Senate Bill S10147

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10147
 
                             I N  S E N A T E
 
                              April 30, 2026
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to  restricting  the  use  of
   electronic monitoring and automated employment decision tools
 
   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  35-A  to
 read as follows:
                               ARTICLE 35-A
                       BOUNDARIES ON TECHNOLOGY ACT
 SECTION 1010. DEFINITIONS.
         1011. AUTOMATED EMPLOYMENT DECISION TOOLS; IMPACT ASSESSMENTS.
         1012. AUTOMATED    EMPLOYMENT   DECISION   TOOLS;   NOTICE   AND
                 RESTRICTIONS.
         1013. DATA ACCESS, ACCURACY, AND CORRECTION.
         1014. UNLAWFUL RETALIATION.
         1015. VENDOR NOTICE.
         1016. ENFORCEMENT.
   § 1010. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING
 TERMS HAVE THE FOLLOWING MEANINGS:
   1. "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.
   2. "AUTOMATED EMPLOYMENT DECISION TOOL" MEANS THE SAME AS  DEFINED  IN
 SECTION FOUR HUNDRED ONE OF THE STATE TECHNOLOGY LAW.
   3.  "CANDIDATE" MEANS ANY NATURAL PERSON OR THEIR AUTHORIZED REPRESEN-
 TATIVE 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. "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.  SUCH TERM SHALL NOT INCLUDE THE STATE,  ANY  POLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00754-06-6
 S. 10147                            2
 
 TICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERN-
 MENTAL AGENCY OR INSTRUMENTALITY.
   5.  "EMPLOYEE"  MEANS ANY NATURAL PERSON OR THEIR AUTHORIZED REPRESEN-
 TATIVE 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.
   6. "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  EMPLOY-
 EE,  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 INDIVID-
 UAL'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  INTER-
 ACTION 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.
   7.  "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 SAFE-
 TY.  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.
   8.  "IMPACT  ASSESSMENT"  MEANS  AN EVALUATION BY AN IMPARTIAL AUDITOR
 THAT COMPLIES WITH SECTION ONE THOUSAND ELEVEN OF THIS ARTICLE.
 S. 10147                            3
 
   9. "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.
   10.  "PROTECTED CLASS" MEANS A CLASS ENUMERATED IN SECTION TWO HUNDRED
 NINETY-SIX OF THE EXECUTIVE LAW.
   11. "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.
   § 1011. AUTOMATED EMPLOYMENT DECISION TOOLS; IMPACT ASSESSMENTS. 1. IT
 SHALL  BE UNLAWFUL FOR AN EMPLOYER WITH ONE HUNDRED OR MORE EMPLOYEES TO
 USE AN AUTOMATED EMPLOYMENT DECISION TOOL  FOR  AN  EMPLOYMENT  DECISION
 UNLESS  SUCH  TOOL HAS BEEN THE SUBJECT OF AN IMPACT ASSESSMENT.  IMPACT
 ASSESSMENTS FOR AUTOMATED EMPLOYMENT DECISION TOOLS 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 EMPLOYER BEFORE THE EFFECTIVE DATE
 OF THIS ARTICLE, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF  THIS  ARTI-
 CLE;
   (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 CLASS, AND WHAT ACTIONS MAY BE TAKEN BY THE EMPLOYER OR VENDOR
 OF THE TOOL TO REDUCE OR REMEDY THAT DISPARATE IMPACT;
   (E)  CONSIDER AND DESCRIBE POTENTIAL SOURCES OF ADVERSE IMPACT AGAINST
 PROTECTED CLASSES THAT MAY ARISE AFTER THE TOOL IS DEPLOYED;
   (F) IDENTIFY AND DESCRIBE ANY OTHER ASSESSMENT OF RISKS  OF  DISCRIMI-
 NATION OR A DISPARATE IMPACT OF THE TOOL ON MEMBERS OF A PROTECTED CLASS
 THAT  ARISE  OVER  THE COURSE OF THE IMPACT ASSESSMENT, 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  CANDIDATE'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 ASSESSMENTS
 WITHIN SIXTY DAYS OF COMPLETION, AND DISTRIBUTED TO EMPLOYEES WHO MAY BE
 SUBJECT TO THE TOOL.
   2. AN EMPLOYER SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL CONDUCT
 OR COMMISSION SUBSEQUENT IMPACT ASSESSMENTS EACH YEAR THAT THE  TOOL  IS
 IN  USE  FOR EMPLOYMENT DECISIONS.   SUBSEQUENT IMPACT ASSESSMENTS 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.  AN  EMPLOYER  OR  VENDOR SUBJECT TO THE PROVISIONS OF THIS SECTION
 SHALL RETAIN ALL DOCUMENTATION PERTAINING TO  THE  DESIGN,  DEVELOPMENT,
 USE,  AND  DATA  OF  AN  AUTOMATED  EMPLOYMENT DECISION TOOL THAT MAY BE
 NECESSARY TO CONDUCT AN IMPACT ASSESSMENT FOR A PERIOD OF THREE YEARS TO
 ENSURE COMPLIANCE WITH COMMISSIONER REQUESTS FOR DATA.
   4.  IF  AN  INITIAL  OR  SUBSEQUENT  IMPACT  ASSESSMENT  REQUIRES  THE
 COLLECTION  OF  EMPLOYEE  DATA  TO  ASSESS  A TOOL'S DISPARATE IMPACT ON
 EMPLOYEES, SUCH DATA SHALL BE COLLECTED, PROCESSED, STORED, AND RETAINED
 IN SUCH A MANNER AS TO PROTECT  THE  PRIVACY  OF  EMPLOYEES,  AND  SHALL
 S. 10147                            4

