Assembly Bill A10251

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10251
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to limiting the use of  auto-
   matic data systems in connection with employment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The labor law is amended by adding a new article 38 to read
 as follows:
                                 ARTICLE 38
                        AUTOMATED DECISION SYSTEMS
 SECTION 1075. DEFINITIONS.
         1076. AUTOMATED DECISION SYSTEM PRE-USE NOTICE.
         1077. EMPLOYER REQUIREMENTS.
         1078. AUTOMATED DECISION SYSTEM POST-USE NOTICE.
         1079. ENFORCEMENT.
         1080. CONSTRUCTION.
         1081. SEVERABILITY.
   § 1075. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "ARTIFICIAL INTELLIGENCE"  MEANS  AN  ENGINEERED  OR  MACHINE-BASED
 SYSTEM  THAT  VARIES IN ITS LEVEL OF AUTONOMY AND THAT CAN, FOR EXPLICIT
 OR IMPLICIT OBJECTIVES, INFER FROM THE INPUT IT RECEIVES HOW TO GENERATE
 OUTPUTS THAT CAN INFLUENCE PHYSICAL OR VIRTUAL ENVIRONMENTS.
   2.  "AUTHORIZED  REPRESENTATIVE"  MEANS  ANY  PERSON  OR  ORGANIZATION
 APPOINTED  BY  THE WORKER TO SERVE AS AN AGENT OF THE WORKER. AUTHORIZED
 REPRESENTATIVE SHALL NOT INCLUDE A WORKER'S EMPLOYER.
   3. "AUTOMATED DECISION SYSTEM" OR "ADS" MEANS ANY COMPUTATIONAL  PROC-
 ESS DERIVED FROM MACHINE LEARNING, STATISTICAL MODELING, DATA ANALYTICS,
 OR  ARTIFICIAL  INTELLIGENCE  THAT ISSUES SIMPLIFIED OUTPUT, INCLUDING A
 SCORE, CLASSIFICATION, OR RECOMMENDATION, THAT  IS  USED  TO  ASSIST  OR
 REPLACE  HUMAN  DISCRETIONARY  DECISION  MAKING  AND  MATERIALLY IMPACTS
 NATURAL PERSONS. AN AUTOMATED DECISION SYSTEM DOES NOT  INCLUDE  A  SPAM
 EMAIL  FILTER, FIREWALL, ANTIVIRUS SOFTWARE, IDENTITY AND ACCESS MANAGE-
 MENT TOOLS, CALCULATOR, DATABASE, DATASET, OR OTHER COMPILATION OF DATA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14684-01-6
              

 A. 10251                            2
 
   4. "ADS OUTPUT" MEANS ANY INFORMATION, DATA, ASSUMPTIONS, PREDICTIONS,
 SCORING, RECOMMENDATIONS, DECISIONS, OR CONCLUSIONS GENERATED BY AN ADS.
   5.  "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  EMPLOY-
 MENT,  OF  ANY  WORKER. THIS SHALL INCLUDE ALL BRANCHES OF STATE GOVERN-
 MENT, OR THE SEVERAL COUNTIES, CITIES AND COUNTIES,  AND  MUNICIPALITIES
 THEREOF,  OR  ANY  OTHER POLITICAL SUBDIVISION OF THE STATE, OR A SCHOOL
 DISTRICT, OR ANY SPECIAL DISTRICT,  OR  ANY  AUTHORITY,  COMMISSION,  OR
 BOARD OR ANY OTHER AGENCY OR INSTRUMENTALITY THEREOF.
   6.  "EMPLOYMENT-RELATED  DECISION"  MEANS  ANY DECISION BY AN EMPLOYER
 THAT MATERIALLY IMPACTS A WORKER'S WAGES, BENEFITS,  COMPENSATION,  WORK
 HOURS,   WORK  SCHEDULE,  PERFORMANCE  EVALUATION,  HIRING,  DISCIPLINE,
 PROMOTION, TERMINATION, JOB TASKS, SKILL REQUIREMENTS, WORK RESPONSIBIL-
 ITIES, ASSIGNMENT OF WORK, ACCESS TO WORK  AND  TRAINING  OPPORTUNITIES,
 PRODUCTIVITY REQUIREMENTS, OR WORKPLACE HEALTH AND SAFETY.
