No employer or public entity, vendor, or contractor acting on behalf of the employer or public entity shall: a. Use, deploy, develop, produce, sell, or offer for sale an AEDS or ABSDS, or use data or information collected or produced by the AEDS or ABSDS, or use data or information obtained from an EMT or other surveillance of employees or service beneficiaries, that causes, contributes to, or results in, a violation of any provision of a recognized collective bargaining agreement or any State or federal labor or employment law, or that undermines, inhibits, threatens, punishes, or interferes with, employees, service beneficiaries, or applicants exercising their rights under this law, a collective bargaining agreement, or any of those laws, including using an AEDS or ABSDS, an EMT, or other surveillance of employees to identify, profile, predict, or result in a negative assessment of, employees or service beneficiaries who exercise, or will exercise, those rights;

No employer or public entity, vendor, or contractor acting on behalf of the employer or public entity shall: b. Use, deploy, develop, produce, sell, or offer for sale an AEDS or ABSDS, or an EMT or other surveillance, in a manner which diminishes, undermines, or interferes with the health, safety, privacy, dignity, autonomy, or welfare of employees, applicants for employment, service beneficiaries, or members of the general public;

No employer or public entity, vendor, or contractor acting on behalf of the employer or public entity shall: c. Conduct, or have conducted by a third party, electronic, audial, visual, or other monitoring or surveillance of employees in bathrooms or private areas, including, but not limited to, rooms for eating and other breaks, sick rooms, wellness rooms, locker rooms, dressing rooms, and areas designated for lactation, provided that the prohibitions of this subsection shall not apply to climate control, fire safety, or similar systems. Employees shall have the right, when in those rooms or areas, or on off-duty hours, to remove, disable, or decline to carry workplace surveillance devices the employer requires to be on their person or in their possession while working; d. Conduct, or have conducted by a third party, an EMT or other surveillance of an employee when the employee is off duty, on leave, or on a meal or rest break, or during other time not designated for the performance of essential work functions; e. Require an employee to install or download software or applications used to electronically monitor the employee, including by location, provided by, or on behalf of, the employer, into any personal device or personal property of the employee, including, but not limited to, vehicles, cell phones, computers, tablets, or wearables, or require the employee to wear or attach to clothing or accessories devices that monitor an employee, and the employee shall have the absolute right to refuse, without retaliation, any employer request or requirements to install or download the software or application. The applications and devices shall be disabled outside of the activities, locations and times needed for those functions, and removed when employment ends; f. Require an employee to have a device that collects or transmits data physically implanted, or subcutaneously installed, in the employee's body, or require an employee to disclose to the employer the identity of, or any password for any personal device or account, including any social media account, of the employee, or otherwise provide access to the account or device; g. Conduct, or have conducted by a third party, electronic, audiovisual or other monitoring, remote sensing or tracking, or other surveillance, of a residence, personal vehicle, or property owned or leased by an employee or applicant for employment;

No employer or public entity, vendor, or contractor acting on behalf of the employer or public entity shall: h. Use, deploy, develop, produce, sell, or offer for sale, an EMT or other surveillance or an AEDS or ABSDS in a manner that harms or is likely to harm the health or safety of employees, by setting, or facilitating the setting of, productivity quotas or performance standards that are likely to contribute significantly to harming worker health and safety; i. Take adverse employment action against an employee on the sole basis of data collected via continuous incremental time-tracking tools, including keystroke logging, idle-time trackers, or mouse-movement monitors;

