WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
§ 1075. Definitions. For the purposes of this article: 1. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Labor Law § 1075(1)" 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. 2. "Authorized representativeAuthorized representative"Authorized representative" means any person or organization appointed by the worker to serve as an agent of the worker. Authorized representative shall not include a worker's employer.Labor Law § 1075(2)" means any person or organization appointed by the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) to serve as an agent of the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8). Authorized representativeAuthorized representative"Authorized representative" means any person or organization appointed by the worker to serve as an agent of the worker. Authorized representative shall not include a worker's employer.Labor Law § 1075(2) shall not include a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8)'s employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5). 3. "Automated decision systemAutomated decision system"Automated decision system" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. An automated decision system does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.Labor Law § 1075(3)" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Labor Law § 1075(1) 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 systemAutomated decision system"Automated decision system" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. An automated decision system does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.Labor Law § 1075(3) does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data. 4. "ADS outputADS output"ADS output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.Labor Law § 1075(4)" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS. 5. "EmployerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5)" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8). This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. 6. "Employment-related decision" means any decision by an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) that materially impacts a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8)'s wages, benefits, compensation, work hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks, skill requirements, work responsibilities, assignment of work, access to work and training opportunities, productivity requirements, or workplace health and safety. 7. "QuotaQuota"Quota" means a work standard under which a worker is assigned or required to perform at a specified productivity speed, to perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the worker may suffer an adverse employment action if they fail to complete the performance standard.Labor Law § 1075(7)" means a work standard under which a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) is assigned or required to perform at a specified productivity speed, to perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) may suffer an adverse employment action if they fail to complete the performance standard. 8. "WorkerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8)" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace. 9. "Worker dataWorker data"Worker data" means any information that identifies, relates to, or describes a worker, regardless of how the information is collected, inferred, or obtained.Labor Law § 1075(9)" means any information that identifies, relates to, or describes a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8), regardless of how the information is collected, inferred, or obtained.
Section 1075 establishes the defined terms for the new Article 38. The automated decision system definition is broad, encompassing any computational process derived from machine learning, statistical modeling, data analytics, or AI that issues simplified output used to assist or replace human discretionary decision making and materially impacts natural persons. The carve-outs for spam filters, firewalls, antivirus software, and similar tools narrow the scope to exclude routine IT infrastructure. The employer definition is notably expansive, covering indirect control relationships, agents, and all branches and subdivisions of state and local government. Worker extends coverage to independent contractors — not just employees — significantly broadening the bill's reach.
(1)(a)–(c) 1 § 1076. Automated decision systemAutomated decision system"Automated decision system" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. An automated decision system does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.Labor Law § 1075(3) pre-use notice. 1. An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) shall provide a written notice that an ADS, for the purpose of making employment-related decisions, not including hiring, is in use at the workplace to a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) who will foreseeably be directly affected by the ADS, or their authorized representativeAuthorized representative"Authorized representative" means any person or organization appointed by the worker to serve as an agent of the worker. Authorized representative shall not include a worker's employer.Labor Law § 1075(2), according to the following: (a) at least thirty days before an ADS is first deployed by the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5); (b) if the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) is using an ADS to assist in making employment-related decisions on the effective date of this article, no later than January first, two thousand twenty-seven; or (c) to a new workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) within thirty days of hiring the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8).
(2) 2 2. An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) shall maintain an updated list of all ADS currently in use.
(3)(a)–(d) 1 3. The notice required by subdivision one of this section shall comply with all of the following: (a) it shall be written in plain language as a separate, stand-alone communication; (b) it shall be written in the language in which routine communications and other information are provided to workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8); (c) it shall be provided via a simple and easy-to-use method, including, but not limited to, an email, hyperlink, or other written format; and (d) it shall contain the following information: (i) the type of employment-related decisions potentially affected by the ADS; (ii) a general description of the categories of workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) input data the ADS will use, the sources of workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) input data, and how workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) input data will be collected; (iii) any key parameters known to disproportionately affect the output of the ADS; (iv) the names and contact information of the individuals, vendors, or entities that created the ADS; (v) if applicable, a description of each quotaQuota"Quota" means a work standard under which a worker is assigned or required to perform at a specified productivity speed, to perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the worker may suffer an adverse employment action if they fail to complete the performance standard.Labor Law § 1075(7) set or measured by an ADS to which the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) is subject, including the quantified number of tasks to be performed or products to be produced, and any potential adverse employment action that could result from failure to meet the quotaQuota"Quota" means a work standard under which a worker is assigned or required to perform at a specified productivity speed, to perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the worker may suffer an adverse employment action if they fail to complete the performance standard.Labor Law § 1075(7), as well as whether those quotasQuota"Quota" means a work standard under which a worker is assigned or required to perform at a specified productivity speed, to perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the worker may suffer an adverse employment action if they fail to complete the performance standard.Labor Law § 1075(7) are subject to change and if any notice is given of changes in quotasQuota"Quota" means a work standard under which a worker is assigned or required to perform at a specified productivity speed, to perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the worker may suffer an adverse employment action if they fail to complete the performance standard.Labor Law § 1075(7); (vi) a description of the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8)'s right to access and correct the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8)'s data used by the ADS; and (vii) a statement that the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) is prohibited from retaliating against workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) for exercising the rights described in subparagraph (vi) of this paragraph.
