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Issue link: https://digital.miamilivingmagazine.com/i/1543371
exempt and who is non-exempt. Job titles alone are not enough. Employers need to review job duties, salary levels, and hours worked to reduce misclassification risk, as the Department of Labor’s guidance and enforcement priorities change, including potential shifts in salary thresholds. Timekeeping is another common source of preventable risk. Employers should upgrade systems and processes to capture all hours worked, including remote work, training, travel time, when applicable, and small pre- and post-shift tasks that can easily be overlooked. Payroll systems should also correctly and consistently calculate and report overtime premiums. We also encourage regular updates to written policies and handbooks to reflect current federal standards on work time, overtime approval, and off-the-clock prohibitions. Just as importantly, managers and HR teams should be trained periodically on overtime rules, documentation requirements, and how to respond to employee questions consistently. Finally, employers should monitor developments from the Department of Labor, the IRS, and Florida courts— including opinion letters and wage-related reporting issues—and schedule periodic check-ins with employment counsel so they can adjust their practices before any changes to the laws take effect. Miami Living: What legal risks are emerging from AI-driven hiring, monitoring, and workforce analytics tools? Regina M. Campbell: We are seeing more Florida companies adopt AI tools for hiring, employee monitoring, and workforce analytics. While these tools can improve efficiency, they also introduce new legal risks that leadership teams should take seriously. A major concern is the lack of human oversight. When businesses rely on AI to screen applicants, flag performance issues, or guide employment decisions without meaningful review, they increase exposure to discrimination claims, privacy concerns, and regulatory scrutiny. We are also seeing situations in which people simply accept the tool’s output without questioning the outcome, even when the decision does not line up with what a reasonable person would conclude. Vendor relationships add another layer of risk. Contracting with an AI provider does not transfer responsibility to the vendor. In fact, using third-party tools can increase litigation exposure if rights and duties are assigned without a clear accountability structure. Without careful due diligence and well-drafted agreements, businesses may find themselves defending decisions tied to flawed systems, poor data inputs, or inadequate oversight, often at significant cost. We also caution clients not to underestimate the broader legal environment around AI. Courts and regulators are paying closer attention to how AI is used, and the consequences for misuse can be serious. In some contexts, professionals have even