Regulon — MN-SF-4689 · MN SF 4689 (Automated Decision Systems in Employment)

WHAT THIS BILL REGULATES · 6 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority

Commissioner of Labor and Industry enforces, 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. Private right of action available to a worker aggrieved by the violation or the worker's exclusive representative. Employers and labor contractors or vendors are jointly and severally liable.

Private Right of Action

Private right of action available to a worker aggrieved by the violation or the worker's exclusive representative.

Penalties

Civil penalties: up to $1,000 per violation per day for notice violations (§§ 181.9922, 181.9925); up to $2,500 per violation per day for records, employer requirements, and appeal violations (§§ 181.9923, 181.9924, 181.9926), with each use of the system a separate violation under § 181.9924. In civil actions, plaintiff may recover any and all damages recoverable at law, including punitive damages, injunctive and other equitable relief, costs, disbursements, and reasonable attorney fees. Penalties deposited in the workforce development fund. Commissioner considers employer size and severity of violation when determining penalty amounts.

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) 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 partially or fully 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, including the following: (i) human resources information, including the contents of a worker's personnel file or performance evaluations; (ii) work process information, such as data relating to an individual worker's performance or productivity, including but not limited to the quality and quantities of tasks performed, quality and quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of worker performance in relation to a quota, and time categorized as performing tasks or not performing tasks; (iii) data that captures workplace communications and interactions, including emails, texts, internal message boards, screenshots, and customer interaction and ratings; (iv) device usage and data, including but not limited to keystroke recording; website, software, and application utilization; calls placed; or geolocation information; (v) audio, photo, or video data or other information collected from sensors, including movement tracking; thermal sensors; voiceprints; or facial, emotion, and gait recognition; (vi) inputs to or outputs generated by an automated decision system that are linked to the worker; (vii) data collected through electronic monitoring or continuous incremental time-tracking tools; and (viii) data collected or generated on workers to mitigate the spread of infectious diseases, including COVID-19, or to comply with public health measures.

Section 181.9921 establishes the defined terms for the entire regulatory framework. The central defined term is automated decision system, which covers any ML-, statistical-, data-analytics-, or AI-derived computational process that issues simplified outputs used to partially or fully replace human discretionary decision making and materially impacts natural persons, with explicit carve-outs for spam filters, firewalls, antivirus software, identity management tools, calculators, and databases. Employer is defined expansively to include any person exercising control over terms of employment, including state and local government, labor contractors, and vendors. Worker covers job applicants, employees, and independent contractors. Employment-related decision sweeps broadly across wages, hiring, discipline, termination, scheduling, productivity requirements, and essentially all terms of employment.

Minn. Stat. § 181.9922

Pre-use notice

Deployer

Subd. 1(a) 1 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.

Subd. 1(b)(1)–(5) 1 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.

Subd. 1(c) 2 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.

Subd. 1(d)(1)–(3) 1 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) 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)–(8) 1 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 a detailed pre-deployment notice obligation on employers that use automated decision systems for employment-related decisions. Employers must provide written notice to affected workers, authorized representatives, and unions before introducing a system or making significant changes. The notice must cover system purpose, data categories, system logic, creator and operator identity, job qualifications assessed, impact assessment results, a list of all automated decision systems in use, and a description of worker rights. Timing requirements vary: 30 days before a new system introduction, by September 1, 2026 for existing systems, and with meaningful bargaining time for unions. A copy of every notice must be filed with the Commissioner of Labor and Industry within ten days.

Workers must also be allowed to opt out of the automated decision system if reasonable alternatives exist, creating an individual escape valve that is unusual in employment AI regulation.

Compliance actions 3 items

Employers must provide affected workers, their authorized representatives, and any representing union with a written, plain-language pre-use notice at least 30 days before introducing or significantly modifying an automated decision system, disclosing the system's purpose, data categories, logic, key parameters, creator and operator identity, job qualifications assessed, impact assessment results, a current list of all automated decision systems in use, and a description of worker rights.

H-01.1

Employers must submit a copy of every pre-use notice to the Commissioner of Labor and Industry within ten days of providing the notice to workers.

R-02.1

Employers must allow workers to opt out of being subject to an automated decision system when reasonable alternatives to its use exist.

D-01.3

Minn. Stat. § 181.9923

Records

Deployer

Subd. 1(a) 4 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.

Subd. 1(b) 5 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.

Subd. 1(c) 6 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) 7 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. The employer must provide copies of the data requested within seven days of receiving a worker's request.

Subd. 3(a)–(d) 8 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. 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. 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. 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 a 36-month data retention requirement for all worker data collected, used, or produced by an automated decision system, followed by a mandatory destruction obligation at 37 months (unless the worker consents to continued retention). Employers must also protect the confidentiality, integrity, and accessibility of worker data using data security practices consistent with data and cyber privacy laws.

