Regulon — MN-HF-4445 · MN HF 4445 (Employment Automated Decision Systems)

WHAT THIS BILL REGULATES · 5 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority

The commissioner of labor and industry enforces the act, including investigating violations, ordering temporary relief, issuing citations, and filing civil actions. The attorney general may also bring civil actions under Minn. Stat. § 8.31. A worker aggrieved by a violation, or the worker's exclusive representative, may bring a civil action in district court. Employers, labor contractors, and vendors are jointly and severally liable.

Private Right of Action

may bring a civil action in district court.

Penalties

Violations of §§ 181.9922 (pre-use notice) or 181.9925 (post-use notice) carry a $1,000 civil penalty per violation, with each day a worker is affected constituting a separate violation. Violations of §§ 181.9923 (records), 181.9924 (employer requirements), or 181.9926 (right to appeal) carry a $2,500 civil penalty per violation, with each day a worker is affected a separate violation; for § 181.9924, each use of an automated decision system constitutes a separate violation. In a civil action, the employer may be liable for all damages recoverable at law, including punitive damages, injunctive and equitable relief, and reasonable attorney fees and costs.

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.

Statutory Text

Analysis & Obligations

Minn. Stat. § 181.9921

Definitions

(a)–(m) For the purposes of sections 181.9921 to 181.9927, the following terms have the meanings given. (b) "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. (c) "Authorized representative" means any person or organization appointed by the worker to serve as an agent of the worker. Authorized representative does not include a worker's employer. (d) "Automated decision system" 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 decision making and materially impacts natural persons. An automated decision system does not include a spam email filter, a firewall, antivirus software, identity and access management tools, a calculator, a database, a dataset, or another compilation of data. (e) "Automated decision system output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an automated decision system. (f) "Electronic monitoring tool" means any system, application, or instrument that facilitates the collection of data concerning worker activities, communications, actions, biometrics, or behaviors by means other than direct observation by a person, including but not limited to video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, or photoelectronic tracking, or that utilizes a photo-optical system or similar means. (g) "Employer" means any person who directly or indirectly, or through an agent, vendor, 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. Employer includes all units of state and local government but does not include the federal government. Employer includes a labor contractor or vendor of a person defined as an employer under this paragraph. (h) "Employment-related decision" means any decision by an employer that impacts wages, wage setting, benefits, compensation, work hours, work schedule, performance evaluation, hiring, recruitment, discipline, promotion, termination, job tasks, skill requirements, work responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, and any other terms or conditions of employment. For persons classified as independent contractors or for candidates for employment, an employment-related decision means the equivalent of these decisions based on the person's contract with or relationship to the employer. (i) "Essential job functions" means the fundamental duties of a position, as revealed by objective evidence such as the amount of time workers spend performing each function, the consequences of not requiring individuals to perform the function, the terms of any applicable collective bargaining agreement, workers' past and present work experiences and performance in the position, and the employer's reasonable, nondiscriminatory judgment of which functions are essential. Past and current written job descriptions and the employer's reasonable, nondiscriminatory judgment of which functions are essential is evidence of which functions are essential for achieving the purpose of the job, but must not be the sole basis for this determination absent the objective evidence described in this paragraph. (j) "Individualized" means specific to an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometrics. (k) "Vendor" means a third party, subcontractor, or entity engaged by an employer or an employer's labor contractor to provide software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information. (l) "Worker" means any natural person who is a job applicant to, an employee of, or an independent contractor providing service to or through an employer. (m) "Worker data" means any information that identifies, relates to, describes, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a worker, regardless of how the information is collected, inferred, or obtained. Worker data includes but is not limited to: (1) personal identity information, including the worker's name, contact information, government-issued identification numbers, financial information, criminal record, or employment history; (2) biometric information, including data generated by automatic measurements of a worker's biological characteristics, such as a fingerprint, a faceprint, a voiceprint, eye retinas, irises, or gait, or other unique biological patterns or characteristics that can be used, individually or in combination with other data, to identify or collect information about an individual; (3) health, medical, lifestyle, and wellness information, including the worker's medical history, physical or mental condition, diet or physical activity patterns, heart rate, medical treatment or diagnosis by a health care professional, health insurance policy number, subscriber identification number, or other unique identifier used to identify the worker; and (4) any data related to workplace activities.

