Bill > A10251

This bill, an amendment to the labor law, aims to regulate the use of automated decision systems (ADS) in employment by requiring employers to provide transparency and establish certain protections for workers. An ADS is defined as a computational process using technologies like machine learning or artificial intelligence that issues simplified outputs, such as scores or recommendations, to assist or replace human decision-making in ways that materially affect individuals, excluding common tools like spam filters or calculators. The bill mandates that employers must provide written notice to workers at least 30 days before an ADS is used for employment-related decisions (excluding hiring), or by January 1, 2027, if an ADS is already in use, and to new hires within 30 days of employment. This notice must be in plain language, in the worker's usual communication language, and detail the types of decisions affected, the data used, key parameters, contact information for the ADS creators, any quotas set by the ADS, and the worker's right to access and correct their data without fear of retaliation. For hiring decisions, employers must notify job applicants if an ADS will be used. The bill also prohibits employers from using ADS to violate labor laws, infer protected status, retaliate against workers for exercising their rights, or collect undisclosed data. Furthermore, employers cannot solely rely on an ADS for discipline, termination, or deactivation decisions, and must involve a human reviewer and consider other relevant information if an ADS is primarily used for such decisions. Workers have the right to request their data used by an ADS for these decisions once every twelve months. The bill also establishes enforcement mechanisms, including civil penalties of $500 per violation, and clarifies that it does not preempt local ordinances offering greater protection or apply to collective bargaining agreements that explicitly waive its provisions while providing protections from algorithmic management.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A10251