WHAT THIS BILL REGULATES · 5 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.
(1)–(11) § 1010. Definitions. For the purposes of this section, the following terms have the following meanings: 1. "Aggregated employee dataAggregated employee data"Aggregated employee data" means employee data that an employer has combined, or collected together, in a summary or other form so that the employee data cannot be identified with any specific employee.Labor Law § 1010(1)" means employee dataEmployee data"Employee data" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, regardless of how the information is collected, inferred, or obtained. Data includes, but is not limited to, the following: (a) personal identity information, including the individual's name, contact information, government-issued identification number, financial information, criminal background, or employment history; (b) biometric information that can be used to establish individual identity; (c) health information, including the individual's medical history, physical or mental condition, diet or physical activity patterns, heart rate, medical treatment or diagnosis by a health care professional, health insurance policy number, subscriber identification number, or other unique identifier used to identify the individual; and (d) data related to workplace activities, including the following: (i) human resources information, including the contents of an individual's personnel file or performance evaluations; (ii) work process information, such as data relating to an individual employee's performance, including but not limited to quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks; (iii) data that captures workplace communications and interactions, including emails, texts, internal message boards, and customer interaction and ratings; (iv) device usage and data, including calls placed or geolocation information; (v) inputs to or outputs generated by an automated employment decision tool that are linked to the individual; and (vi) data collected or generated on workers to mitigate the spread of infectious diseases, including COVID-19, or to comply with public health measures.Labor Law § 1010(6) that 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) has combined, or collected together, in a summary or other form so that the employee dataEmployee data"Employee data" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, regardless of how the information is collected, inferred, or obtained. Data includes, but is not limited to, the following: (a) personal identity information, including the individual's name, contact information, government-issued identification number, financial information, criminal background, or employment history; (b) biometric information that can be used to establish individual identity; (c) health information, including the individual's medical history, physical or mental condition, diet or physical activity patterns, heart rate, medical treatment or diagnosis by a health care professional, health insurance policy number, subscriber identification number, or other unique identifier used to identify the individual; and (d) data related to workplace activities, including the following: (i) human resources information, including the contents of an individual's personnel file or performance evaluations; (ii) work process information, such as data relating to an individual employee's performance, including but not limited to quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks; (iii) data that captures workplace communications and interactions, including emails, texts, internal message boards, and customer interaction and ratings; (iv) device usage and data, including calls placed or geolocation information; (v) inputs to or outputs generated by an automated employment decision tool that are linked to the individual; and (vi) data collected or generated on workers to mitigate the spread of infectious diseases, including COVID-19, or to comply with public health measures.Labor Law § 1010(6) cannot be identified with any specific employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5). 2. "Automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2)" means the same as defined in section four hundred one of the state technology law. 3. "CandidateCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3)" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state. 4. "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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4)" 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality. 5. "EmployeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5)" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) operating in the state. An employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) shall be deemed to be operating in the state for purposes of deeming an employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) to be covered by this article if the employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) works at least part time at a location in the state, or if fully remote, the employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) is associated with an office in the state or supervised by a person who works at least part time at a location in the state. EmployeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) can mean a former employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5). 