   7.  "QUOTA"  MEANS A WORK STANDARD UNDER WHICH A WORKER IS ASSIGNED OR
 REQUIRED TO PERFORM AT A SPECIFIED  PRODUCTIVITY  SPEED,  TO  PERFORM  A
 QUANTIFIED  NUMBER OF TASKS, OR TO HANDLE OR PRODUCE A QUANTIFIED AMOUNT
 OF MATERIAL, WITHIN A DEFINED TIME PERIOD AND UNDER WHICH THE WORKER MAY
 SUFFER AN ADVERSE  EMPLOYMENT  ACTION  IF  THEY  FAIL  TO  COMPLETE  THE
 PERFORMANCE STANDARD.
   8.  "WORKER"  MEANS  ANY  NATURAL  PERSON WHO IS AN EMPLOYEE OF, OR AN
 INDEPENDENT CONTRACTOR PROVIDING SERVICE TO, OR THROUGH, A BUSINESS OR A
 STATE OR LOCAL GOVERNMENTAL ENTITY IN ANY WORKPLACE.
   9. "WORKER DATA" MEANS ANY INFORMATION THAT IDENTIFIES, RELATES TO, OR
 DESCRIBES A WORKER, REGARDLESS OF  HOW  THE  INFORMATION  IS  COLLECTED,
 INFERRED, OR OBTAINED.
   § 1076. AUTOMATED DECISION SYSTEM PRE-USE NOTICE. 1. AN EMPLOYER SHALL
 PROVIDE  A WRITTEN NOTICE THAT AN ADS, FOR THE PURPOSE OF MAKING EMPLOY-
 MENT-RELATED DECISIONS, NOT INCLUDING HIRING, IS IN USE AT THE WORKPLACE
 TO A WORKER WHO WILL FORESEEABLY BE DIRECTLY AFFECTED  BY  THE  ADS,  OR
 THEIR AUTHORIZED REPRESENTATIVE, ACCORDING TO THE FOLLOWING:
   (A)  AT  LEAST  THIRTY  DAYS  BEFORE  AN  ADS IS FIRST DEPLOYED BY THE
 EMPLOYER;
   (B) IF THE EMPLOYER IS USING AN ADS TO ASSIST IN MAKING EMPLOYMENT-RE-
 LATED DECISIONS ON THE EFFECTIVE DATE OF THIS  ARTICLE,  NO  LATER  THAN
 JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN; OR
   (C) TO A NEW WORKER WITHIN THIRTY DAYS OF HIRING THE WORKER.
   2.  AN EMPLOYER SHALL MAINTAIN AN UPDATED LIST OF ALL ADS CURRENTLY IN
 USE.
   3. THE NOTICE REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL COMPLY
 WITH ALL OF THE FOLLOWING:
   (A) IT SHALL BE WRITTEN IN PLAIN LANGUAGE AS A  SEPARATE,  STAND-ALONE
 COMMUNICATION;
   (B)  IT  SHALL  BE  WRITTEN  IN THE LANGUAGE IN WHICH ROUTINE COMMUNI-
 CATIONS AND OTHER INFORMATION ARE PROVIDED TO WORKERS;
   (C) IT SHALL BE PROVIDED VIA A SIMPLE AND EASY-TO-USE METHOD,  INCLUD-
 ING,  BUT  NOT LIMITED TO, AN EMAIL, HYPERLINK, OR OTHER WRITTEN FORMAT;
 AND
   (D) IT SHALL CONTAIN THE FOLLOWING INFORMATION:
   (I) THE TYPE OF EMPLOYMENT-RELATED DECISIONS POTENTIALLY  AFFECTED  BY
 THE ADS;
 A. 10251                            3
 
   (II)  A GENERAL DESCRIPTION OF THE CATEGORIES OF WORKER INPUT DATA THE
 ADS WILL USE, THE SOURCES OF WORKER INPUT DATA,  AND  HOW  WORKER  INPUT
 DATA WILL BE COLLECTED;
   (III) ANY KEY PARAMETERS KNOWN TO DISPROPORTIONATELY AFFECT THE OUTPUT
 OF THE ADS;
   (IV) THE NAMES AND CONTACT INFORMATION OF THE INDIVIDUALS, VENDORS, OR
 ENTITIES THAT CREATED THE ADS;
   (V)  IF  APPLICABLE, A DESCRIPTION OF EACH QUOTA SET OR MEASURED BY AN
 ADS TO WHICH THE WORKER IS SUBJECT, INCLUDING THE QUANTIFIED  NUMBER  OF
 TASKS  TO  BE  PERFORMED  OR  PRODUCTS TO BE PRODUCED, AND ANY POTENTIAL
 ADVERSE EMPLOYMENT ACTION THAT COULD RESULT FROM  FAILURE  TO  MEET  THE
 QUOTA,  AS WELL AS WHETHER THOSE QUOTAS ARE SUBJECT TO CHANGE AND IF ANY
 NOTICE IS GIVEN OF CHANGES IN QUOTAS;
   (VI) A DESCRIPTION OF THE WORKER'S RIGHT TO  ACCESS  AND  CORRECT  THE
 WORKER'S DATA USED BY THE ADS; AND
   (VII)  A  STATEMENT  THAT  THE EMPLOYER IS PROHIBITED FROM RETALIATING
 AGAINST WORKERS FOR EXERCISING THE RIGHTS DESCRIBED IN SUBPARAGRAPH (VI)
 OF THIS PARAGRAPH.