No employer or public entity, vendor, or contractor acting on behalf of the employer or public entity shall: j. Use, deploy, develop, produce, sell, or offer for sale, an EMT or other surveillance of an employee, service beneficiary, or applicant for employment, or use, deploy, develop, produce, sell, or offer for sale, an AEDS or ABSDS, to obtain, infer, analyze, or use in making a hiring decision or other employment-related decision or decision regarding public benefits or services, any data or information about the employee's, service beneficiary's, or applicant for employment's being in or perceived to be in a classification, or having or being perceived to have a characteristic, protected under section 11 of P.L.1945, c.169 (C.10:5-12), or information about present or past union membership or advocacy or any other classification or characteristic, other than unlawful behavior, of the employee or applicant for employment which is not directly related to work performance or work qualifications, or of any other classification or characteristic of a service beneficiary which is not specifically required to confirm the identity of the beneficiary or determine eligibility for public benefits or services. An employer or public entity may not, in providing employee, applicant, or service beneficiary data or information for the AEDS or ABSDS or in directly making employment-related decisions or decisions about public benefits or services, use data or information about employee, applicant, or beneficiary classification or characteristics as identified in this subsection. It shall not be a violation of this subsection for an ABSDS to retain and use information essential to providing specific public services, such as student academic records in educational services and individual health information in health services, and information specifically required to determine eligibility for the public benefits or services;

No employer or public entity, vendor, or contractor acting on behalf of the employer or public entity shall: k. Transfer or otherwise disclose biometric, health, or wellness data or information, however obtained, to any third party or government entity unless required to do so under State or federal law; use biometric, health, or wellness data or information in making an employment-related decision or decision regarding public benefits or services; or retain biometric, health, or wellness data or information of an applicant for employment who has not been hired or a former employee after employment ends, or after the service beneficiary no longer receives services or benefits;

An employer or public entity, or vendor acting on behalf of an employer or public entity shall not implement the use of an AEDS or an EMT or other surveillance of employees, or use an AEDS or information obtained through the EMT when making employment-related decisions regarding employees or applicants for employment, unless all of the following conditions are met: a. The EMT or other surveillance, and the AEDS, are primarily intended and demonstrably verified through appropriate pretesting, validation, and relevant impact assessments conducted pursuant to this section to accomplish any of the following allowable purposes: (1) assisting an employee to accomplish essential work functions; (2) ensuring the quality of goods and services; (3) making periodic assessments of employee performance, including to assist in making employment-related decisions; (4) ensuring compliance with provisions of employment, labor, or other relevant laws; (5) protecting the health, safety, or security of employees and the public; or (6) administering wages and benefits. b. The EMT and surveillance and the AEDS shall: (1) be limited to what is necessary to accomplish the allowable purposes specified in subsection a. of this section; (2) be used exclusively to accomplish those purposes; (3) use the means least invasive to employees or applicants for employment needed to accomplish those purposes; (4) be limited to the smallest number of employees and least amount of data and information needed to accomplish those purposes, and (5) have data and information collected no more frequently than is necessary to accomplish those purposes. c. The data and information about an employee or applicant collected by an EMT or other surveillance or used by the AEDS shall be accessed only by authorized agents of the employer, the public entity, or the employee or the employee's authorized representative. d. Prior to deployment or implementation, an objective and impartial impact assessment of the AEDS or EMT, including an assessment of the economic impacts of factors such as wages, hours, benefits, work opportunities, and advancement, has been conducted by an independent auditor, or, if the AEDS or EMT is to be applied to public employees, by the department, in which the auditor or the department determines and affirms in a report, with supporting documentation indicating: (1) that the EMT requires the implementation of procedures to ensure that it is used in a manner that complies with the requirements of subsections c., d., e., f., and g. of section 2 of this act; (2) that the AEDS or EMT complies with the requirements of subsections a., b., h. i., k. and l. of section 2 of this act and subsections a. and b. of this section, including the implementation of effective procedures to remedy potential risks to worker rights, including privacy, health and safety, dignity and autonomy, and to prevent inhibiting legally protected activity, including organizing and collective bargaining. (3) that the AEDS or EMT complies with the requirements of subsection j. of section 2 of this act, including that the auditor or the department, with respect to classifications and characteristics identified in that subsection of employees or applicants for employment, considers, identifies, and describes any disparities in the data used to train or develop the AEDS that may result in the outputs of the AEDS having a disparate, adverse impact on employees or applicants, and that the auditor or the department determines that the AEDS includes provisions to effectively remedy any such disparate, adverse impact; and (4) that the AEDS or EMT requires the implementation of effective procedures for monitoring, feedback, and ongoing human oversight, including full compliance with the requirements of section 9 of this act, as needed to prevent or remedy any potential discriminatory, biased, inaccurate, or harmful outcomes. e. The vendor has provided the auditor or the department with access to all information needed to conduct the impact assessment of either an AEDS or an EMT, including, in the case of an AEDS: (1) all documentation about its design and development, its technical specifications, the sources of data used to develop and train it, the individuals involved in its development, and a historical record of past versions of the AEDS; (2) a detailed description of its intended purpose, deployment context, rationale for use, the categories, sources, and methods of data it utilizes; (3) outputs and the types of employment-related decisions in which those outputs may be used; (4) what the benefits and effects are of using the AEDS to supplement non-automated decision-making, and the impacts its use may have on overall efficiency and output for the public entity or employer that deploys it, including quantified estimates of: the amounts of cost savings for the employer or public entity; any anticipated reductions of employment by the employer or public entity; any offset to the employment reductions caused by new employment related to the human oversight requirements of section 9 of this act; and the percentage of the cost savings attributable to reductions of employment, and these estimates shall be featured prominently in the summary of the impact assessment submitted to the department pursuant to subsection g. of this section and section 4 of this act and included in the notices provided to employees or service beneficiaries pursuant to section 6 of this act; and (5) an analysis of the accuracy, reliability, validity, and error rates of the AEDS, including the reasonably foreseeable effects of tuning, retraining, or modification.

