WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(j) For purposes of this part, the following shall apply: (a) "ADS outputADS output"ADS output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.Lab. Code § 1520(a)" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS. (b) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Lab. Code § 1520(b)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (c) "Automated decision systemAutomated decision system"Automated decision system" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decisionmaking and materially impacts natural persons. An automated decision system does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.Lab. Code § 1520(c)" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Lab. Code § 1520(b) that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decisionmaking and materially impacts natural persons. An automated decision systemAutomated decision system"Automated decision system" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decisionmaking and materially impacts natural persons. An automated decision system does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.Lab. Code § 1520(c) does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data. (d) (1) "EmployerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d)" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i). This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. (2) "EmployerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d)" includes a labor contractor of a person defined as an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) under paragraph (1). (e) "Employment-related decision" means any decision by an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) that materially impacts a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i)'s wages, benefits, compensation, work hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks, skill requirements, work responsibilities, assignment of work, access to work and training opportunities, productivity requirements, or workplace health and safety. (f) "Federal governmentFederal government"Federal government" shall have the same meaning as set forth in Section 52008 of the Government Code.Lab. Code § 1520(f)" shall have the same meaning as set forth in Section 52008 of the Government Code. (g) "IndividualizedIndividualized"Individualized" means specific to an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometrics.Lab. Code § 1520(g)" means specific to an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometrics. (h) "Predictive behavior analysisPredictive behavior analysis"Predictive behavior analysis" means any system or toll that predicts, infers, or modifies a worker's behavior, beliefs, intentions, personality, emotional state, or other characteristic or behavior.Lab. Code § 1520(h)" means any system or toll that predicts, infers, or modifies a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i)'s behavior, beliefs, intentions, personality, emotional state, or other characteristic or behavior. (i) "WorkerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i)" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace. (j) "Worker dataWorker data"Worker data" means any information that identifies, relates to, or describes a worker, regardless of how the information is collected, inferred, or obtained.Lab. Code § 1520(j)" means any information that identifies, relates to, or describes a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i), regardless of how the information is collected, inferred, or obtained.
Section 1520 establishes the definitional framework for the bill. Key definitions include a broad definition of employer that covers all branches of state and local government (including charter cities), labor contractors, and any person exercising control over terms of employment. Worker is defined to include both employees and independent contractors. The automated decision system definition covers computational processes derived from ML, statistical modeling, data analytics, or AI that issue simplified outputs used to assist or replace human decisionmaking and materially impact natural persons, with carve-outs for spam filters, firewalls, antivirus software, IAM tools, calculators, databases, and datasets.
(a)(1)–(5) 1 An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) shall not use an ADS to do any of the following: (1) Prevent compliance with or violate any federal, state, or local labor, occupational health and safety, employment, or civil rights laws or regulations. (2) Infer a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i)'s protected status under Section 12940 of the Government Code. (3) Conduct predictive behavior analysisPredictive behavior analysis"Predictive behavior analysis" means any system or toll that predicts, infers, or modifies a worker's behavior, beliefs, intentions, personality, emotional state, or other characteristic or behavior.Lab. Code § 1520(h) on a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i). (4) Identify, profile, predict, or take adverse action against a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) for exercising their legal rights, including, but not limited to, rights guaranteed by state and federal employment and labor law. (5) Use or rely upon individualizedIndividualized"Individualized" means specific to an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometrics.Lab. Code § 1520(g) worker dataWorker data"Worker data" means any information that identifies, relates to, or describes a worker, regardless of how the information is collected, inferred, or obtained.Lab. Code § 1520(j) as inputs or outputs to inform compensation unless the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) can clearly demonstrate that any differences in compensation for substantially similar or comparable work assignments are based upon cost differentials in performing the task involved, or that the data was directly related to the tasks that the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) was hired to perform.
(b)(1)–(2) 2 An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) shall not rely solely on an ADS when making a disciplinary, termination, or deactivation decision. (2) If an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) uses an ADS outputADS output"ADS output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.Lab. Code § 1520(a) to assist in making a disciplinary, termination, or deactivation decision, the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) shall direct a human reviewer to conduct an independent investigation and compile corroborating or supporting information for the decision. For purposes of this paragraph, "other information" may include, but is not limited to, any of the following: (A) Supervisory or managerial evaluations. (B) Personnel files. (C) Work product of workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i). (D) Peer reviews. (E) Witness interviews, that may include relevant online customer reviews.