6. "Employee dataEmployee data"Employee data" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, regardless of how the information is collected, inferred, or obtained. Data includes, but is not limited to, the following: (a) personal identity information, including the individual's name, contact information, government-issued identification number, financial information, criminal background, or employment history; (b) biometric information that can be used to establish individual identity; (c) health information, including the individual's medical history, physical or mental condition, diet or physical activity patterns, heart rate, medical treatment or diagnosis by a health care professional, health insurance policy number, subscriber identification number, or other unique identifier used to identify the individual; and (d) data related to workplace activities, including the following: (i) human resources information, including the contents of an individual's personnel file or performance evaluations; (ii) work process information, such as data relating to an individual employee's performance, including but not limited to quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks; (iii) data that captures workplace communications and interactions, including emails, texts, internal message boards, and customer interaction and ratings; (iv) device usage and data, including calls placed or geolocation information; (v) inputs to or outputs generated by an automated employment decision tool that are linked to the individual; and (vi) data collected or generated on workers to mitigate the spread of infectious diseases, including COVID-19, or to comply with public health measures.Labor Law § 1010(6)" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5), regardless of how the information is collected, inferred, or obtained. Data includes, but is not limited to, the following: (a) personal identity information, including the individual's name, contact information, government-issued identification number, financial information, criminal background, or employment history; (b) biometric information that can be used to establish individual identity; (c) health information, including the individual's medical history, physical or mental condition, diet or physical activity patterns, heart rate, medical treatment or diagnosis by a health care professional, health insurance policy number, subscriber identification number, or other unique identifier used to identify the individual; and (d) data related to workplace activities, including the following: (i) human resources information, including the contents of an individual's personnel file or performance evaluations; (ii) work process information, such as data relating to an individual employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5)'s performance, including but not limited to quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) performance in relation to a quota, and time categorized as performing tasks or not performing tasks; (iii) data that captures workplace communications and interactions, including emails, texts, internal message boards, and customer interaction and ratings; (iv) device usage and data, including calls placed or geolocation information; (v) inputs to or outputs generated by an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) that are linked to the individual; and (vi) data collected or generated on workers to mitigate the spread of infectious diseases, including COVID-19, or to comply with public health measures. 7. "Employment decisionEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7)" means any decision made 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidatesCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3) for employment, this means the equivalent of these decisions based on their contract with or relationship to 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4). 8. "Impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8)" means an evaluation by an impartial auditorImpartial auditor"Impartial auditor" means a person or entity that conducts an impact assessment of an automated employment decision tool in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment.Labor Law § 1010(9) that complies with section one thousand eleven of this article. 9. "Impartial auditorImpartial auditor"Impartial auditor" means a person or entity that conducts an impact assessment of an automated employment decision tool in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment.Labor Law § 1010(9)" means a person or entity that conducts an impact assessment of an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. 10. "Protected classProtected class"Protected class" means a class enumerated in section two hundred ninety-six of the executive law.Labor Law § 1010(10)" means a class enumerated in section two hundred ninety-six of the executive law. 11. "VendorVendor"Vendor" means any person or entity who sells, distributes, or develops for sale an automated employment decision tool to be used in an employment decision made by an employer in the state. "Vendor" includes any of the vendor's agents, contractors, or subcontractors.Labor Law § 1010(11)" means any person or entity who sells, distributes, or develops for sale an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) to be used in an employment decisionEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7) made 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) in the state. "VendorVendor"Vendor" means any person or entity who sells, distributes, or develops for sale an automated employment decision tool to be used in an employment decision made by an employer in the state. "Vendor" includes any of the vendor's agents, contractors, or subcontractors.Labor Law § 1010(11)" includes any of the vendorVendor"Vendor" means any person or entity who sells, distributes, or develops for sale an automated employment decision tool to be used in an employment decision made by an employer in the state. "Vendor" includes any of the vendor's agents, contractors, or subcontractors.Labor Law § 1010(11)'s agents, contractors, or subcontractors.
Section 1010 establishes the definitional framework for the Boundaries on Technology Act. Key defined terms include Automated employment decision tool (cross-referencing State Technology Law § 401), Employer (expressly excluding state, local government, and public authorities), Employee (including independent contractors and former employees, with a nexus test for remote workers), Employee data (an expansive definition covering biometric, health, workplace activity, and AEDT input/output data), Employment decision (covering the full spectrum from hiring through termination and workplace safety), and Vendor (encompassing sellers, distributors, and developers of AEDTs for sale, including their agents and subcontractors).
The Employee data definition is notably broad — it extends to AEDT inputs and outputs linked to an individual, workplace communications, device usage, geolocation, and COVID-related health data. The Impact assessment definition ties directly to the substantive requirements in § 1011, requiring an impartial auditor.