The impact assessment shall be conducted not more than one year prior to deployment. For an AEDS or EMT already in use on the effective date of this act, the impact assessment shall be completed within six months after the effective date. Impact assessments shall be updated upon any substantial change in the categories, sources, quotas, metrics, thresholds, or benchmarks used by the EMT or the AEDS, or any substantial modification, retraining, repurposing, or updating which may change outputs of an AEDS. Any subsequent impact assessment or update conducted pursuant to this subsection shall be subject, in the same manner as an initial impact assessment, to all of the requirements of subsections d., e., g., and h. of this section. Until those requirements are met, the AEDS or EMT shall not be permitted to operate.

g. The report of the impact assessment shall include all of the information and data used in making its determinations, including the full data and information provided pursuant to subsections d. and e. of this section, and shall, within 60 days of its completion, submitted in its entirety, together with an accessible summary of the report, to the department, for inclusion in a public registry of impact assessments maintained by the department, and to the vendor, who shall provide the report to any employer or public entity seeking to implement the AEDS or EMT. Impact assessments in the public registry shall be made available to affected employees, applicants for employment and their authorized representatives. Proprietary information shall not be publicly disclosed unless essential, and then only in aggregated form. h. In the case of an impact assessment conducted by the department because the AEDS or EMT is to be applied to public employees, the vendor shall pay the department the full amount of direct costs of making the impact assessment of the AEDS or EMT.