Workers receive a right to request copies of their data — including inputs, outputs, and any corroborating evidence used by a human reviewer — within seven days. Workers may also request corrections to inaccurate data, triggering an investigation obligation and, if the data is found inaccurate, a requirement to correct the data, adjust any employment decisions based on it, and notify third parties of the error.

Compliance actions 5 items

Employers must retain all worker data collected, used, or produced by an automated decision system — including inputs, outputs, and corroborating evidence used by human reviewers — for 36 months after the data's most recent collection, production, or use, in a form that can be produced to workers or the Commissioner of Labor and Industry.

G-01.3

Employers must destroy all worker data collected, used, or produced by an automated decision system no later than 37 months after its most recent collection, production, or use, unless the worker has provided written and informed consent to continued retention.

D-01.9

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 data collected.

D-01

Employers must provide workers with copies of their data — including all worker data collected, used, or produced by the automated decision system, all input/output data, and any corroborating evidence used by a human reviewer — within seven days of a worker's request.

D-01.1

Employers must investigate and, if data is found inaccurate, promptly correct any worker data used by the automated decision system, review and adjust any employment-related decisions based on the inaccurate data, and notify affected third parties. If the data is found accurate, the employer must inform the worker of the decision, the verification steps taken, and the supporting evidence.

D-01.2

Minn. Stat. § 181.9924

Employer requirements

Deployer

Subd. 1(a)(1)–(6) 9 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)(1)–(3) 10 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) 11 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) 12 An employer must not take any adverse action against a worker based on worker data from a continuous time-tracking tool, except in cases of egregious misconduct.

Subd. 2(a) 13 An employer must not rely solely on an automated decision system when making an employment-related decision.

Subd. 2(b)–(c) 13 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 one or more 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. 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.

Subd. 2(d) 13 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.

Subd. 1(a) — termination prohibition 14 An automated decision system must not be used to terminate a worker.

Section 181.9924 establishes two distinct obligation clusters: categorical prohibitions on certain uses of automated decision systems and substantive requirements for human oversight of employment-related decisions.

The prohibitions bar employers from using automated decision systems to violate law, infer protected characteristics (immigration status, veteran status, religion, health/reproductive status, neural data, sexual orientation, disability, criminal record, credit history), predict behavior unrelated to essential job functions, retaliate against workers exercising legal rights, or draw on facial, gait, or emotion recognition technologies. A separate restriction limits automated compensation-setting to systems that use only job-related inputs, are clearly communicated to the worker, and run no more than once per six months or only upon a meaningful change in duties.

The human oversight provisions prohibit sole reliance on an automated decision system for any employment-related decision and require a designated internal reviewer with sufficient authority, expertise, and training to corroborate the system's output. When the reviewer cannot corroborate the output or finds it inaccurate, the employer must not rely on the system. Notably, the statute categorically prohibits using an automated decision system to terminate a worker.

Compliance actions 6 items

Employers must not use an automated decision system to (1) cause a violation of any law, (2) obtain or infer protected characteristics such as immigration status, religion, health/reproductive status, neural data, sexual orientation, disability, criminal record, or credit history, (3) make predictions about worker behavior unrelated to essential job functions, (4) retaliate against workers exercising legal rights, (5) draw on facial, gait, or emotion recognition technologies, or (6) collect data for purposes not disclosed in the pre-use notice.

S-02

Employers must not use an automated decision system with individualized worker data to set compensation unless (1) the input data is directly related to the worker's ability to complete the task, (2) the inputs are clearly communicated to the worker, and (3) the system is used no more than once per six months per worker or only upon a meaningful change in work duties.

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 doing so would cause harm, discrimination, or a legal violation.

G-03.3

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

S-02

Employers must not rely solely on an automated decision system for any employment-related decision. When relying in part on such a system, employers must (1) ensure the accuracy of the output and (2) designate a qualified internal reviewer with sufficient authority, expertise, and training to corroborate the output using independent evidence. If the reviewer cannot corroborate the output or finds it inaccurate, incomplete, or misleading, the employer must not rely on the system for that decision.

H-01.6

Employers must not use an automated decision system to terminate a worker.

S-02

Minn. Stat. § 181.9925

Post-use notice and right to access

Deployer

Subd. 1(a)(1)–(2) 15 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 of the worker, at least 30 days before the discipline takes effect.

Subd. 1(b)–(c) 15 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. 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.

Subd. 1(d)(1)–(2) 15 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)(1)–(5) 16 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.

Subd. 2(b)–(c) 16 An employer must respond to an access request no later than 14 calendar days from the date the employer received the request. 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 creates a two-part post-decision obligation: written notice and a right to access detailed information about the automated decision. The notice must be provided at the time the worker is informed of the decision (or within 15 business days), with a 30-day advance requirement for disciplinary decisions. The notice must acknowledge use of an automated decision system, describe the worker's rights, provide an appeal form, and state the anti-retaliation protection.

