Regulon.AI — NY-S-08928 · NY S 8928 (AI Workforce Impact Transparency Act)

Summary

Amends New York's WARN Act to require employers issuing mass layoff, relocation, or employment loss notices to disclose whether the job losses are due in whole or in part to AI, automation, or machine-based processes. Employers must also estimate the percentage of positions affected and briefly describe the technology involved. The Commissioner of Labor must maintain a database of these reports and publish quarterly summaries analyzing AI/automation-related workforce reductions by sector and location. Establishes a two-year pilot program (the AI Innovation and Workforce Tracking Initiative) to evaluate compliance, data accuracy, and policy impacts, with a report to the governor and legislature. The bill does not create new enforcement mechanisms or penalties beyond those already available under the existing WARN Act.

Enforcement & Penalties

Enforcement Authority

Commissioner of Labor administers the reporting database and pilot program. Enforcement mechanism is not independently specified in this bill; enforcement would follow the existing WARN Act enforcement framework under New York Labor Law Article 25-A, which provides for back pay and benefits liability to affected employees for employer violations of notice requirements. No new enforcement authority or penalty structure is created by this bill.

Penalties

The bill does not create independent penalties or remedies. Violations of the underlying WARN Act notice requirements carry existing remedies under Labor Law § 860-f, including back pay and benefits for each day of violation (up to 60 days) and civil penalties of up to $500 per day of violation. This bill adds a new content requirement to the existing WARN notice but does not create separate penalty provisions for failure to include the AI/automation disclosure.

Who Is Covered

Compliance Obligations 3 obligations · click obligation ID to open requirement page

R-02 Regulatory Disclosure & Submissions · R-02.1 · Deployer · Employment

Labor Law § 860-b(1)(f)(i)-(ii)

Plain Language

Employers subject to New York's WARN Act who issue mass layoff, relocation, or employment loss notices must now include a statement disclosing whether the workforce reduction is attributable, in whole or in part, to the introduction, expansion, or adoption of AI systems, automation technologies, or machine-based processes that replaced or materially altered affected employees' duties. To the extent known at the time of notice, the employer must also estimate the percentage of positions affected and briefly describe the relevant technology or process. This is an addition to the existing WARN notice content requirements — it does not change who must file or when, only what the notice must contain.

Statutory Text

(f) (i) Each notice required under this section shall include a statement indicating whether the employment losses described are the result, in whole or in part, of the introduction, expansion, or adoption of artificial intelligence (AI) systems, automation technologies, or machine-based processes that have replaced or materially altered the duties of affected employees. (ii) Such statement shall also include, to the extent known by the employer at the time of notice: (A) The estimated percentage of positions affected due to such automation or AI integration; and (B) A brief description of the technology or process that contributed to the reduction.

R-03 Operational Performance Reporting · R-03.1 · Government · EmploymentGovernment System

Section 4(1)-(3)

Plain Language

The Commissioner of Labor must maintain a database of all AI/automation disclosures submitted under the amended WARN Act and publish quarterly summaries analyzing AI/automation-related workforce reductions by number, sector, and location. These quarterly reports must be posted publicly on the Department of Labor's website and shared with the Department of Economic Development for workforce planning purposes. This is an obligation on the Commissioner (a government actor), not on employers — but employer compliance with the disclosure requirement in § 860-b(1)(f) feeds the database.

Statutory Text

1. The commissioner of labor shall maintain a database of reports submitted under paragraph (f) of subdivision 1 of section 860-b of the labor law. 2. Such commissioner shall prepare and publish quarterly summaries analyzing the number, sector, and location of workforce reductions identified as resulting from AI or automation. 3. Such reports shall be made publicly available on the department of labor's website and shared with the department of economic development for use in workforce innovation planning and retraining programs.

Other · EmploymentGovernment System

Section 5(1)-(3)

Plain Language

The Department of Labor must establish a two-year pilot program — the AI Innovation and Workforce Tracking Initiative — within 180 days of the act's effective date. The pilot evaluates compliance rates, data accuracy, and policy impacts of the new AI/automation disclosure requirement. A report must be issued to the governor and legislature within 90 days of the pilot's completion. The Commissioner may promulgate implementing rules and regulations. This provision sunsets two years after the effective date. This is a government internal evaluation obligation, not a private-sector compliance requirement.

Statutory Text

1. The department of labor shall, within 180 days of the effective date of this act, establish a two-year pilot program known as the AI Innovation and Workforce Tracking Initiative. 2. The program shall evaluate compliance, data accuracy, and policy impacts of the reporting requirement, and issue a report to the governor and the legislature within 90 days after completion of the pilot period established pursuant to subdivision one of this section. 3. The commissioner of labor may promulgate such rules and regulations as necessary to implement the provisions of this act.