration would likely issue more business-friendly opinion letters to address specific AI concerns, particularly around wage and hour issues. A Trump administration would also be more likely to work with and engage tech companies in the development of any AI regulatory policies.
🇺🇸 The Role of the States
Despite potential differences in federal policy, state governments are playing a more prominent role in AI regulation, with states like California leading the charge. This decentralized approach suggests that even with a shift in presidential leadership, much of the AI regulatory landscape will remain localized, leaving businesses to navigate a patchwork of state laws.
In conclusion, while the federal approach to AI regulation could shift depending on the outcome of the next presidential election, the overall light-handed and decentralized approach is expected to persist, with states continuing to drive more stringent and detailed regulations.