(1) 1 It shall be unlawful for 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) with one hundred or more employeesEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) to use an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) for an employment decisionEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7) unless such tool has been the subject of an impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8). Impact assessmentsImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8) for automated employment decision toolsAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) must: (a) be conducted no more than one year prior to the use of such tool, or where the tool was in use 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) before the effective date of this article, within six months of the effective date of this article; (b) be conducted by an impartial party with no financial or legal conflicts of interest; (c) identify and describe the attributes and modeling techniques that the tool uses to produce outputs; (d) consider, identify, and describe any outputs produced by the tool that may result in a disparate impact on persons belonging to a protected classProtected class"Protected class" means a class enumerated in section two hundred ninety-six of the executive law.Labor Law § 1010(10), and what actions may be taken 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) or vendor of the tool to reduce or remedy that disparate impact; (e) consider and describe potential sources of adverse impact against protected classesProtected class"Protected class" means a class enumerated in section two hundred ninety-six of the executive law.Labor Law § 1010(10) that may arise after the tool is deployed; (f) identify and describe any other assessment of risks of discrimination or a disparate impact of the tool on members of a protected classProtected class"Protected class" means a class enumerated in section two hundred ninety-six of the executive law.Labor Law § 1010(10) that arise over the course of the impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8), and what actions may be taken to reduce or remedy that risk; (g) for any finding of a disparate impact or limit on accessibility, evaluate whether the data set, attribute, or feature of the tool at issue is the least discriminatory method of assessing a candidateCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3)'s performance or ability to perform job functions; and (h) be submitted in its entirety or an accessible summary form to the department for inclusion in a public registry of such impact assessmentsImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8) within sixty days of completion, and distributed to employeesEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) who may be subject to the tool.
(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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) subject to the provisions of this section shall conduct or commission subsequent impact assessmentsImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8) each year that the tool is in use for employment decisionsEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7). Subsequent impact assessmentsImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8) shall comply with the requirements of subdivision one of this section, and shall assess and describe any change in the validity or disparate impact of the tool.
(3) 3 An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) or vendorVendor"Vendor" means any person or entity who sells, distributes, or develops for sale an automated employment decision tool to be used in an employment decision made by an employer in the state. "Vendor" includes any of the vendor's agents, contractors, or subcontractors.Labor Law § 1010(11) subject to the provisions of this section shall retain all documentation pertaining to the design, development, use, and data of an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) that may be necessary to conduct an impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8) for a period of three years to ensure compliance with commissioner requests for data.
(4) 4 If an initial or subsequent impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8) requires the collection of employee dataEmployee data"Employee data" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, regardless of how the information is collected, inferred, or obtained. Data includes, but is not limited to, the following: (a) personal identity information, including the individual's name, contact information, government-issued identification number, financial information, criminal background, or employment history; (b) biometric information that can be used to establish individual identity; (c) health information, including the individual's medical history, physical or mental condition, diet or physical activity patterns, heart rate, medical treatment or diagnosis by a health care professional, health insurance policy number, subscriber identification number, or other unique identifier used to identify the individual; and (d) data related to workplace activities, including the following: (i) human resources information, including the contents of an individual's personnel file or performance evaluations; (ii) work process information, such as data relating to an individual employee's performance, including but not limited to quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks; (iii) data that captures workplace communications and interactions, including emails, texts, internal message boards, and customer interaction and ratings; (iv) device usage and data, including calls placed or geolocation information; (v) inputs to or outputs generated by an automated employment decision tool that are linked to the individual; and (vi) data collected or generated on workers to mitigate the spread of infectious diseases, including COVID-19, or to comply with public health measures.Labor Law § 1010(6) to assess a tool's disparate impact on employeesEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5), such data shall be collected, processed, stored, and retained in such a manner as to protect the privacy of employeesEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5), and shall comply with any data retention and security requirements specified by the commissioner. Employee dataEmployee data"Employee data" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, regardless of how the information is collected, inferred, or obtained. Data includes, but is not limited to, the following: (a) personal identity information, including the individual's name, contact information, government-issued identification number, financial information, criminal background, or employment history; (b) biometric information that can be used to establish individual identity; (c) health information, including the individual's medical history, physical or mental condition, diet or physical activity patterns, heart rate, medical treatment or diagnosis by a health care professional, health insurance policy number, subscriber identification number, or other unique identifier used to identify the individual; and (d) data related to workplace activities, including the following: (i) human resources information, including the contents of an individual's personnel file or performance evaluations; (ii) work process information, such as data relating to an individual employee's performance, including but not limited to quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks; (iii) data that captures workplace communications and interactions, including emails, texts, internal message boards, and customer interaction and ratings; (iv) device usage and data, including calls placed or geolocation information; (v) inputs to or outputs generated by an automated employment decision tool that are linked to the individual; and (vi) data collected or generated on workers to mitigate the spread of infectious diseases, including COVID-19, or to comply with public health measures.Labor Law § 1010(6) provided to auditors for the purpose of an impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8) shall not be shared with 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4), nor shall it be shared with any person, business entity, or other organization unless strictly necessary for the completion of the impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8).