A public entity, or vendor acting on behalf of a public entity, shall not implement the use an ABSDS, or use the ABSDS when making decisions regarding provision of public benefits or services to service beneficiaries, unless all of the following conditions are met: a. An objective and impartial impact assessment of the ABSDS, including an assessment of its economic impacts of factors such as wages, hours, benefits, work opportunities, and advancement, has been conducted by the department, in which the department determines and affirms in a report, with supporting documentation indicating: (1) that the ABSDS complies with the requirements of subsections a., b., k. and l. of section 2 of this act, including by requiring the implementation of effective procedures to remedy potential risks to the rights of service beneficiaries, including privacy, health and safety, dignity and autonomy, and to prevent inhibiting legally protected activity; (2) that the ABSDS complies with the requirements of subsection j. of section 2 of this act, including that the department, with respect to classifications and characteristics identified in that subsection of service beneficiaries, considers, identifies, and describes any disparities in the data used to train or develop the ABSDS that may result in the outputs of the ABSDS having a disparate, adverse impact on service beneficiaries, and that the department determines that the ABSDS includes provisions to effectively remedy any such disparate, adverse impact; and (3) that the ABSDS requires the implementation of effective procedures for monitoring, feedback, and ongoing human oversight, including full compliance with the requirements of section 9 of this act, as needed to prevent or remedy any potential discriminatory, biased, inaccurate, or harmful outcomes, including incorrect denials of public benefits or services based on mistaken claims of fraud by beneficiaries. b. The vendor has provided the department with access to all information needed to conduct the impact assessment of an ABSDS, including: (1) all documentation about its design and development, its technical specifications, the sources of data used to develop and train it, the individuals involved in its development, and a historical record of past versions of the ABSDS; (2) a detailed description of its intended purpose, deployment context, rationale for use, the categories, sources, and methods of data it utilizes; (3) outputs and the types of employment-related decisions in which such outputs may be used; (4) what the benefits and effects are of using the ABSDS to supplement non-automated decision-making, and the impacts its use may have on overall efficiency and output for the public entity that deploys it, including quantified estimates of: the amounts of savings for the public entity; any anticipated reductions of employment by the employer or public entity; any offset to the employment reductions caused by new employment related to the human oversight requirements of section 9 of this act; and the percentage of cost savings attributable to reductions of employment, and these estimates shall be featured prominently in the summary of the impact assessment submitted to the department pursuant to subsection e. of this section and section 4 of this act and included in the notices submitted to employees or service beneficiaries pursuant to section 6 of this act; and (5) an analysis of the accuracy, reliability, validity, and error rates of the ABSDS, including the reasonably foreseeable effects of tuning, retraining, or modification. c. The data and information used by the ABSDS shall be accessed only by authorized agents of the public entity or service beneficiary. d. The impact assessment shall be conducted not more than one year prior to deployment. For an ABSDS already in use on the effective date of this act, the impact assessment shall be completed within one year after the effective date. Impact assessments shall be updated upon any substantial change in the categories, sources, quotas, metrics, thresholds, or benchmarks used by the ABSDS, or any substantial modification, retraining, repurposing, or updating which may change outputs of an ABSDS. Any subsequent impact assessment or update conducted pursuant to this subsection shall be subject, in the same manner as an initial impact assessment, to all of the requirements of subsections a. b., and e. of this section. Until those requirements are met, the ABSDS shall not be permitted to operate. e. The report of the impact assessment shall include all of the information and data used in making its determinations, including the full data and information provided pursuant to subsections a. and b. of this section, and shall, within 60 days of its completion, be submitted in its entirety, together with an accessible summary of the report, to the department, for inclusion in a public registry of impact assessments maintained by the department, and to the vendor, who shall provide it to any public entity seeking to implement the ABSDS. Impact assessments in the public registry shall be made available to affected service recipients, entities, applicants for employment and their authorized representatives. f. The vendor shall pay the department the full amount of the direct costs of making the impact assessment of the ABSDS.

a. (1) An employer, public entity, vendor, or contractor shall ensure that no data or information about an employee or applicant, or service beneficiary, or applicant for employment collected by an EMT or other surveillance, and no output of an AEDS, or data or information used to produce that output, is sold, licensed, transferred, disclosed, or shared to or with any third party by the employer, public entity, or vendor, without the uncoerced written consent of the employee, service beneficiary, or applicant for employment, except that the data or information may be provided to the applicant, service beneficiary, employee, or an authorized representative, or to a law enforcement authority or a court when required by law. All information about an applicant for employment or public benefits or services, including any applicant video, shall be destroyed at the request of the applicant. A vendor shall return to the employer or public entity and delete all employee, applicant, and service beneficiary information once the contract between the vendor and the employer or public entity is terminated. (2) An employer, public entity, or vendor acting on behalf of an employer shall ensure that all information and data and information about an employee or service beneficiary, held by the employer, public entity, or vendor is accurate and up to date. An employer or public entity shall notify an employee or service beneficiary of any significant change in the data or information held by the employer or public entity or vendor. The notification shall inform the employee or service beneficiary of the change and the right of the employee, service beneficiary, or a designated representative, to access to any data or information about the employee or service beneficiary held by the employer, public entity, or vendor and make a written request to correct inaccurate information or remove information being retained or used in a manner that violates the provisions of this act, and, in addition, the employee or service beneficiary, even if not notified of any change, shall, at least one time per year, have the right to have access to the data and information and seek any needed corrections or removals. If the employer or public entity does not change or remove the information as requested, the employer or public entity shall provide a written explanation of the reason for that decision, and retain copies of the request and the written explanation, to be available for consideration in any appeal of an adverse decision made pursuant to section 8 of this act.