Section 181.9921 establishes the definitional framework for the bill. Key terms include an unusually broad definition of automated decision system covering any computational process derived from ML, statistical modeling, data analytics, or AI that produces simplified output used to assist or replace human discretionary decisions. The definition of employer includes state and local government and extends to labor contractors and vendors. Worker encompasses job applicants, employees, and independent contractors. Worker data is expansively defined to include biometric, health, productivity, communications, sensor, and ADS input/output data.

Minn. Stat. § 181.9922

Pre-Use Notice

Deployer

Subd. 1(a)–(d) 1 Subdivision 1. Pre-use notice; provision. (a) An employer must provide a written notice that an automated decision system is in use at the workplace for the purpose of making employment-related decisions, to a worker who will be directly or indirectly affected by the automated decision system, or the worker's authorized representative, and to any union representing workers who could be directly or indirectly affected by the automated decision system. (b) The notice in paragraph (a) must be provided: (1) if the automated decision system is introduced after the effective date of this section, at least 30 days before the introduction of the automated decision system; (2) if the employer is using an existing automated decision system as of the effective date of this section, no later than September 1, 2026; (3) prominently to a job applicant or new worker, before the employer collects the applicant's or worker's personal information that the employer plans to process using the automated decision system; (4) at least 30 days before implementing any significant change to the automated decision system or how the employer is using the automated decision system; and (5) to a union representing workers who will be subject to the automated decision system, on a timeline that provides a meaningful opportunity to bargain over the use, scope, and impact of the automated decision system prior to deployment or modification of the tool. (c) Every time an employer provides a notice under paragraph (a), a copy of that notice must be submitted to the commissioner of labor and industry within ten days of the date the notice was provided to the worker. Copies of notices under paragraph (a) must also be made available to authorized representatives upon request. (d) Notices under paragraph (a) must be: (1) written in plain language as a separate and standalone communication; (2) in the language in which routine communications and other information are provided to workers; and (3) provided using a simple and easy-to-use method, including an email, hyperlink, or other written format.

Subd. 1(e) 2 A job applicant or worker must receive the notice required under this section and respond with affirmative written consent before the worker or applicant is subject to an automated decision system.

Subd. 1(f) 3 If reasonable alternatives to the use of the automated decision system exist, the worker must be allowed to opt out of being subject to the automated decision system.

Subd. 2 1 Subd. 2. Pre-use notice; contents. The notice required under subdivision 1, paragraph (a), must contain the following information: (1) a plain-language explanation of the nature, purpose, and scope of the decisions for which the automated decision system will be used, including the specific employment-related decisions potentially affected; (2) the specific category and sources of worker data the automated decision system will use or collect, and how that data was or will be collected; (3) the logic used in the automated decision system, including the key parameters that affect the output of the automated decision system, and the type of outputs the automated decision system will produce; (4) the individuals, vendors, and entities that created the automated decision system and the individuals, vendors, and entities that will run, manage, and interpret the results of the automated decision system output; (5) the job qualifications and characteristics that the automated decision system assesses, what worker data or attributes the system uses to conduct that assessment, and what kind of outputs the system produces as an evaluation of the worker; (6) the results of any impact assessments of the automated decision system, whether performed by the employer or the automated decision system vendor, and how to access that information; (7) an up-to-date list of all automated decision systems the employer is currently using; and (8) a description of the worker's rights under sections 181.9922 to 181.9927.

Section 181.9922 imposes detailed pre-use notification requirements on employers before deploying an automated decision system for employment-related decisions. The notice must be provided to affected workers, their authorized representatives, and any union — with specific timing requirements depending on whether the ADS is new, existing, or involves a significant change. Notices must also be submitted to the commissioner of labor and industry within ten days.

The section further requires affirmative written consent from workers before they are subject to an ADS, and mandates an opt-out right where reasonable alternatives to the ADS exist. The notice content requirements are unusually granular, requiring disclosure of system logic, key parameters, data sources, vendor identity, impact assessment results, and a complete inventory of all ADS the employer currently uses.