(4) 3 4. An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) shall notify a job applicant upon receiving the application that the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) utilizes an ADS when making hiring decisions, if the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) will use the ADS in making decisions for that position. Notifications may be made using an automatic reply mechanism or on a job posting.
Section 1076 establishes comprehensive pre-deployment notice obligations for employers using ADS in employment-related decisions other than hiring. Employers must provide affected workers or their authorized representatives with written notice at least 30 days before first deploying an ADS, or by January 1, 2027 for systems already in use on the effective date. New workers must receive notice within 30 days of hire. The notice must be a standalone, plain-language communication covering the types of affected decisions, categories and sources of worker input data, parameters disproportionately affecting output, vendor information, applicable quotas, and data access and correction rights.
A separate obligation requires employers to maintain an updated list of all ADS currently in use. Additionally, employers must notify job applicants upon receiving an application that the employer uses ADS for hiring decisions for that position — this is the one hiring-related notice requirement, distinct from the broader pre-use notice which explicitly excludes hiring.
(1)(a)–(d) 4 § 1077. EmployerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) requirements. 1. An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) shall not use an ADS to do any of the following: (a) prevent compliance with or violate any federal, state, or local labor, occupational health and safety, employment, or civil rights laws or regulations; (b) infer a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8)'s protected status covered under paragraph (a) of subdivision one of section two hundred ninety-six of the executive law; (c) identify, profile, predict, or take adverse action against a workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) for exercising their legal rights, including, but not limited to, rights guaranteed by state and federal employment and labor law; or (d) collect worker dataWorker data"Worker data" means any information that identifies, relates to, or describes a worker, regardless of how the information is collected, inferred, or obtained.Labor Law § 1075(9) for a purpose that is not disclosed pursuant to the notice requirements in section one thousand seventy-six of this article.
(2)(a)–(c) 5 2. (a) An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) shall not rely solely on an ADS when making a discipline, termination, or deactivation decision. (b) When an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) relies primarily on ADS outputADS output"ADS output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.Labor Law § 1075(4) to make a discipline, termination, or deactivation decision, the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) shall use a human reviewer to review the ADS outputADS output"ADS output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.Labor Law § 1075(4) and compile and review other information that is relevant to the decision, if any. For purposes of this paragraph, "other information" may include, but is not limited to, any of the following: (i) supervisory or managerial evaluations; (ii) personnel files; (iii) work product of workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8); (iv) peer reviews; and (v) witness interviews, that may include relevant online customer reviews. (c) An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) shall not use customer ratings as the only or primary input data for an ADS to make employment-related decisions.
(3)–(4) 6 3. A workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) shall have the right to request, and an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) shall provide, a copy of the most recent twelve months of the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8)'s own data primarily used by an ADS to make a discipline, termination, or deactivation decision. A workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) is limited to one request every twelve months for a copy of their own data used by an ADS to make a discipline, termination, or deactivation decision. 4. For purposes of safeguarding the privacy rights of consumers, workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8), and individuals, when an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) is required to provide worker dataWorker data"Worker data" means any information that identifies, relates to, or describes a worker, regardless of how the information is collected, inferred, or obtained.Labor Law § 1075(9) pursuant to this part, that worker dataWorker data"Worker data" means any information that identifies, relates to, or describes a worker, regardless of how the information is collected, inferred, or obtained.Labor Law § 1075(9) shall be provided in a manner that anonymizes the customer's, other workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8)'s, or individual's personal information.
Section 1077 imposes substantive restrictions on how employers may use ADS. The prohibitions in subdivision 1 bar employers from using ADS to violate labor or civil rights laws, infer protected status under the New York Human Rights Law, identify or retaliate against workers exercising legal rights, or collect worker data beyond what was disclosed in the pre-use notice. These are categorical prohibitions — no compliance program can cure them.
Subdivision 2 establishes mandatory human oversight for discipline, termination, and deactivation decisions: sole reliance on ADS is flatly prohibited, and when ADS output is the primary basis, a human reviewer must review both the ADS output and other relevant information. Customer ratings alone may not serve as the only or primary ADS input for employment decisions. Subdivisions 3 and 4 create a worker data access right — workers may request copies of the most recent 12 months of their own data used for discipline, termination, or deactivation, with a frequency limit of one request per 12 months, and the data must be anonymized to protect third-party privacy.