For employers that use the same system multiple times per quarter, a streamlined notice regime applies: a full notice for the first use plus a quarterly summary. The access right entitles workers to granular information including the specific data used, system logic as applied to the worker, the rationale for the decision, key parameters, the range of possible outputs with aggregate statistics, the system creator's name, and any completed impact assessments. Employers must respond within 14 calendar days, and vendors must provide full assistance.

Compliance actions 2 items

Employers must provide each affected worker with a written post-decision notice — at the time of the decision or within 15 business days (30 days before discipline takes effect) — acknowledging use of an automated decision system, describing worker rights, providing an appeal form, and stating the anti-retaliation protection. For repeat use of the same system, a full notice for the first quarterly use plus a quarterly summary is required.

H-01.1

Employers must, within 14 calendar days of a worker's access request, provide the specific data used, all outputs produced, the rationale for the decision (including the roles of the system output and human involvement), the system logic as applied to the worker, key parameters, the range of possible outputs with aggregate statistics, the system creator's name, and any completed impact assessments. Vendors must provide full assistance to the employer in responding.

H-01.1

Minn. Stat. § 181.9926

Right to appeal

Deployer

(a)–(b) 17 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. 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) 17 A worker appealing the employment-related decision must submit their appeal form within 30 days of receiving the notification under section 181.9925.

(d)(1)–(4) 17 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)–(f) 17 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. 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 appeal process for workers affected by employment-related decisions made using an automated decision system. Employers must provide an appeal form that allows the worker to request access to input/output data and corroborating evidence, submit a reason and evidence for the appeal, and designate an authorized representative. Appeals must be filed within 30 days of the post-use notice.

The employer must respond within five business days by designating a human reviewer who is independent from the original decision, has authority to overturn it, and has sufficient training on AI limitations and worker rights. The reviewer must produce a written decision explaining the result and its reasons. If the decision is overturned, the employer must rectify it within five business days.

Compliance actions 1 item

Employers must provide workers with a form to appeal any employment-related decision made using an automated decision system. Within five business days of receiving an appeal, the employer must designate an independent human reviewer — not involved in the original decision, with authority to overturn it — who must objectively evaluate all evidence, produce a written decision explaining the result and reasons, and 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 18 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) 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. 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. 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)–(c) An employer who violates section 181.9922 or 181.9925 is subject to a civil penalty of up to $1,000 per violation to be deposited in the workforce development fund and each day a worker is affected constitutes a separate violation. An employer who violates section 181.9923, 181.9924, or 181.9926 is subject to a civil penalty of up to $2,500 per violation to be deposited in the workforce development fund. 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. In determining the penalty amount for a violation listed under this subdivision, the commissioner must consider the size of the employer and the severity of the violation.

Subd. 4 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 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 The commissioner of labor and industry must create and publish on the department's website model language that employers may use for the notices and appeal form required under sections 181.9922 and 181.9925.

Section 181.9927 establishes a multi-track enforcement regime. The Commissioner of Labor and Industry is the primary enforcer, with authority to investigate violations, order temporary relief, issue citations, and file civil actions. The Attorney General may also bring actions under Minn. Stat. § 8.31. Aggrieved workers and their exclusive representatives have a private right of action.

Remedies in civil actions include all damages recoverable at law, punitive damages, injunctive and equitable relief, costs, disbursements, and reasonable attorney fees. Civil penalties are tiered: up to $1,000 per violation per day for notice violations (§§ 181.9922, 181.9925) and up to $2,500 per violation per day for records, employer requirements, and appeal violations (§§ 181.9923, 181.9924, 181.9926), with each use of an automated decision system constituting a separate violation under § 181.9924. Employers and their labor contractors or vendors are jointly and severally liable. The statute explicitly does not preempt local ordinances providing equal or greater worker protection.

Compliance actions 1 item

Employers must not discharge, threaten, demote, suspend, or in any manner discriminate or retaliate against any worker for exercising or attempting to exercise their rights under the act, including filing complaints, cooperating in investigations, or invoking enforcement mechanisms.

G-03.3

Minn. Stat. § 181.9927 — Sec. 8

Effective date

Sections 1 to 7 are effective January 1, 2027.

Section 8 establishes January 1, 2027 as the effective date for all substantive provisions of the act (Sections 1 through 7).

Safety Harmful content prevention · self-harm escalation

3 items

S-02

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

S-02

Employers must not use an automated decision system to terminate a worker.

Data Controls Data sale restrictions · deidentification

6 items

D-01.3

Employers must allow workers to opt out of being subject to an automated decision system when reasonable alternatives to its use exist.

D-01.9