Compliance actions 3 items

Employers must provide a written pre-use notice to every worker (or their authorized representative) and any representing union before deploying an automated decision system for employment-related decisions. The notice must be provided: (1) at least 30 days before introducing a new ADS; (2) no later than September 1, 2026 for existing ADS; (3) prominently to job applicants or new workers before collecting personal information for ADS processing; (4) at least 30 days before any significant change; and (5) to unions on a timeline allowing meaningful bargaining. The notice must be a standalone plain-language communication in the worker's routine language and must include: the nature, purpose, and scope of the ADS; the specific data categories and sources; the system logic and key parameters; the identity of the ADS creator and operators; the job qualifications assessed and evaluation outputs; results of any impact assessments; a list of all ADS the employer currently uses; and a description of worker rights. A copy of every notice must be submitted to the commissioner of labor and industry within ten days.

H-01.1

Employers must obtain affirmative written consent from each job applicant or worker before subjecting them to an automated decision system. The worker must first receive the pre-use notice required under § 181.9922 before providing consent.

D-01.1

Employers must allow workers to opt out of being subject to an automated decision system whenever reasonable alternatives to the ADS exist.

D-01.3

Minn. Stat. § 181.9923

Records

Deployer

Subd. 1(a)–(c) 4 Subdivision 1. Data records. (a) Employers must maintain records of worker data collected, used, or produced by an automated decision system and any input or output data used or produced by the automated decision system or used as corroborating evidence by a human reviewer for 36 months after the data's most recent collection, production, or use to ensure compliance with requests for data from workers or the commissioner of labor and industry. (b) Employers must destroy any worker data collected, used, or produced by an automated decision system and any input or output data used or produced by the automated decision system or used as corroborating evidence by a human reviewer no later than 37 months after its most recent collection, production, or use, unless the worker has provided written and informed consent to the retention of the worker's data by the employer. (c) Employers must protect the confidentiality, integrity, and accessibility of worker data using data security practices consistent with data and cyber privacy laws and appropriate to the volume and nature of the worker data collected.

Subd. 2(a)–(b) 5 Subd. 2. Record requests. (a) A worker has the right to request a copy of: (1) any of the worker's data collected, used, or produced by an automated decision system; (2) any input or output data used or produced by the automated decision system; and (3) corroborating evidence used by a human reviewer. (b) The employer must provide copies of the data requested within seven days of receiving a worker's request.

Subd. 3(a)–(d) 6 Subd. 3. Record corrections. (a) A worker has the right to request corrections to: (1) any worker data collected, used, or produced by an automated decision system; (2) any input or output data used or produced by the automated decision system; and (3) any corroborating evidence used by a human reviewer. (b) An employer that receives a request to correct any of the information listed in paragraph (a) must investigate and determine whether the disputed data is inaccurate. (c) If an employer determines that the disputed data is inaccurate, the employer must: (1) promptly correct the disputed data and inform the worker of the employer's decision and action; (2) review and adjust any employment-related decisions that were partially or solely based on the inaccurate data and inform the worker of the adjustment; and (3) inform any third parties with which the employer shared the inaccurate data, or from which the employer received the inaccurate data, of the error and direct those third parties to correct the data. (d) If an employer, upon investigation, determines that the disputed data is accurate, the employer must inform the worker of: (1) the decision not to amend the disputed data; (2) the steps taken to verify the accuracy of the data; and (3) the evidence supporting the decision not to amend the disputed data.

Section 181.9923 establishes data retention, destruction, security, access, and correction obligations for worker data collected or produced by automated decision systems. Employers must retain ADS-related data for 36 months and destroy it no later than 37 months unless the worker consents to longer retention. Workers have a right to request copies of their data within seven days and to request corrections to inaccurate data, triggering investigation, correction, decision-adjustment, and third-party notification obligations on the employer.

Compliance actions 3 items

Employers must maintain records of all worker data collected, used, or produced by an automated decision system — including all ADS input/output data and human reviewer corroborating evidence — for 36 months after the data's most recent collection, production, or use. Employers must destroy this data no later than 37 months after most recent collection, production, or use, unless the worker provides written and informed consent to longer retention. Employers must protect the confidentiality, integrity, and accessibility of worker data using data security practices consistent with applicable privacy and cybersecurity laws and appropriate to the volume and nature of the data.

G-01.3

Employers must, within seven days of a worker's request, provide copies of: (1) any of the worker's data collected, used, or produced by an ADS; (2) any input or output data used or produced by the ADS; and (3) any corroborating evidence used by a human reviewer.

