Bill > A09641

This bill prohibits employers from using "algorithmic wage-setting," which means using automated decision systems, like those powered by artificial intelligence or machine learning, to determine an individual employee's wages based on surveillance data, such as observations of their behavior or biometrics. While employers are generally forbidden from this practice, exceptions exist if they can prove that wages are based solely on data directly related to the employee's job tasks or differences in the cost of labor, and if they clearly explain to employees what data is used and how the automated system considers it. Employers using such systems must also establish procedures to ensure data accuracy, allow employees to correct or challenge data, and provide information about how wages are determined. The bill empowers the Attorney General to create rules and regulations for enforcement, and violations can result in civil penalties of up to $10,000 per violation, with employees also gaining the right to sue for damages, including three times the actual damages if bad faith conduct is proven.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A9641