(c) 2 If an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) cannot corroborate the ADS outputADS output"ADS output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.Lab. Code § 1520(a), or the human reviewer has concluded that the ADS outputADS output"ADS output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.Lab. Code § 1520(a) is inaccurate, incomplete, or misleading, the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) shall not use the ADS outputADS output"ADS output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.Lab. Code § 1520(a) to discipline, terminate, or deactivate a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i).
(d) 3 An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) shall not use customer ratings as the only or primary input data used to assist the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) to make employment-related decisions.
(e) 4 A workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) shall have the right to request, and an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) shall provide, a copy of the most recent 12 months of the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i)'s own data primarily used by an ADS to make a disciplinary, termination, or deactivation decision. A workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) is limited to one request every 12 months for a copy of their own data used by an ADS to make a disciplinary, termination, or deactivation decision.
(f) 4 For purposes of safeguarding the privacy rights of consumers, workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i), and individuals, when an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) is required to provide worker dataWorker data"Worker data" means any information that identifies, relates to, or describes a worker, regardless of how the information is collected, inferred, or obtained.Lab. Code § 1520(j) pursuant to this part, that worker dataWorker data"Worker data" means any information that identifies, relates to, or describes a worker, regardless of how the information is collected, inferred, or obtained.Lab. Code § 1520(j) shall be provided in a manner that anonymizes the customer's, other workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i)'s, or individual's personal information.
Section 1522 is the bill's core substantive provision, imposing five categories of restrictions on employer use of automated decision systems. Subsection (a) categorically prohibits using ADS to violate labor laws, infer protected status, conduct predictive behavior analysis, profile workers for exercising legal rights, or use individualized worker data to inform compensation absent a demonstrated cost-differential or task-relevance justification.
Subsection (b) requires meaningful human review before any ADS-assisted discipline, termination, or deactivation decision — the employer may not rely solely on ADS output and must direct a human reviewer to independently investigate and compile corroborating evidence. Subsection (c) bars use of uncorroborated or inaccurate ADS output. Subsection (d) prohibits using customer ratings as the only or primary input for employment-related decisions.
Subsections (e) and (f) grant workers a right to request copies of their own data used by ADS in adverse decisions, limited to once per 12 months, with privacy protections requiring anonymization of third-party personal information.
(a)(1)–(3), (b)(1)–(4) 5 An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) that uses an ADS to assist in making a disciplinary, termination, or deactivation decision shall provide the affected workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) with a written postuse notice at the time the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) informs the worker of the decision. The notice shall comply with all of the following: (1) It shall be written in plain language as a separate, stand-alone communication. (2) It shall be in the language in which routine communications and other information are provided to workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i). (3) It shall be provided via a simple and easy-to-use method, including an email, hyperlink, or other written format. (b) The post-use notice shall contain all of the following information: (1) That the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) used an ADS to assist the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) in the disciplinary, termination, or deactivation decision with respect to the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i). (2) That a human reviewer conducted an independent investigation and compiled evidence to corroborate the ADS outputADS output"ADS output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.Lab. Code § 1520(a). (3) Contact information for the human that the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) may contact for more information about the decision and the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i)'s right to access a copy of their own data and corroborating evidence that was used in the decision. (4) That the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) is prohibited from retaliating against the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) for exercising their rights under this part.
(c)(1)–(5) 6 When responding to a data access request pursuant to this section, an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) shall provide to the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) a written, plain language document using a simple and easy-to-use method that is accessible away from the workplace containing all of the following: (1) The specific decision for which the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) used the ADS. (2) The specific workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) input data that the ADS used, and the specific workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) output produced by the ADS. (3) Any additional corroborating or supporting information used in addition to the ADS outputADS output"ADS output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.Lab. Code § 1520(a) in making the decision. (4) The name of the vender or entity that created the ADS and the product name of the ADS. (5) A copy of any completed impact assessments regarding the ADS in question.
Section 1524 requires employers to provide a detailed written postuse notice to any worker subject to an ADS-assisted disciplinary, termination, or deactivation decision. The notice must be delivered at the time the worker is informed of the decision and must be a stand-alone, plain-language communication in the worker's routine language.
The required notice content includes: that ADS was used, that a human reviewer conducted an independent investigation, contact information for a human the worker can reach for more information and to exercise data-access rights, and a statement that retaliation is prohibited. When a worker exercises the data-access right, the employer must provide further detail: the specific decision, the specific input data and output, corroborating information, the ADS vendor and product name, and copies of any completed impact assessments regarding the ADS.