b. An employer or public entity shall make, keep, and preserve, for not less than three years, true and accurate records, including complete records of data and information about an about an employee or applicant, or service beneficiary, or applicant for employment collected by an EMT or other surveillance and all data and information used by an AEDS for outputs concerning the employee, service beneficiary, or applicant, and all performance evaluations, validation results and impact assessments. Any data or information for which an applicant has exercised their right to have destroyed pursuant to subsection a. of this section shall be exempt from the record retention requirements of this subsection once the records are destroyed. The employer or public entity shall destroy the data and information no later than 37 months after collection unless the employee, service beneficiary, or applicant has provided uncoerced written consent for the employer or public entity to retain them.

c. An employer or public entity shall establish, implement, and maintain reasonable administrative and physical data security practices to protect the confidentiality, integrity and accessibility of employee, service beneficiary, or applicant data and information, which shall be in compliance with any recordkeeping, data retention, and security requirements specified by the commissioner. The employer or public entity, and any vendor keeping employee, service beneficiary, or applicant data, shall promptly provide the department and each affected employee or service beneficiary, a written notice of any security breach, within 48 hours of the breach, describing the specific categories of data that were, or are reasonably believed to have been, accessed or acquired by an unauthorized person, and the steps the employer or public entity and vendor will take to address the impact of the data breach on affected individuals. The employer or public entity and the vendor shall be jointly and severally liable for any damages caused to the employee, service beneficiary, or applicant for employment by fraud or theft made possible by a failure of the employer or public entity or vendor to secure personal data and information of the employee, service beneficiary, or applicant held by the employer or public entity.

6. a. An employer or public entity shall not implement an EMT or other surveillance or the use of an AEDS or ABSDS unless the employer or public entity has provided a written notice to all affected service beneficiaries and employees, including public employees making decisions about public benefits or services for service beneficiaries, and to any recognized bargaining representative of the employees, at least 60 days prior to implementation. If the EMT, AEDS, or SBSDS was in operation on the effective date of this act, the written notice shall be provided not more than 60 days after the effective date of this act. For an employee hired after the effective date of this act, written notice shall be provided not more than 30 days after the hiring, and the employer shall obtain a written acknowledgement of receipt of the notice by the employee. The notice shall include, except that the notice to service beneficiaries shall not include the disclosures indicated in paragraphs (5) and (6) of this subsection, the following disclosures: (1) that the use of an AEDS, ABSDS, or EMT or surveillance is being implemented, and what type of decisions that will be affected by the AEDS, ABSDS or the EMT or surveillance; (2) copies of the summaries of the impact assessment reports of the AEDS, ABSDS, or EMT conducted by an independent auditor or the department conducted pursuant to subsection d. of section 3, or subsection a. of section 4, of the act, and directions on how to obtain the entire impact assessment report from the public registry maintained by the department; (3) a description of the data and information that will be collected and the outputs that will be used, specifying, in the case of an employee or public employee, for which of the allowable purposes identified in subsection a. of section 3 of this act they will be used; (4) the rights provided by this section and section 8 of this act to employees and service beneficiaries, and their authorized representatives, to have access to all relevant data and information and to contest any disclosure of the notice; (5) a description of any performance standard, productivity quota, or other related measure used in evaluating employees, including public employees making decisions about public benefits or services for service beneficiaries, a description of what data and information is collected, and a description of any adverse consequences or positive incentives associated with the standards or quotas; and (6) the obligation stipulated in subsection c. of this section that an employer or public entity, upon a request of the recognized bargaining representative of the employees, to respond, in the manner specified by that subsection, to concerns raised the representative regarding the AEDS, ABSDS, EMT, or surveillance. b. Employers or public entities shall give employees, and any recognized bargaining representative of the employees, at least 60 days written notice before the implementation of any significant changes in the EMT, AEDS, or ABSDS or in the employer's or public entity's use of an EMT or surveillance or use of an AEDS or ABSDS. 7. All notices required to be provided to employees or service beneficiaries pursuant to section 6 of this act, and all summaries of impact assessment reports required to be included with those notices, shall: a. Be written in clear, plain language easily understood by workers without technical expertise; b. Be translated into any language spoken by at least five percent of the employer's or public entity's workforce; c. Be provided in hard copy form and, if possible, in electronic form; d. Be posted conspicuously in the workplace and made continuously available to workers and their recognized bargaining representative; and e. Disclose that employers and entities are prohibited from retaliating against employees or applicants for employment for exercising their rights under this act.