(5) 5 If an initial or subsequent impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8) concludes that a data set, feature, or application of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) results in a disparate impact on persons belonging to a protected classProtected class"Protected class" means a class enumerated in section two hundred ninety-six of the executive law.Labor Law § 1010(10), 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall refrain from using the tool until it: (a) takes reasonable and appropriate steps to remedy that disparate impact; and (b) where 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) believes the impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8) finding of a disparate impact is erroneous, or that the steps taken in accordance with paragraph (a) of this subdivision sufficiently address those findings such that the tool may be lawfully used in accordance with this article, 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall submit to the commissioner how the data set, feature, or application of the tool is the least discriminatory method of assessing an employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5)'s performance or ability to complete essential functions of a position.
(6) 6 It shall be unlawful for an impartial auditorImpartial auditor"Impartial auditor" means a person or entity that conducts an impact assessment of an automated employment decision tool in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment.Labor Law § 1010(9), vendorVendor"Vendor" means any person or entity who sells, distributes, or develops for sale an automated employment decision tool to be used in an employment decision made by an employer in the state. "Vendor" includes any of the vendor's agents, contractors, or subcontractors.Labor Law § 1010(11), or 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) to manipulate, conceal, or misrepresent the results of an impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8).
(7) Nothing in this article shall be construed as prohibiting 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) from implementing a lawful affirmative action plan or engaging in otherwise lawful efforts to reduce or eliminate bias in employment decisionsEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7).
Section 1011 imposes the bill's core impact assessment regime. Employers with 100 or more employees may not use an AEDT for an employment decision unless the tool has been subjected to a compliant impact assessment within the prior year (or within six months after the article's effective date for tools already in use). The assessment must be conducted by an impartial party free of financial or legal conflicts, and must identify the tool's attributes, modeling techniques, and any disparate impact on protected classes — including an evaluation of whether the data or features at issue represent the least discriminatory method available.
Completed assessments must be submitted to the Department of Labor for inclusion in a public registry within 60 days and distributed to affected employees. Employers and vendors must retain all design, development, and data documentation for three years. If an assessment finds disparate impact, the employer must cease using the tool until remedial steps are taken or the employer demonstrates to the Commissioner that the tool is the least discriminatory method available. Manipulation, concealment, or misrepresentation of assessment results is independently unlawful. A savings clause preserves employers' ability to maintain lawful affirmative action plans.
(1)(a)(i)–(iv), (b)(i)–(iii) 7 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) that uses an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) to assess or evaluate an employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) or candidateCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3) shall notify employeesEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) and candidatesCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3) subject to the tool before or at the time an employment decisionEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7) is made: (i) that an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) will be used in connection with the assessment or evaluation of such employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) or candidateCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3); (ii) the job qualifications and characteristics that such automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) will assess, what employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) or candidateCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3) data or attributes the tool will use to conduct that assessment, and what kind of outputs the tool will produce as an evaluation of such employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) or candidateCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3); (iii) what employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) or candidateCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3) data is collected for the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2), the source of such data and 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4)'s data retention policy. Information pursuant to this section shall not be disclosed where such disclosure would violate local, state, or federal law, or interfere with a law enforcement investigation; and (iv) for employersEmployer"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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) subject to the provisions of section one thousand eleven of this article, the results of the most recent impact assessment of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2), including any findings of a disparate impact and associated response from 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4), or information about how to access that information if publicly available. (b) The notice required by this subdivision shall be: (i) written in clear and plain language; (ii) included in each job posting or advertisement for each position for which the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) will be used; and (iii) posted on 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4)'s website in English and the ten most commonly spoken non-English languages in the state.
