Bill > S2499

This bill establishes a comprehensive legal framework for the use of artificial intelligence (AI) in the workplace, aiming to balance the interests of both employers and employees. It introduces new definitions for terms like "Authorized representative" (someone appointed by a worker to represent them, excluding their employer), "Automated decision system (ADS)" (a computational process that uses AI or similar methods to assist or replace human decisions impacting people), and "Employee information" (any data related to an employee, including personal details, health information, work performance, and data from AI systems). The bill prohibits employers from using "electronic monitoring tools" (systems that collect data on worker activities or communications without direct observation) unless for specific legitimate purposes like facilitating job functions, ensuring quality, assessing performance, complying with laws, or protecting safety, and requires narrow tailoring of these tools to be the least invasive means necessary. Employers must provide written notice to employees about the use of these tools, including what data is collected, how it's used, and how it's secured and disposed of. The bill also outlines restrictions on what data can be collected, such as prohibiting monitoring of private areas, personal vehicles, or health information, and bans the use of facial recognition, gait, voice, or emotion recognition technology. Furthermore, it mandates "meaningful human oversight" for employment decisions based on AI-generated data, requiring human review, verification of accuracy, and consideration of other information beyond what the AI collected. Employers must also conduct an "impact assessment" (an evaluation by an independent auditor) of their AI systems and disclose the findings to affected workers. Finally, the bill protects employees from retaliation if they refuse to follow AI outputs that they reasonably believe could cause harm or violate laws, and provides for civil claims against employers for adverse actions taken due to prohibited conduct related to this chapter.

Labor and Employment

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