c. If a recognized bargaining representative of the employees, within 30 days of receiving a notice pursuant to subsection a. or b. of this section, notifies the employer or public entity of specific concerns they have of an AEDS, ABSDS, EMT, or surveillance not being in compliance with the provisions of this act, other law, or applicable collective bargaining agreement, including whether the impact assessment was accurate in deeming the AEDS, ABSDS, EMT, or surveillance to be in compliance, the employer or public entity shall not implement the AEDS, ABSDS, EMT, or surveillance until the employer or public entity has provided the representative of the employees with a written response to the specific concerns which includes any modification of the AEDS, ABSDS, or EMT which the employer or public entity agrees is needed for compliance, or an explanation of why the employer or public entity believes no modification is necessary to be in compliance. If the employee representative is not satisfied with the response, the representative may seek relief in an administrative action pursuant to section 18 of this act, in a civil action pursuant to the provisions of section 19 of this act, or in a grievance or arbitration procedure outlined in an applicable collective bargaining agreement.

d. The employer or public entity shall not make any employment-related decision which has an adverse impact on an employee if the decision is based, in whole or in part, on a productivity quota or performance standard that was not previously disclosed to the employee pursuant to paragraph (5) of subsection a. of this section.

8. a. In the case of an employer or public employer who, with respect to public employees, uses an EMT or other surveillance, or uses an AEDS, to make, or assist in making, an employment-related decision which adversely affects an employee, or in the case of a public entity which uses an ABSDS in making a decision to reduce public benefits or services to a service beneficiary, the employer or public entity shall, at least 10 days before the decision takes effect, provide the service beneficiary or employee and any recognized bargaining representative of the employee with a written notice, which: (1) describes and explains the reasons for the decision; (2) provides access to all relevant data and information about the decision, including a comprehensive explanation of how the EMT, ABSDS, or AEDS are being used in making the decision; and (3) explains that the employee, applicant for employment, service beneficiary, or an authorized representative shall have: the right to access all relevant data and information; the right to contest the decision through the proceduresindicated in subsection b. of this section; and, if the employee, service beneficiary, or applicant is not satisfied with the outcome of that procedure, the right to seek relief in an administrative action pursuant to section 18 of this act, in a civil action pursuant to the provisions of section 19 of this act, or, if an employee is represented by a recognized bargaining representative, in a grievance or arbitration procedure outlined in an applicable collective bargaining agreement. In the case of an applicant for employment or public benefits or services, an employer or public entity that uses an AEDS or ABSDS to make, or assist in making, a decision to reject the application shall provide the written notice described in this subsection not later than the time that the decision is made. b. Upon a request from the employee, service beneficiary, applicant for employment or an authorized representative made not more than 30 days after the employer or public entity provides the written notice required by subsection a. of this section, or not more than 30 days after the adverse decision is implemented if the required notice is not given, the employer or public entity shall: (1) permit the employee, service beneficiary, applicant or authorized representative to review and copy any data and information collected or used to make the decision, and related personnel files; disclose complete data and information regarding the impact assessments of the EMT, the ABSDS, and the AEDS conducted pursuant to section 3 of this act and oversight of the EMT, the ABSDS, and the AEDS conducted pursuant to section 9 of this act, including whether the output of the AEDS or the ABSDS was modified in the oversight process, and if so, how; provide copies of the summaries of the impact assessment reports and disclose how to access the full assessment reports on the public registry maintained by the department; and provide a clear, complete explanation of how the AEDS or the ABSDS produced any outputs related to the decision, including information about the weighting of factors and the data, algorithms, and other processes involved in making the decision; (2) permit the employee, service beneficiary, or applicant for employment to make an appeal to: seek the correction of any inaccurate, incomplete or biased data or information; contest any adverse decision in which data or information was considered which was erroneous, incomplete or biased or which was collected, retained or used by the EMT, ABSDS, or AEDS in a manner which violates the provisions of this act; or contest any adverse decision in which the decision was otherwise made in a manner which violates the provisions of this act; and (3) designate a human reviewer who is an employee of the employer or public entity and who is required to objectively evaluate all evidence, has sufficient authority, discretion, resources, and time to evaluate the decision, has sufficient training and expertise to have a full understanding of the data, algorithms, and other processes involved in making the decision, and has the authority to modify or overturn the decision, including the correction of any inaccurate, incomplete or biased data or information. The reviewer shall consider the appeal made by the employee, service beneficiary, or applicant for employment regarding any of the matters indicated in paragraph (2) of this subsection and issue a determination which shall be the final outcome of the procedure of this subsection for an appeal made to the employer or public entity. An employee, service beneficiary, or applicant for employment who is not satisfied with this final outcome of the procedure may seek relief in an administrative action pursuant to section 18 of this act, in a civil action pursuant to the provisions of section 19 of this act, or, if the employee is represented by a recognized bargaining representative, in a grievance or arbitration procedure outlined in an applicable collective bargaining agreement.