(2)(a) 8 Notwithstanding the provisions of section one thousand ten of this article, 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall not use an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2): (i) in such a manner that results in a violation of labor, employment, civil rights or human rights law or any other law of this state; or (ii) in a manner not consistent with the scope of the impact assessmentImpact assessment"Impact assessment" means an evaluation by an impartial auditor that complies with section one thousand eleven of this article.Labor Law § 1010(8) required by section one thousand ten of this article.
(2)(b)–(b)(i) 9 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall not solely rely on output from an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) when making hiring, promotion, termination, disciplinary, or compensation decisions. For 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) to satisfy the requirements of this paragraph: (i) 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall establish meaningful human oversight of such decisions based in whole or in part on the output of automated employment decision toolsAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2). Such meaningful human oversight of such decisions shall require consideration of information other than automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) outputs, including but not limited to: supervisory or managerial evaluations, personnel files, employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) work products, or peer reviews.
(2)(c) 10 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall not require employeesEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) or candidatesCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3) to consent to the use of an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) in an employment decisionEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7) in order to be considered for an employment decisionEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7), nor shall 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) discipline or disadvantage an employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) or candidateCandidate"Candidate" means any natural person or their authorized representative seeking employment through an application, or who is screened or evaluated for recruitment, for a position of employment by a business operating in the state.Labor Law § 1010(3) for employment as a result of their request for accommodation.
Section 1012 imposes two categories of obligations on employers using AEDTs: notice requirements and substantive use restrictions. Unlike the impact assessment requirement in § 1011, these obligations apply to any employer using an AEDT — there is no 100-employee threshold.
The notice obligation requires employers to inform employees and candidates, before or at the time of an employment decision, that an AEDT is being used, what qualifications and data it assesses, what outputs it produces, the data sources and retention policy, and (for employers subject to § 1011) the results of the most recent impact assessment including any disparate impact findings. Notice must be in plain language, included in each job posting, and posted on the employer's website in English and the ten most commonly spoken non-English languages in the state.
The substantive restrictions prohibit use that violates any labor, civil rights, or human rights law, or use inconsistent with the scope of the required impact assessment. Critically, employers may not solely rely on AEDT output for hiring, promotion, termination, discipline, or compensation decisions — they must establish meaningful human oversight that considers non-AEDT information such as supervisory evaluations, personnel files, and peer reviews. Employers also may not require employees or candidates to consent to AEDT use as a condition of being considered for an employment decision, nor discipline or disadvantage anyone for requesting accommodation.
(1)(a)–(f) 11 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall ensure that any employee dataEmployee data"Employee data" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, regardless of how the information is collected, inferred, or obtained. Data includes, but is not limited to, the following: (a) personal identity information, including the individual's name, contact information, government-issued identification number, financial information, criminal background, or employment history; (b) biometric information that can be used to establish individual identity; (c) health information, including the individual's medical history, physical or mental condition, diet or physical activity patterns, heart rate, medical treatment or diagnosis by a health care professional, health insurance policy number, subscriber identification number, or other unique identifier used to identify the individual; and (d) data related to workplace activities, including the following: (i) human resources information, including the contents of an individual's personnel file or performance evaluations; (ii) work process information, such as data relating to an individual employee's performance, including but not limited to quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks; (iii) data that captures workplace communications and interactions, including emails, texts, internal message boards, and customer interaction and ratings; (iv) device usage and data, including calls placed or geolocation information; (v) inputs to or outputs generated by an automated employment decision tool that are linked to the individual; and (vi) data collected or generated on workers to mitigate the spread of infectious diseases, including COVID-19, or to comply with public health measures.Labor Law § 1010(6) that is used by an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) for an employment decisionEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7) is accurate and, where relevant, kept up to date for a period of three years. (b) A current or former employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) whose data was used by an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) for an employment decisionEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7) has the right to request, and 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall provide, a copy of the employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5)'s own data. (c) Such requested records pursuant to this section shall be provided at no cost to the current or former employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5). A former employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) is limited to one request per year pursuant to this subdivision. (d) 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) that receives a written or oral request for information pursuant to this section shall comply with the request as soon as practicable, but no later than fourteen calendar days from the date of the request. (e) An employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall provide information pursuant to this section in English or, if applicable, in the language identified by the employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) as the primary language of such employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5). (f) 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) that does not monitor this data has no obligation to provide it.
