Natalie Pierce, a Littler Mendelson shareholder (Photo: Jason Doiy/ALM)

Right about now, it might feel like we're submerged in uncertainty. But one thing that seems absolutely certain is that the world probably won't look the same after the COVID-19 pandemic is over.

To comply with social distancing and keep workers safe, some retailers are using robots to scrub floors, and recycling facilities are using robots to sort potentially contaminated items. On the front lines, some hospitals are disinfecting patient rooms with robots that zap the virus with ultraviolet light, and treating patients with remote-controlled telehealth robots.

Natalie Pierce, a Littler Mendelson shareholder in San Francisco and co-chairwoman of the firm's robotics, artificial intelligence and automation practice group, said that even after the pandemic subsides, employers might see the benefits of collaborative robots, or cobots, autonomous mobile robots, and other automated tools to help socially distance their workforce. But as employers adopt artificial intelligence and robots at a rapid rate, they have a new fresh set of legal hurdles to consider—and fast.

The Recorder asked Pierce some questions about how businesses are changing during this extraordinary time. Answers have been edited for length and clarity.

➤➤ Where are you seeing an acceleration in the adoption of AI and automation? Minimizing touches is going to become a very big deal, I think even post-pandemic, not just to increase safety levels for employees and customers, but I think the lesson learned will be that adoption is easy. The cost has really come down. These robots are able to work in tight spaces and around people. For example, we're seeing grocery stores take measures to comply with social distancing protocols by using robots for cleaning, scanning, stocking and even delivery. It's clear that the coronavirus has simply accelerated that trend, and we can expect to see greater adoption by grocers of all sizes post-pandemic. We already know they increase safety and efficiency and reduce laborious work during a time when it's often scary and exhausting to be an essential worker.

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➤➤ Are our legal frameworks ready for more automated workplaces? We really cannot expect that regulations will keep up with technology, and I'm not sure we really want it to, because it can stifle innovation. What we see across the globe increasingly is an effort to standardize principles—whether they be legal, ethical or safety principles—around the adoption of AI. We're certainly seeing that with some of the supply chain issues we're having. There are efforts to try to onshore, or at least local shore, more of the operations, so as to avoid these global supply chain breakdowns. What end users sometimes see is, "Oh, well, we have these different local standards for how we can deploy this cobot for this particular function." Now that we've gone through this, and see how difficult it is, there will be greater calls for standardization of robotics as well. We have organizations working together, such as the Robotics Industries Association, OSHA, ANSI, the ISO, in coming up with those guidelines and standards. You will also see more certification of integrators, who go between the manufacturer and the end user to deploy robotic solutions.

➤➤ What legal implications do you expect to see with accelerated adoption of AI and robotics? If it's organized labor, you're always going to have the issues around: Do we need to bargain with the union? There are other obvious issues like making sure there isn't a protected category of employees who is excluded. You're going to want to avoid a tendency to think if you weren't born in a digital, native generation, you're going to have a tougher time becoming a robot supervisor or working with this specific kind of technology. The educational opportunities and training opportunities are going to become really important. As we replace the mundane, repetitive tasks, we will need employees who have collaborative skills and who are capable of gaining different technical skills and are creative. Historically, we don't see that automation of jobs leads to loss of jobs. What we see is more efficiency and productivity that leads to different kinds of jobs. It's tough, because things are accelerated and everything is upside down right now. I think everyone realizes that, post-pandemic, things just won't be the same.