D-01.1

Employers must honor worker requests to correct inaccurate data collected, used, or produced by an ADS. Upon receiving a correction request, the employer must investigate the dispute and, if the data is inaccurate: (1) promptly correct the data and inform the worker; (2) review and adjust any employment-related decisions partially or solely based on the inaccurate data and inform the worker; and (3) notify any third parties that shared or supplied the inaccurate data and direct them to correct it. If the employer determines the data is accurate, it must inform the worker of: the decision not to amend, the verification steps taken, and the supporting evidence.

D-01.2

Minn. Stat. § 181.9924

Employer Requirements

Deployer

Subd. 1(a) 7 Subdivision 1. Prohibitions. (a) An employer is prohibited from using an automated decision system to: (1) prevent compliance with or cause a violation of any federal, state, or local law or regulation; (2) obtain or infer a worker's immigration status; veteran status; ancestral history; religious or political beliefs; health or reproductive status, history, or plan; emotional or psychological state; neural data; sexual or gender orientation; disability; criminal record; or credit history; (3) make predictions or inferences about a worker's behavior, beliefs, intentions, personality, emotional state, health, or other characteristics or behaviors that are unrelated to the worker's essential job functions; (4) identify, predict, or take adverse action against a worker for exercising the worker's legal rights; (5) draw on facial, gait, or emotion recognition technologies; or (6) collect data for a purpose that was not disclosed in the notice required by section 181.9922.

Subd. 1(b) 8 An employer must not use an automated decision system that uses individualized worker data as inputs or outputs to set compensation, unless the employer can demonstrate that: (1) the input data is directly related to the ability of the worker to complete the task, such as education, training, experience, or seniority; (2) the inputs used are clearly communicated to the worker such that the worker knows their compensation is a function of the identified attributes; and (3) the employer uses the automated decision system either: (i) not more than once per six-month period per worker; or (ii) only in conjunction with a meaningful change in work duties, such as hiring or promotion.

Subd. 1(c) 9 An employer must not retaliate against a worker in any way for refusing to follow the output of an automated decision system when the worker has a reasonable, good-faith belief that doing so would cause harm or discrimination or otherwise violate a law or regulation.

Subd. 1(d) 10 An employer must not take any adverse action against a worker based on data from a continuous time-tracking tool, except in cases of egregious misconduct.

Subd. 2(a)–(d) 11 Subd. 2. Employment-related decisions. (a) An employer must not rely solely on an automated decision system when making an employment-related decision. (b) When an employer relies in part on an automated decision system in making an employment-related decision, the employer must: (1) ensure the accuracy of the automated decision system output; and (2) use a designated internal reviewer to conduct an investigation and compile corroborating information for the decision. This information may include but is not limited to supervisory or managerial evaluations, personnel files, employee work products, or peer reviews. (c) The designated internal reviewer must: (1) have sufficient authority, discretion, resources, and time to corroborate the automated decision system output; (2) have sufficient expertise in the operation of similar systems and a sufficient understanding of the automated decision system in question to interpret the outputs and results of relevant impact assessments; (3) have sufficient education, training, or experience to allow the reviewer to make a well-informed decision, including education about the limitations and biases of automated decision systems and training on workers' rights under sections 181.9922 to 181.9927; and (4) be protected from retaliation for exercising the reviewer's responsibilities. (d) When an employer cannot corroborate the automated decision system output, or the human reviewer has concluded that the automated decision system output is inaccurate, incomplete, or misleading, the employer must not rely on the automated decision system to make the employment-related decision.

Section 181.9924 is the bill's substantive conduct section, divided into two subdivisions. Subdivision 1 imposes categorical prohibitions on employer use of ADS — including banning the use of ADS to infer sensitive personal attributes (immigration status, health, religion, neural data, etc.), deploy facial/gait/emotion recognition, make predictions unrelated to essential job functions, retaliate against workers exercising legal rights, or collect data beyond what was disclosed. It also restricts the use of individualized worker data for compensation-setting to narrowly defined circumstances. Subdivision 2 establishes the core human oversight requirement: employers may never rely solely on ADS output for employment decisions and must use a qualified designated internal reviewer to corroborate ADS outputs, with detailed competency and anti-retaliation requirements for that reviewer.