(2)(a)–(c) 12 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) that receives an employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) request to correct inaccurate data shall investigate and determine whether such data is inaccurate. (b) If an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4), upon investigation, determines that such data is inaccurate, 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall: (i) promptly correct the inaccurate data and inform the employee of 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4)'s decision and action; (ii) review and adjust, as appropriate, any employment decisionsEmployment decision"Employment decision" means any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, selecting for recruitment, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, and workplace health and safety. For persons classified as independent contractors or for candidates for employment, this means the equivalent of these decisions based on their contract with or relationship to the employer.Labor Law § 1010(7) that were based on the inaccurate data and inform the employee of the adjustment; and (iii) inform any third parties with which the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shared the inaccurate data, or from which the employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) received the inaccurate data, and direct them to correct it, and provide the employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) with a copy of such action. (c) If an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4), upon investigation, determines that the data is accurate, 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) shall inform the employee of the decision not to amend the data, the steps taken to verify the accuracy of the data, and any evidence supporting the decision not to amend the data.
Section 1013 establishes employee data rights in the AEDT context. Employers must ensure employee data used by an AEDT is accurate and kept up to date for three years. Current and former employees have the right to obtain a copy of their own data used by the AEDT, at no cost, within 14 calendar days of a request. Former employees are limited to one request per year. Records must be provided in English or the employee's identified primary language.
The correction framework is detailed: upon receiving a correction request, the employer must investigate accuracy and, if the data is inaccurate, must (1) promptly correct it and inform the employee, (2) review and adjust any employment decisions based on the inaccurate data, and (3) notify third parties with whom the data was shared and direct them to correct it. If the employer determines the data is accurate, it must inform the employee of the decision, the verification steps taken, and the supporting evidence. A safe harbor provides that employers who do not monitor the relevant data have no obligation to produce it.
13 For purposes of this article, there shall be a rebuttable presumption of unlawful retaliation if an employerEmployer"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) in any manner discriminates, retaliates, or takes any adverse action against any employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) within ninety days of the employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5) doing either of the following: 1. Initiating the employeeEmployee"Employee" means any natural person or their authorized representative acting for, employed by, or a person classified as an independent contractor providing service to, or through, an employer operating in the state. An employee shall be deemed to be operating in the state for purposes of deeming an employee to be covered by this article if the employee works at least part time at a location in the state, or if fully remote, the employee is associated with an office in the state or supervised by a person who works at least part time at a location in the state. Employee can mean a former employee.Labor Law § 1010(5)'s first request in a calendar year for information pursuant to section one thousand thirteen of this article. 2. Making a complaint related to any violation of this article, inclusive, to the commissioner, the department, other local or state governmental agency, or 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4).
Section 1014 creates an anti-retaliation protection with a rebuttable presumption of unlawful retaliation. If an employer takes any adverse action against an employee within 90 days of the employee's first annual data request under § 1013 or a complaint about any violation of Article 35-A (to the Commissioner, Department, other government agency, or the employer itself), the presumption is that the action was retaliatory. This shifts the burden to the employer to demonstrate a legitimate, non-retaliatory basis for the action.
(1)–(2) 14 1. Any vendorVendor"Vendor" means any person or entity who sells, distributes, or develops for sale an automated employment decision tool to be used in an employment decision made by an employer in the state. "Vendor" includes any of the vendor's agents, contractors, or subcontractors.Labor Law § 1010(11) who sells, distributes, or offers for use to 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2) shall notify employersEmployer"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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) that use of such tool is subject to the requirements of this article. Such notice shall include: (a) information about the requirements of 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) under this article and the exemption from certain requirements or liability under this article according to 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4)'s size; (b) information about the penalties for non-compliance with this article and liability imposed on 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) by this article; (c) a copy of or directions on how to access any assessments of disparate impact or bias conducted by the vendorVendor"Vendor" means any person or entity who sells, distributes, or develops for sale an automated employment decision tool to be used in an employment decision made by an employer in the state. "Vendor" includes any of the vendor's agents, contractors, or subcontractors.Labor Law § 1010(11) on the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2); and (d) information on or directions on how to access more information regarding 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4)'s responsibility and liability under this article. 2. The notice required by this section shall be: (a) written in clear and plain language; (b) provided before 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) may begin use of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means the same as defined in section four hundred one of the state technology law.Labor Law § 1010(2); and (c) otherwise presented in a manner that ensures the notice clearly and effectively communicates the required information to employersEmployer"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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4).