   4. AN EMPLOYER SHALL NOTIFY A JOB APPLICANT UPON RECEIVING THE  APPLI-
 CATION  THAT  THE EMPLOYER UTILIZES AN ADS WHEN MAKING HIRING DECISIONS,
 IF THE EMPLOYER WILL USE THE ADS IN MAKING DECISIONS FOR THAT  POSITION.
 NOTIFICATIONS MAY BE MADE USING AN AUTOMATIC REPLY MECHANISM OR ON A JOB
 POSTING.
   §  1077. EMPLOYER REQUIREMENTS. 1. AN EMPLOYER SHALL NOT USE AN ADS TO
 DO ANY OF THE FOLLOWING:
   (A) PREVENT COMPLIANCE WITH OR VIOLATE ANY FEDERAL,  STATE,  OR  LOCAL
 LABOR,  OCCUPATIONAL HEALTH AND SAFETY, EMPLOYMENT, OR CIVIL RIGHTS LAWS
 OR REGULATIONS;
   (B) INFER A WORKER'S PROTECTED STATUS COVERED UNDER PARAGRAPH  (A)  OF
 SUBDIVISION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW;
   (C) IDENTIFY, PROFILE, PREDICT, OR TAKE ADVERSE ACTION AGAINST A WORK-
 ER  FOR  EXERCISING  THEIR  LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO,
 RIGHTS GUARANTEED BY STATE AND FEDERAL EMPLOYMENT AND LABOR LAW; OR
   (D) COLLECT WORKER DATA FOR A PURPOSE THAT IS NOT  DISCLOSED  PURSUANT
 TO  THE  NOTICE REQUIREMENTS IN SECTION ONE THOUSAND SEVENTY-SIX OF THIS
 ARTICLE.
   2. (A) AN EMPLOYER SHALL NOT RELY SOLELY  ON  AN  ADS  WHEN  MAKING  A
 DISCIPLINE, TERMINATION, OR DEACTIVATION DECISION.
   (B)  WHEN  AN EMPLOYER RELIES PRIMARILY ON ADS OUTPUT TO MAKE A DISCI-
 PLINE, TERMINATION, OR DEACTIVATION DECISION, THE EMPLOYER SHALL  USE  A
 HUMAN  REVIEWER  TO  REVIEW  THE ADS OUTPUT AND COMPILE AND REVIEW OTHER
 INFORMATION THAT IS RELEVANT TO THE DECISION, IF ANY.  FOR  PURPOSES  OF
 THIS  PARAGRAPH, "OTHER INFORMATION" MAY INCLUDE, BUT IS NOT LIMITED TO,
 ANY OF THE FOLLOWING:
   (I) SUPERVISORY OR MANAGERIAL EVALUATIONS;
   (II) PERSONNEL FILES;
   (III) WORK PRODUCT OF WORKERS;
   (IV) PEER REVIEWS; AND
   (V) WITNESS INTERVIEWS, THAT  MAY  INCLUDE  RELEVANT  ONLINE  CUSTOMER
 REVIEWS.
   (C)  AN EMPLOYER SHALL NOT USE CUSTOMER RATINGS AS THE ONLY OR PRIMARY
 INPUT DATA FOR AN ADS TO MAKE EMPLOYMENT-RELATED DECISIONS.