Compliance actions 5 items

Employers must not use an automated decision system to: (1) prevent compliance with or cause a violation of any law; (2) obtain or infer a worker's immigration status, veteran status, ancestral history, religious or political beliefs, health or reproductive status/history/plan, emotional or psychological state, neural data, sexual or gender orientation, disability, criminal record, or credit history; (3) make predictions or inferences about a worker's behavior, beliefs, intentions, personality, emotional state, health, or other characteristics unrelated to the worker's essential job functions; (4) identify, predict, or take adverse action against a worker for exercising legal rights; (5) use facial, gait, or emotion recognition technologies; or (6) collect data beyond what was disclosed in the pre-use notice.

S-02

Employers must not use an automated decision system that uses individualized worker data to set compensation unless the employer can demonstrate that: (1) the input data is directly related to the worker's ability to complete the task (e.g., education, training, experience, seniority); (2) the inputs are clearly communicated to the worker so the worker knows compensation is a function of those attributes; and (3) the ADS is used either no more than once per six-month period per worker, or only in conjunction with a meaningful change in work duties such as hiring or promotion.

D-01.5

Employers must not retaliate against a worker for refusing to follow the output of an automated decision system when the worker has a reasonable, good-faith belief that following the output would cause harm or discrimination or would violate a law or regulation.

G-03.3

Employers must not take any adverse action against a worker based on data from a continuous time-tracking tool, except in cases of egregious misconduct.

S-02

Employers must never rely solely on an automated decision system when making an employment-related decision. When relying in part on an ADS, the employer must: (1) ensure the accuracy of the ADS output; and (2) assign a designated internal reviewer to investigate and compile corroborating information. The reviewer must have sufficient authority, discretion, resources, and time to corroborate ADS output; expertise in similar systems sufficient to interpret outputs and impact assessment results; training on ADS limitations, biases, and worker rights; and protection from retaliation. If the employer cannot corroborate the ADS output or the reviewer concludes it is inaccurate, incomplete, or misleading, the employer must not rely on the ADS for the employment-related decision.

H-01.6

Minn. Stat. § 181.9925

Post-Use Notice and Right to Access

Deployer

Subd. 1(a)–(d) 12 Subdivision 1. Notice. (a) An employer that has used an automated decision system to make an employment-related decision must provide the affected worker with a written notice: (1) at the time the employer informs the worker of the decision, or no later than 15 business days from the date of the decision, whichever is earlier; or (2) if the decision results in the discipline or termination of the worker, at least 30 days before the discipline or termination takes effect. (b) The employer must provide a notice under paragraph (a) that is: (1) written in plain language as a separate and standalone communication; (2) in the language in which routine communications and other information are provided to workers; and (3) provided using a simple and easy-to-use method, including an email, hyperlink, or other written format. (c) A notice under paragraph (a) must contain the following information: (1) an acknowledgment that the employer used an automated decision system to make one or more employment-related decisions with respect to the worker; (2) a description of the worker's rights under sections 181.9922 to 181.9927; (3) a form or a hyperlink to an electronic form for the worker to file an appeal or request detailed information about the data and automated decision system used in the decision; and (4) that the employer is prohibited from retaliating against the worker for exercising the worker's rights under this section. (d) If an employer uses the same automated decision system in the same way multiple times a quarter, an employer must provide each affected employee: (1) the full notice required by this section for the first use of the automated decision system each quarter; and (2) a second notice at the end of the quarter that provides: (i) the number of times the employer or operator used the automated decision system that quarter; (ii) the dates the employer or operator used the automated decision system that quarter; and (iii) a description of the worker's rights under sections 181.9922 to 181.9927, including the right to access information about each decision.