7 An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) for using or attempting to use their rights under this part, filing a complaint with the Labor Commissioner, alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or any action taken by the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) to invoke or assist in any manner the enforcement of this part, or for exercising or attempting to exercise any right protected under this part.
Section 1526 prohibits employers from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against workers for exercising rights under the bill. Protected activity includes using or attempting to use rights under the bill, filing a complaint with the Labor Commissioner, alleging a violation, cooperating in an investigation, or assisting in enforcement. This is a standalone anti-retaliation provision that protects the exercise of all substantive rights created elsewhere in the bill.
(a)–(e) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) who violates this part and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set forth in Section 98.74 or 1197.1, as applicable. (b) Alternatively to subdivision (a), any workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i), or their exclusive representative, who has suffered a violation of this part may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages. (c) This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1. (d) In any civil action brought pursuant to paragraph (a) or (b) in superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorney's fees and costs as part of the costs of any such action for damages. (e) An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) who violates this part shall be subject to a civil penalty of five hundred dollars ($500).
Section 1526.1 establishes a three-track enforcement framework: (1) Labor Commissioner enforcement through existing investigation, citation, and civil action procedures; (2) a private right of action for any worker or their exclusive representative who has suffered a violation, with punitive damages, injunctive relief, and attorney's fees available; and (3) public prosecutor enforcement. A $500 civil penalty applies to employers who violate any provision of the bill.
This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Lab. Code § 1520(i) who are covered by this part.
Section 1526.2 is a savings clause preserving the validity of local ordinances that provide equal or greater worker protections regarding ADS. The bill does not preempt local law that meets or exceeds its protections.
Except as set forth in Section 1526.4, an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) who complies with the requirements related to notice under this part is not required to comply with any substantially similar notice provisions related to automated decision systemsAutomated decision system"Automated decision system" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decisionmaking and materially impacts natural persons. An automated decision system does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.Lab. Code § 1520(c) used for employment-related decisions required under any other state law.
Section 1526.3 creates a safe harbor: an employer that complies with the bill's notice requirements is not required to comply with substantially similar ADS notice provisions under other state law. This reduces duplicative compliance burdens, subject to the CCPA carve-out in Section 1526.4.
Notwithstanding Section 1526.3, an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) that is a business subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code) is subject to any privacy-related automated decisionmaking technology regulation duly adopted by the California Privacy Protection Agency pursuant to Section 1798.185 and subdivision (b) of Section 1798.199.40 of the Civil Code.
Section 1526.4 preserves the California Consumer Privacy Act's authority. Employers subject to CCPA remain subject to any privacy-related automated decisionmaking technology regulation adopted by the California Privacy Protection Agency, notwithstanding the safe harbor in Section 1526.3. This ensures CPPA rulemaking on automated decisionmaking is not displaced.
The provisions of this part shall not apply to parties covered by a collective bargaining agreement if the agreement explicitly waives this part in clear and unambiguous terms, expressly provides for the wages or earning, working conditions, and other terms and conditions of work, and provides protection from algorithmic management.
Section 1526.5 exempts parties covered by a collective bargaining agreement that explicitly waives the bill in clear and unambiguous terms, provided the agreement covers wages, working conditions, and other terms and provides protection from algorithmic management.
This part does not prohibit any employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, including all cities, counties, charter counties, municipalities, charter municipalities, cities and counties, special districts, transit districts, the University of California upon agreement by the regents, the California State University, community college districts, school districts, or any other governmental entity. "Employer" includes a labor contractor of a person defined as an employer under paragraph (1).Lab. Code § 1520(d) from complying with regulatory or contractual requirements in the provision of products or services to the federal governmentFederal government"Federal government" shall have the same meaning as set forth in Section 52008 of the Government Code.Lab. Code § 1520(f).
Section 1526.6 provides that the bill does not prohibit employers from complying with regulatory or contractual requirements related to providing products or services to the federal government.
The Legislature finds and declares that this act addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Part 5.5.5 (commencing with Section 1520) to Division 2 of the Labor Code applies to all cities, including charter cities.
Section 2 declares that the bill addresses a matter of statewide concern rather than a municipal affair, ensuring it applies to all cities including charter cities under Article XI, Section 5 of the California Constitution.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Section 3 is a standard severability clause providing that if any provision or application of the bill is held invalid, the invalidity does not affect other provisions or applications that can be given effect independently.