Section 1015 imposes a standalone notice obligation on vendors — any person or entity that sells, distributes, or offers an AEDT for employer use. Before the employer may begin using the tool, the vendor must provide clear and plain-language notice informing the employer of: (a) Article 35-A's requirements and the employer's size-based exemptions; (b) penalties for non-compliance and employer liability; (c) any vendor-conducted disparate impact or bias assessments of the tool; and (d) additional information about employer responsibility and liability. This obligation runs to the vendor, not the employer, and is designed to ensure employers are aware of their legal obligations at the point of sale.
(1) The commissioner shall adopt rules and regulations implementing the provisions of this article. The commissioner shall be authorized to enforce the provisions of this article and to assess civil penalties as provided in sections two hundred fifteen and two hundred eighteen of this chapter. The civil penalties provided for in this section shall be in addition to and may be imposed concurrently with any other remedy or penalty provided for in this chapter.
(2) The attorney general may initiate in a court of competent jurisdiction action that may be appropriate or necessary for correction of any violation of this article, including mandating compliance with the provisions of this article, securing injunctive, declaratory, or such other relief as may be appropriate, ordering payment of civil penalties, and recovering damages and liquidated damages.
Section 1016 establishes a dual enforcement mechanism. The Commissioner of Labor is authorized to adopt implementing rules and regulations, enforce all provisions of Article 35-A, and assess civil penalties under Labor Law §§ 215 and 218. The Attorney General may independently initiate court actions for correction of any violation, including mandating compliance, securing injunctive or declaratory relief, ordering civil penalties, and recovering damages and liquidated damages. Civil penalties under this section are additive — they may be imposed concurrently with any other remedy or penalty available under the Labor Law. No private right of action is created.
If the commissioner determines that 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) has violated a provision of article six (payment of wages), article nineteen (minimum wage act), article nineteen-A (minimum wage standards and protective labor practices for farm workers), article twenty-one-A (warehouse worker protection act), article thirty-five-A (boundaries on technology act), section two hundred twelve-a, section two hundred twelve-b, section one hundred sixty-one (day of rest) or section one hundred sixty-two (meal periods) of this chapter, or a rule or regulation promulgated thereunder, the commissioner shall issue to 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) an order directing compliance therewith, which shall describe particularly the nature of the alleged violation. ... Where the violation is for a reason other than 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4)'s failure to pay wages, benefits or wage supplements found to be due, the order shall direct payment to the commissioner of a civil penalty in an amount not to exceed one thousand dollars for a first violation, two thousand dollars for a second violation or three thousand dollars for a third or subsequent violation. In assessing the amount of the penalty, the commissioner shall give due consideration to the size of 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4)'s business, the good faith basis of 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. Such term shall not include the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.Labor Law § 1010(4) to believe that its conduct was in compliance with the law, the gravity of the violation, the history of previous violations and, in the case of wages, benefits or supplements violations, the failure to comply with recordkeeping or other non-wage requirements.
Section 2 of the bill amends the opening paragraph of Labor Law § 218(1) to add Article 35-A (Boundaries on Technology Act) to the list of labor law provisions whose violation triggers the Commissioner's penalty authority. Under the amended § 218, for non-wage violations, civil penalties are capped at $1,000 for a first violation, $2,000 for a second, and $3,000 for a third or subsequent violation. The Commissioner must consider employer size, good faith, gravity of the violation, and violation history when assessing penalties.
This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
The act takes effect on the 180th day after becoming law. Rulemaking authority to adopt implementing regulations is authorized immediately upon enactment to ensure rules are in place by the effective date.