Subd. 2(a)–(c) 13 Subd. 2. Right to access. (a) When responding to a worker's access request, an employer must provide the following information to the worker: (1) a plain-language explanation of the specific decision for which the employer used the automated decision system; (2) in a simple and easy-to-use format, the specific worker data that the automated decision system used and all specific worker outputs produced by the automated decision system; (3) how the employer used the automated decision system output with respect to the worker, including: (i) the rationale for the decision, including the specific roles the output and human involvement played in the business's decision; (ii) any additional corroborating information or judgments the employer used in addition to the automated decision system output in making the decision; (iii) how the logic of the automated decision system, including its assumptions and limitations, was applied to the worker; (iv) the key parameters or performance metrics that affected the output of the automated decision system with respect to the worker and how those parameters applied to the worker; and (v) the range of possible outputs and aggregate output statistics, to help a worker understand how they compare to other workers; (4) the name of the entity that created the automated decision system and the product name of the automated decision system; and (5) a copy of any completed impact assessments of the automated decision system. (b) An employer must respond to an access request no later than 14 calendar days from the date the employer received the request. (c) A service provider, contractor, or vendor must provide full assistance to the employer in responding to a worker request for access, including any of that worker's input or output data in the service provider, contractor, or vender's possession and any relevant information about the automated decision system.

Section 181.9925 requires employers to provide affected workers with post-decision written notice after using an ADS for an employment-related decision, and grants workers a right to access detailed information about how the ADS was used in their specific case. The notice timing varies: generally at the time the worker is informed of the decision or within 15 business days, but at least 30 days before any discipline or termination takes effect. For repeated ADS use, a full notice is required for the first use each quarter, with a summary notice at the end of the quarter. The right-to-access provisions require employers to provide detailed individualized information within 14 days, including the ADS logic, key parameters, data inputs and outputs, rationale, corroborating evidence, comparison statistics, vendor identity, and completed impact assessments.

Compliance actions 2 items

Employers must provide a post-decision written notice to every worker affected by an ADS-informed employment decision. The notice must be provided: (1) at the time the worker is informed of the decision, or no later than 15 business days after the decision, whichever is earlier; or (2) for discipline or termination, at least 30 days before it takes effect. The notice must acknowledge that an ADS was used, describe worker rights, include a form or link to appeal or request detailed information, and state that retaliation is prohibited. For repeated same-use ADS within a quarter, a full notice is required for the first use each quarter and a summary notice at quarter-end covering the number and dates of uses and worker rights.

H-01.1

Employers must respond to a worker's access request within 14 calendar days and provide: (1) a plain-language explanation of the specific decision; (2) the specific worker data used by the ADS and all worker-specific outputs; (3) how the ADS output was used, including the rationale, the roles of ADS output and human involvement, corroborating information, the ADS logic and assumptions as applied to the worker, the key parameters and how they applied, and the range of possible outputs with aggregate statistics for comparison; (4) the name of the ADS creator and the product name; and (5) a copy of any completed impact assessments. Service providers, contractors, and vendors must provide full assistance to the employer in fulfilling access requests, including providing worker input/output data and relevant ADS information in their possession.

H-01.1

Minn. Stat. § 181.9926

Right to Appeal

Deployer

(a)–(f) 14 An employer that uses an automated decision system to make an employment-related decision must provide the affected worker with a form or a hyperlink to an electronic form to appeal the decision. (b) The appeal form provided to an affected worker must include: (1) the option to request access to the data used as input to or as output from the automated decision system; (2) the option to request access to any corroborating or supporting evidence provided by a human reviewer to verify output from the automated decision system; (3) space for the worker's reason for an appeal and any evidence the worker has to support the appeal; and (4) information on how the worker can designate an authorized representative who can also access the data. (c) A worker appealing the employment-related decision must submit their appeal form within 30 days of receiving the notification under section 181.9925. (d) Within five business days of receiving an appeal form, an employer must respond to the worker submitting the form. To respond to an appeal, the employer must designate a human reviewer who: (1) must objectively evaluate all evidence; (2) has sufficient authority, discretion, and resources to evaluate the decision, including education about the limitations and biases of automated decision systems and training on workers' rights under sections 181.9922 to 181.9927; (3) has the authority to overturn the employer's decision; and (4) was not involved in making the decision the worker is appealing. (e) After reviewing the evidence, the human reviewer must produce a clear, written document describing the result of the appeal and the reasons for that result. This document must be provided to both the employer and the worker. (f) If the human reviewer determines that the employment-related decision should be overturned, the employer must rectify the decision within five business days of receiving the decision.

Section 181.9926 creates a formal right for workers to appeal employment-related decisions made using an automated decision system. The appeal process requires a specific form with data-access options and authorized-representative designation, a 30-day filing window, employer response within five business days using a human reviewer who was not involved in the original decision and who has authority to overturn it, a written decision document, and a five-business-day rectification period if the decision is overturned. The appeal reviewer requirements mirror but extend the designated-reviewer requirements in § 181.9924.