7 § 1078. Automated decision systemAutomated decision system"Automated decision system" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. An automated decision system does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.Labor Law § 1075(3) post-use notice. An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) that primarily relied on an ADS to make a discipline, termination, or deactivation decision shall provide the affected workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) with a written notice at the time the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) informs the worker of the decision. The notice shall comply with all of the following: 1. it shall be written in plain language as a separate, stand-alone communication; 2. it shall be written in the language in which routine communications and other information are provided to workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8); 3. it shall be provided via a simple and easy-to-use method, including, but not limited to, an email, hyperlink, or other written format; and 4. it shall contain the following information: (a) the human to contact for more information about the decision and the ability to request a copy of the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8)'s own worker dataWorker data"Worker data" means any information that identifies, relates to, or describes a worker, regardless of how the information is collected, inferred, or obtained.Labor Law § 1075(9) relied on in the decision; (b) that the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) used an ADS to assist the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) in one or more discipline, termination, or deactivation decisions with respect to the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8); (c) that the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) has the right to request a copy of the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8)'s data used by the ADS; and (d) that the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) is prohibited from retaliating against the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) for exercising their rights under paragraph (c) of this subdivision.
Section 1078 requires employers that primarily relied on ADS output for a discipline, termination, or deactivation decision to deliver a written post-decision notice to the affected worker at the time the employer informs the worker of the decision. Like the pre-use notice, it must be plain-language, standalone, and delivered in the worker's routine communication language. The notice must identify a human contact, state that an ADS was used, disclose the worker's right to request a copy of their data, and include an anti-retaliation statement. This post-decision notice complements but does not replace the pre-use notice required by § 1076.
(1) 8 § 1079. Enforcement. 1. An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) for using or attempting to use their rights under this part, filing a complaint alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or any action taken by the workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) to invoke or assist in any manner the enforcement of this part, or for exercising or attempting to exercise any right protected under this part.
(2)(a)–(b) 2. (a) The commissioner shall enforce this article, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing by the department, including issuing a citation against an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) who violates this article and filing a civil action. (b) Any violation of this article shall be subject to enforcement in the same manner as prescribed in section two hundred fifteen of this chapter.
(3) 3. In any civil action brought pursuant to paragraph (a) or (b) of subdivision two of this section in superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorney's fees and costs as part of the costs of any such action for damages.
(4) 4. An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) who violates this part shall be subject to a civil penalty of five hundred dollars per violation. Use of an ADS in violation of this article with respect to multiple workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) simultaneously or with respect to one workerWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) on separate occasions will constitute separate violations.
Section 1079 establishes the enforcement framework. Subdivision 1 creates a broad anti-retaliation protection for workers who exercise rights under the article, file complaints, cooperate in investigations, or otherwise invoke enforcement. Subdivision 2 designates the Commissioner of Labor as the enforcement authority with power to investigate, order temporary relief, issue citations, and file civil actions. Enforcement follows the same procedures as Labor Law § 215. The commissioner may seek injunctive relief, punitive damages, and reasonable attorney's fees in superior court. A civil penalty of $500 per violation applies, and each use of an ADS affecting multiple workers simultaneously or a single worker on separate occasions constitutes a separate violation — creating potentially significant aggregate exposure for employers deploying ADS at scale.
(1) § 1080. Construction. 1. This article does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workersWorker"Worker" means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace.Labor Law § 1075(8) who are covered by this article.
(2) 2. An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) who complies with the requirements related to notice under this part is not required to comply with any substantially similar notice provisions related to automated decision systemsAutomated decision system"Automated decision system" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. An automated decision system does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.Labor Law § 1075(3) used for employment-related decisions required under any other state law.
(3) 3. The provisions of this part shall not apply to parties covered by a collective bargaining agreement if the agreement explicitly waives this part in clear and unambiguous terms, expressly provides for the wages or earning, working conditions, and other terms and conditions of work, and provides protection from algorithmic management.
(4) 4. This part does not prohibit any employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.Labor Law § 1075(5) from complying with regulatory or contractual requirements in the provision of products or services to the federal government.
Section 1080 contains four construction provisions. The article does not preempt local ordinances providing equal or greater worker protection. Employers complying with this article's notice requirements are not required to comply with substantially similar ADS notice provisions under other state law. The article's requirements may be waived by a collective bargaining agreement that explicitly does so and provides wages, working conditions, and algorithmic management protections. The article does not prohibit compliance with federal government regulatory or contractual requirements.
§ 1081. Severability. If any clause, sentence, paragraph, subdivision, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this article would have been enacted even if such invalid provisions had not been included herein.
Standard severability clause declaring legislative intent that the article would have been enacted even without any provision held invalid by a court.