Earlier this month, YouTube, the world's leading video-sharing platform, announced 100 employees were being laid off as part of a series of layoffs by its parent company, Alphabet Inc. This latest announcement has reignited the discussion about Artificial Intelligence (AI) causing a shift in the role of human labour at YouTube, and in the tech industry more broadly.

YouTube has been utilizing AI for some time to enhance user experience, recommend videos, and moderate content. The platform's algorithms have long played a crucial role in personalized video recommendations, increasing user engagement and optimizing content search. So what has changed?

While the latest round of layoffs may appear to be tied to the current economic factors, it is important to recognize the significant role that AI plays in the company's operations, and by extension, workforce.

In the early days of YouTube, AI was used for video recommendations and basic content moderation. Recent developments in AI technologies have enabled YouTube to expand automation into more intricate areas, including nuanced content analysis, sentiment detection and even aspects of video creation and editing. All of these are tasks would have been previously performed by humans.

In the area of content moderation, with millions of hours of content uploaded daily, it is clear to see why AI automation has become a popular practice at YouTube and like business dealing with heavy volumes of content. The technology industry, in general, is poised to be at the forefront of the impact stemming from AI adoption primarily due to the sector's reliance on cutting-edge technologies and constant innovation.

As AI continues to advance, the tech industry's embrace of AI is creating a transformative shift in workforce dynamics. Automation, driven by AI, enables faster and more accurate execution of certain functions, leading to workforce adjustments which may include terminations or significant changes to employees' roles.

The impact of AI on YouTube's recent layoffs also sheds light on the evolving nature of workplaces in the age of automation and highlights the importance of implementing agreements, practices and policies that allow tech companies to adapt their workforces efficiently and effectively, while minimizing risks to the business. For example, it is important for tech companies to have enforceable employment agreements and bonus plans in place which clearly set out performance bonus eligibility and criteria as well as termination entitlements. Many tech companies also offer stock options to employees as part of their compensation. Having stock options plans that detail how options are granted and treated, including on termination of employment, will provide employers and employees with clarity and certainty in the event of employee layoffs.

Here are some general considerations regarding performance bonuses and stock options:

Performance Bonuses:

    Some companies provide pro-rata or partial bonuses based on the portion of the performance period completed before the layoff and may be required to provide bonus payments through a notice period pursuant to employment laws. Employment contracts or bonus plans may also specify how bonuses are handled in the event of termination.

    Stock Options:

      Vesting: Unvested stock options may be forfeited on termination unless there are provisions in place that allow for accelerated vesting under certain circumstances.
    • Exercise Period: Employees often have a limited window to exercise vested options after termination.
    • Another common and important strategy is whether a stock repurchase plan plays a role in the company's strategic objectives. A stock repurchase plan that is automatically triggered upon the layoff of employees will impact the employee, the employer. and its shareholders. This impact depends on various factors including the company's financial position, communication strategy, compliance with legal and regulatory requirements. It is essential for companies to carefully evaluate the potential consequences and trade-offs before implementing such plans.

      Not every tech company will have a library of legal documents but it is important to ensure that relevant agreements, stock option plans, and company policies exist in order to provide clear expectations and legal protection for employees and employers alike in the event of workforce changes.

      The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Maryam Zargar
Miller Thomson LLP
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