9. a. An employer or public entity shall not rely solely on data or information about employees or service beneficiaries collected through an EMT or other surveillance, or outputs of an AEDS or ABSDS, or information from third parties, including data brokers, when making employment-related decisions, or in the case of a public entity, when making employment-related decisions about its own employees, or making decisions about public benefits or services for service beneficiaries. Any data or information collected through an EMT or other surveillance, or used to produce, or be part of, outputs of an AEDS or ABSDS, shall be corroborated by internal reviewers designated by the employer or public entity pursuant to subsection b. of this section and shall be subject to review and challenge by the affected service beneficiary or employee or their authorized representative, as provided in paragraph (2) of subsection a. of section 5 of this act or subsection b. of section 8 of this act. No decision affecting the terms or conditions of employment or the provision of public benefits or services may be based exclusively or determinatively on AEDS or ABSDS outputs, or data and information collected by an EMT or other surveillance. b. An employer or public entity shall establish meaningful human oversight of all employment-related decisions or decisions about public benefits or services made utilizing data or information collected by an EMT or other surveillance or AEDS or ABSDS outputs. The oversight shall include: (1) designation of internal reviewers who are employees of the employer or public entity, and have sufficient training and expertise in the operation of whichever is used of the EMT, the ABSDS, or the AEDS, familiarity with the most recent impact assessments of the EMT, the ABSDS, or AEDS, and sufficient understanding of their use to identify potential errors, biases, or inaccuracies produced by their use; (2) authority and discretion for the reviewers to dispute, revise, or reject AEDS or ABSDS outputs or data or information collected by an EMT or other surveillance suspected, or found, to be inaccurate, discriminatory, or otherwise invalid; (3) a requirement that a human decision-maker review the data and information collected by an EMT or other surveillance and the AEDS and ABSDS outputs, exercise independent judgment, and consider information beyond AEDS and ABSDS outputs and data and information collected by an EMT or other surveillance, including, in the case of an employee, supervisory evaluations, personnel files, employee work product, or peer reviews, when making consequential employment-related decisions; and (4) a requirement that the reviewers have adequate time and resources to conduct the reviews, and are available for direct communication, in person or by phone or video conference, to applicants for employment or public benefits or services, service beneficiaries affected by an adverse decision regarding public benefits or services, and employees affected by adverse employment-related decisions.

