LABOR & EMPLOYMENT
Mitigating the Employment and Labor Law Risks of Robotics, Embodied AI By ROBERT BOTKIN AND CARSON LANE
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s businesses increasingly adopt robotics and artificial intelligence (AI)—including “embodied AI” that combines physical robotics with AI—they must carefully manage the associated employment and labor law risks. While these technologies can enhance productivity, improve safety, and reduce costs, failure to navigate the complex legal landscape may lead to litigation, regulatory penalties, and reputational harm. This issue is especially timely now, as businesses look to offset high domestic labor costs and navigate an BACK TO CONTENTS
unpredictable import tariff situation, which has prompted a shift of manufacturing operations to the United States. Let’s explore the key legal risks and offer strategies to mitigate them when integrating robotics into the workplace.
MANAGING WORKER DISPLACEMENT AND RETENTION Robotics in the workplace has the potential to displace human workers, one of the most significant labor concerns. In the event workers are displaced, employers must ensure
compliance with applicable labor laws while also taking into consideration workforce morale and productivity. • Compliance with WARN Act: If large-scale layoffs result from robotic integration, employers must comply with the federal Worker Adjustment and Retraining Notification (WARN) Act, which mandates advance notice for mass layoffs and plant closures. Many states impose their own often-stricter “miniWARN” statutes — so companies should verify
SEPTEMBER/OCTOBER 2025
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