Compliance actions 1 item

Employers must provide each worker affected by an ADS-informed employment decision with a form or link to appeal the decision. The appeal form must include options to request ADS input/output data and human reviewer corroborating evidence, space for the worker's reasons and supporting evidence, and information on designating an authorized representative. Workers must file appeals within 30 days of post-use notification. Employers must respond within five business days by assigning a human reviewer who: objectively evaluates all evidence, has authority and training to evaluate the decision (including ADS limitations and worker rights), has authority to overturn the decision, and was not involved in the original decision. The reviewer must produce a written document explaining the appeal result and reasoning, provided to both the employer and worker. If the decision is overturned, the employer must rectify it within five business days.

H-01.4

Minn. Stat. § 181.9927

Enforcement

Deployer

Subd. 1 15 Subdivision 1. Retaliation. An employer must not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any worker for using or attempting to use the worker's rights under this section and sections 181.9922 to 181.9926, including but not limited to filing a complaint with the commissioner of labor and industry, alleging a violation, cooperating in an investigation or prosecution of an alleged violation, taking any action to invoke or assist in enforcing these rights, or exercising or attempting to exercise any of these rights.

Subd. 2(a)–(c) Subd. 2. Enforcement. (a) The commissioner of labor and industry must enforce this section and sections 181.9922 to 181.9926, including investigating alleged violations, ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing, issuing citations against employers, and filing civil actions. (b) An employer who violates this section or sections 181.9922 to 181.9926 may be liable to the plaintiff in a civil action for any and all damages recoverable at law, including punitive damages, such injunctive and other equitable relief as determined by the court, together with costs and disbursements, including reasonable attorney fees. (c) A civil action under this section may be brought in a district court of competent jurisdiction by: (1) the commissioner of labor and industry; (2) the attorney general under section 8.31; or (3) a worker aggrieved by the violation, or the worker's exclusive representative.

Subd. 3(a)–(b) Subd. 3. Civil penalties. (a) An employer who violates section 181.9922 or 181.9925 is subject to a civil penalty of $1,000 per violation and each day a worker is affected constitutes a separate violation. (b) An employer who violates section 181.9923, 181.9924, or 181.9926 is subject to a civil penalty of $2,500 per violation. Each day a worker is affected constitutes a separate violation. Under section 181.9924, each use of an automated decision system constitutes a separate violation.

Subd. 4 Subd. 4. Joint and several liability. Each employer and labor contractor or vendor engaged by an employer to provide services is jointly and severally liable for any violation of this section or sections 181.9922 to 181.9926.

Subd. 5 Subd. 5. Preemption. This section does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workers who are covered by this section and sections 181.9922 to 181.9926.

Subd. 6 Subd. 6. Severability. The provisions of this section and sections 181.9921 to 181.9926 are severable. If any provision or its application is held invalid, that invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application.

Subd. 7 Subd. 7. Model notice. The commissioner of labor and industry must create and publish on the department's website model language that employers may use for the notices required under sections 181.9922 and 181.9925.

Section 181.9927 establishes the enforcement framework. Subdivision 1 prohibits employer retaliation against workers exercising their rights. Subdivision 2 designates the commissioner of labor and industry as the primary enforcer and creates a private right of action for aggrieved workers (or their exclusive representatives) and the attorney general. Subdivision 3 establishes tiered civil penalties: $1,000 per violation per day for notice violations (§§ 181.9922, 181.9925) and $2,500 per violation per day for records, employer requirements, and appeal violations (§§ 181.9923, 181.9924, 181.9926). Subdivision 4 imposes joint and several liability on employers and their vendors. Subdivisions 5–7 cover non-preemption of local ordinances, severability, and a model notice requirement for the commissioner.

Compliance actions 1 item

Employers must not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any worker for exercising or attempting to exercise their rights under this act, including filing a complaint with the commissioner, alleging a violation, cooperating in an investigation, or taking any action to enforce their rights.

G-03.3

Safety Harmful content prevention · self-harm escalation

2 items

S-02

Employers must not take any adverse action against a worker based on data from a continuous time-tracking tool, except in cases of egregious misconduct.

Data Controls Data sale restrictions · deidentification

5 items

D-01.1