10. No employer or public entity shall discharge, or otherwise retaliate against an employee with respect to any terms and conditions of work, because the employee refused to follow the output of an AEDS, ABSDS, or other artificial intelligence system, automated decision system, algorithm, or other similar technology, if the following conditions are met: a. the employee holds independent judgment and discretion in executing their work duties, or the work duties performed by the employee require licensure or certification by the State as a condition of employment, or independent accreditation by the employer or public entity; and b. (1) the employee has notified a supervisor, manager, or other agent of the employer or public entity that the employee has made, in good faith and with the knowledge or reasonable belief based upon professional opinion or educational or work related experience, a determination that the output from the AEDS, ABSDS, or other artificial intelligence system, automated decision system, algorithm, or other similar technology is likely to result in harm to an employee, service beneficiary, or other individual, damage to physical property, an illegal action, or an action contrary to the licensure or certification requirements of the federal government, the State, or other applicable private licensing or certifying authority which may result in a revocation or suspension of the employee's licensure or certification, but the employer or public entity, refused or otherwise failed to adjust the output without providing a reasonable written explanation documenting its reasons for not making an adjustment; or (2) the employee has refused to follow the output in good faith and with the knowledge or reasonable belief, based upon professional opinion or educational or work-related experience that the output would cause harm or have an adverse impact, and due to the urgency of the potential harm or adverse impact, there is not enough time for the output to be corrected through action of the employer or public entity.

11. All aspects, actions, or consequences relating to, or resulting from, a public employer's decision to enter into an automated services agreement to use an EMT, AEDS, ABSDS, or any new technology likely to result in a significant reduction of employment, shall be mandatory subjects of negotiations.

12. No public employer shall enter into an automated services agreement during the term that an existing collective bargaining agreement with the majority representative is in effect. No public employer shall enter into an agreement after the end of the term of the current collective bargaining agreement unless the public employer: a. Provides advance written notice to the majority representative of public employees in each collective bargaining unit which may be affected by the automated services agreement, and to the New Jersey Public Employment Relations Commission, not less than 30 days before the expiration of the existing collective bargaining agreement and not less than 90 days before the date that the public employer seeks to enter into the automated services agreement; and b. Offers, in the advance written notice, the majority representative of the public employees in each collective bargaining unit which may be affected by the automated services agreement an opportunity to meet and consult with the public employer to discuss the decision to enter into an automated services agreement, and, upon a request of the majority representative, enters into good-faith negotiations over the impacts of the automated services agreement.

13. Each public employee replaced or displaced as the result of an automated services agreement shall: a. receive severance pay and health benefit coverage of not less than one year for any displaced public employee, and not less than two years for an employee with five or more years of service; b. retain all previously acquired seniority during that period; c. have recall rights should new employment become available; and d. have the right to receive from the public employer all training needed to fulfill oversight roles required under section 9 of this act and human roles in dealing with problems individuals have with AI decisions on public benefits or services and be given priority for any new employment associated with those roles.

14. A public employer who violates any provision of this act, including a failure to negotiate in good faith as required in section 6 of this act, shall be deemed to have committed an unfair practice, and any public employee or majority representative organization affected by the violation may, as an alternative to any other remedy provided by this act for the violation, file an unfair practice charge with the New Jersey Public Employment Relations Commission. If the employee or organization prevails on the charge, the employee is entitled to a remedy including, but not limited to, reinstatement, back pay, back benefits, back emoluments, tenure and seniority credit, attorney's fees, and any other relief the commission deems appropriate to effectuate the purposes of this act.

17. No employer or public entity shall request or require an employee or applicant for employment, or service beneficiary, to accept any condition of employment or condition of receiving public benefits or services, which is contrary to the provisions of this act. Any waiver of the rights provided in this act shall be null and void.

20. A vendor, employer, or other deployer of an EMT, ABSDS, or AEDS shall be subject to joint and several liability and shall share responsibility for any violations of the provisions of this act which occur in connection with the deployment of the EMT, ABSDS, or AEDS. A waiver of the provisions of this section is contrary to public policy and is void and unenforceable.

No employer or public entity, vendor, or contractor acting on behalf of the employer or public entity shall: l. Make an employment-related decision which adversely affects an employee or applicant for employment, or an action which adversely affects a service beneficiary, in retaliation against the employee, applicant, or beneficiary for disclosing, or filing a complaint with a State agency, for a violation by the employer or public entity of any provision of this act, or taking an adverse action in retaliation against the employee, applicant or service beneficiary for exercising any rights provided by this act.