   3. A WORKER SHALL HAVE THE RIGHT TO REQUEST,  AND  AN  EMPLOYER  SHALL
 PROVIDE,  A  COPY  OF  THE MOST RECENT TWELVE MONTHS OF THE WORKER'S OWN
 DATA PRIMARILY USED BY AN ADS TO  MAKE  A  DISCIPLINE,  TERMINATION,  OR
 DEACTIVATION  DECISION.  A WORKER IS LIMITED TO ONE REQUEST EVERY TWELVE
 A. 10251                            4
 
 MONTHS FOR A COPY OF THEIR OWN DATA USED BY AN ADS TO MAKE A DISCIPLINE,
 TERMINATION, OR DEACTIVATION DECISION.
   4. FOR PURPOSES OF SAFEGUARDING THE PRIVACY RIGHTS OF CONSUMERS, WORK-
 ERS,  AND  INDIVIDUALS,  WHEN  AN EMPLOYER IS REQUIRED TO PROVIDE WORKER
 DATA PURSUANT TO THIS PART, THAT WORKER DATA  SHALL  BE  PROVIDED  IN  A
 MANNER  THAT  ANONYMIZES THE CUSTOMER'S, OTHER WORKER'S, OR INDIVIDUAL'S
 PERSONAL INFORMATION.
   § 1078. AUTOMATED DECISION SYSTEM POST-USE NOTICE.  AN  EMPLOYER  THAT
 PRIMARILY RELIED ON AN ADS TO MAKE A DISCIPLINE, TERMINATION, OR DEACTI-
 VATION  DECISION SHALL PROVIDE THE AFFECTED WORKER WITH A WRITTEN NOTICE
 AT THE TIME THE EMPLOYER INFORMS THE WORKER OF THE DECISION. THE  NOTICE
 SHALL COMPLY WITH ALL OF THE FOLLOWING:
   1.  IT  SHALL  BE WRITTEN IN PLAIN LANGUAGE AS A SEPARATE, STAND-ALONE
 COMMUNICATION;
   2. IT SHALL BE WRITTEN IN THE LANGUAGE IN WHICH ROUTINE COMMUNICATIONS
 AND OTHER INFORMATION ARE PROVIDED TO WORKERS;
   3. IT SHALL BE PROVIDED VIA A SIMPLE AND EASY-TO-USE  METHOD,  INCLUD-
 ING,  BUT  NOT LIMITED TO, AN EMAIL, HYPERLINK, OR OTHER WRITTEN FORMAT;
 AND
   4. IT SHALL CONTAIN THE FOLLOWING INFORMATION:
   (A) THE HUMAN TO CONTACT FOR MORE INFORMATION ABOUT THE  DECISION  AND
 THE  ABILITY TO REQUEST A COPY OF THE WORKER'S OWN WORKER DATA RELIED ON
 IN THE DECISION;
   (B) THAT THE EMPLOYER USED AN ADS TO ASSIST THE  EMPLOYER  IN  ONE  OR
 MORE  DISCIPLINE, TERMINATION, OR DEACTIVATION DECISIONS WITH RESPECT TO
 THE WORKER;
   (C) THAT THE WORKER HAS THE RIGHT TO REQUEST A COPY  OF  THE  WORKER'S
 DATA USED BY THE ADS; AND
   (D) THAT THE EMPLOYER IS PROHIBITED FROM RETALIATING AGAINST THE WORK-
 ER FOR EXERCISING THEIR RIGHTS UNDER PARAGRAPH (C) OF THIS SUBDIVISION.
   §  1079.  ENFORCEMENT. 1. AN EMPLOYER SHALL NOT DISCHARGE, THREATEN TO
 DISCHARGE, DEMOTE, SUSPEND, OR IN ANY MANNER DISCRIMINATE  OR  RETALIATE
 AGAINST  ANY  WORKER  FOR  USING OR ATTEMPTING TO USE THEIR RIGHTS UNDER
 THIS PART, FILING A COMPLAINT ALLEGING A VIOLATION OF THIS PART, COOPER-
 ATING IN AN INVESTIGATION OR PROSECUTION OF AN ALLEGED VIOLATION OF THIS
 PART, OR ANY ACTION TAKEN BY THE WORKER  TO  INVOKE  OR  ASSIST  IN  ANY
 MANNER  THE ENFORCEMENT OF THIS PART, OR FOR EXERCISING OR ATTEMPTING TO
 EXERCISE ANY RIGHT PROTECTED UNDER THIS PART.
   2. (A) THE COMMISSIONER SHALL ENFORCE THIS ARTICLE, INCLUDING INVESTI-
 GATING AN ALLEGED VIOLATION, AND ORDERING APPROPRIATE  TEMPORARY  RELIEF
 TO  MITIGATE  A  VIOLATION  OR  MAINTAIN  THE  STATUS  QUO  PENDING  THE
 COMPLETION OF A FULL INVESTIGATION OR HEARING BY THE DEPARTMENT, INCLUD-
 ING ISSUING A CITATION AGAINST AN EMPLOYER WHO VIOLATES THIS ARTICLE AND
 FILING A CIVIL ACTION.
   (B) ANY VIOLATION OF THIS ARTICLE SHALL BE SUBJECT TO  ENFORCEMENT  IN
 THE  SAME  MANNER  AS  PRESCRIBED IN SECTION TWO HUNDRED FIFTEEN OF THIS
 CHAPTER.
   3. IN ANY CIVIL ACTION BROUGHT PURSUANT TO PARAGRAPH  (A)  OR  (B)  OF
 SUBDIVISION  TWO OF THIS SECTION IN SUPERIOR COURT IN ANY COUNTY WHEREIN
 THE VIOLATION IN QUESTION IS ALLEGED TO HAVE OCCURRED,  OR  WHEREIN  THE
 PERSON  RESIDES OR TRANSACTS BUSINESS, THE PETITIONER MAY SEEK APPROPRI-
 ATE TEMPORARY  OR  PRELIMINARY  INJUNCTIVE  RELIEF,  INCLUDING  PUNITIVE
 DAMAGES,  AND  REASONABLE ATTORNEY'S FEES AND COSTS AS PART OF THE COSTS
 OF ANY SUCH ACTION FOR DAMAGES.
   4. AN EMPLOYER WHO VIOLATES THIS PART SHALL  BE  SUBJECT  TO  A  CIVIL
 PENALTY  OF  FIVE  HUNDRED  DOLLARS  PER  VIOLATION.  USE  OF  AN ADS IN
 A. 10251                            5
 
 VIOLATION OF THIS ARTICLE WITH RESPECT TO MULTIPLE WORKERS SIMULTANEOUS-
 LY OR WITH RESPECT TO ONE WORKER ON SEPARATE OCCASIONS  WILL  CONSTITUTE
 SEPARATE VIOLATIONS.
   § 1080. CONSTRUCTION. 1. THIS ARTICLE DOES NOT PREEMPT ANY CITY, COUN-
 TY,  OR  CITY  AND  COUNTY  ORDINANCE  THAT  PROVIDES  EQUAL  OR GREATER
 PROTECTION TO WORKERS WHO ARE COVERED BY THIS ARTICLE.
   2. AN EMPLOYER WHO COMPLIES WITH THE REQUIREMENTS  RELATED  TO  NOTICE
 UNDER THIS PART IS NOT REQUIRED TO COMPLY WITH ANY SUBSTANTIALLY SIMILAR
 NOTICE PROVISIONS RELATED TO AUTOMATED DECISION SYSTEMS USED FOR EMPLOY-
 MENT-RELATED DECISIONS REQUIRED UNDER ANY OTHER STATE LAW.
   3. THE PROVISIONS OF THIS PART SHALL NOT APPLY TO PARTIES COVERED BY A
 COLLECTIVE  BARGAINING AGREEMENT IF THE AGREEMENT EXPLICITLY WAIVES THIS
 PART IN CLEAR AND UNAMBIGUOUS TERMS, EXPRESSLY PROVIDES FOR THE WAGES OR
 EARNING, WORKING CONDITIONS, AND OTHER TERMS AND CONDITIONS OF WORK, AND
 PROVIDES PROTECTION FROM ALGORITHMIC MANAGEMENT.
   4. THIS PART DOES NOT PROHIBIT ANY EMPLOYER FROM COMPLYING WITH  REGU-
 LATORY  OR  CONTRACTUAL  REQUIREMENTS  IN  THE  PROVISION OF PRODUCTS OR
 SERVICES TO THE FEDERAL GOVERNMENT.
   § 1081. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
 SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
 TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR,
 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
 TION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,  SECTION  OR  PART
 THEREOF  DIRECTLY  INVOLVED  IN  THE  CONTROVERSY IN WHICH SUCH JUDGMENT
 SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF  THE
 LEGISLATURE  THAT  THIS  ARTICLE  WOULD  HAVE  BEEN ENACTED EVEN IF SUCH
 INVALID PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly,  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.