 COMPLY  WITH  ANY  DATA RETENTION AND SECURITY REQUIREMENTS SPECIFIED BY
 THE COMMISSIONER. EMPLOYEE DATA PROVIDED TO AUDITORS FOR THE PURPOSE  OF
 AN IMPACT ASSESSMENT SHALL NOT BE SHARED WITH THE EMPLOYER, NOR SHALL IT
 BE SHARED WITH ANY PERSON, BUSINESS ENTITY, OR OTHER ORGANIZATION UNLESS
 STRICTLY NECESSARY FOR THE COMPLETION OF THE IMPACT ASSESSMENT.
   5. IF AN INITIAL OR SUBSEQUENT IMPACT ASSESSMENT CONCLUDES THAT A DATA
 SET,  FEATURE,  OR APPLICATION OF THE AUTOMATED EMPLOYMENT DECISION TOOL
 RESULTS IN A DISPARATE IMPACT ON PERSONS BELONGING TO A PROTECTED CLASS,
 AN EMPLOYER SHALL REFRAIN FROM USING THE TOOL UNTIL IT:
   (A) TAKES REASONABLE AND APPROPRIATE STEPS TO  REMEDY  THAT  DISPARATE
 IMPACT; AND
   (B)  WHERE  THE  EMPLOYER  BELIEVES THE IMPACT ASSESSMENT FINDING OF A
 DISPARATE IMPACT IS ERRONEOUS, OR THAT THE  STEPS  TAKEN  IN  ACCORDANCE
 WITH  PARAGRAPH (A) OF THIS SUBDIVISION SUFFICIENTLY ADDRESS THOSE FIND-
 INGS SUCH THAT THE TOOL MAY BE LAWFULLY USED  IN  ACCORDANCE  WITH  THIS
 ARTICLE, THE EMPLOYER SHALL SUBMIT TO THE COMMISSIONER HOW THE DATA SET,
 FEATURE,  OR  APPLICATION OF THE TOOL IS THE LEAST DISCRIMINATORY METHOD
 OF ASSESSING AN EMPLOYEE'S PERFORMANCE OR ABILITY TO COMPLETE  ESSENTIAL
 FUNCTIONS OF A POSITION.
   6.  IT SHALL BE UNLAWFUL FOR AN IMPARTIAL AUDITOR, VENDOR, OR EMPLOYER
 TO MANIPULATE, CONCEAL, OR MISREPRESENT THE RESULTS OF AN IMPACT ASSESS-
 MENT.
   7. NOTHING IN THIS  ARTICLE  SHALL  BE  CONSTRUED  AS  PROHIBITING  AN
 EMPLOYER  FROM IMPLEMENTING A LAWFUL AFFIRMATIVE ACTION PLAN OR ENGAGING
 IN OTHERWISE LAWFUL EFFORTS TO REDUCE OR ELIMINATE  BIAS  IN  EMPLOYMENT
 DECISIONS.
   §  1012. AUTOMATED EMPLOYMENT DECISION TOOLS; NOTICE AND RESTRICTIONS.
 1. (A) ANY EMPLOYER THAT USES AN AUTOMATED EMPLOYMENT DECISION  TOOL  TO
 ASSESS  OR  EVALUATE AN EMPLOYEE OR CANDIDATE SHALL NOTIFY EMPLOYEES AND
 CANDIDATES SUBJECT TO THE TOOL BEFORE OR AT THE TIME AN EMPLOYMENT DECI-
 SION IS MADE:
   (I) THAT AN  AUTOMATED  EMPLOYMENT  DECISION  TOOL  WILL  BE  USED  IN
 CONNECTION  WITH THE ASSESSMENT OR EVALUATION OF SUCH EMPLOYEE OR CANDI-
 DATE;
   (II) THE JOB QUALIFICATIONS AND CHARACTERISTICS  THAT  SUCH  AUTOMATED
 EMPLOYMENT DECISION TOOL WILL ASSESS, WHAT EMPLOYEE OR CANDIDATE 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  EMPLOYEE  OR
 CANDIDATE;
   (III)  WHAT  EMPLOYEE OR CANDIDATE DATA IS COLLECTED FOR THE AUTOMATED
 EMPLOYMENT DECISION TOOL, THE SOURCE OF SUCH  DATA  AND  THE  EMPLOYER'S
 DATA  RETENTION POLICY.   INFORMATION PURSUANT TO THIS SECTION SHALL NOT
 BE DISCLOSED WHERE SUCH DISCLOSURE WOULD VIOLATE LOCAL, STATE, OR FEDER-
 AL LAW, OR INTERFERE WITH A LAW ENFORCEMENT INVESTIGATION; AND
   (IV) FOR EMPLOYERS 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 TOOL, INCLUDING ANY FINDINGS OF A
 DISPARATE IMPACT AND ASSOCIATED RESPONSE FROM THE EMPLOYER, OR  INFORMA-
 TION 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 TOOL WILL BE USED; AND
   (III) POSTED ON THE EMPLOYER'S WEBSITE IN ENGLISH  AND  THE  TEN  MOST
 COMMONLY SPOKEN NON-ENGLISH LANGUAGES IN THE STATE.
 S. 10147                            5

   2.  (A)  NOTWITHSTANDING THE PROVISIONS OF SECTION ONE THOUSAND TEN OF
 THIS ARTICLE, AN EMPLOYER SHALL NOT USE AN AUTOMATED EMPLOYMENT DECISION
 TOOL:
   (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 ASSESS-
 MENT REQUIRED BY SECTION ONE THOUSAND TEN OF THIS ARTICLE.
   (B) AN EMPLOYER SHALL NOT SOLELY RELY  ON  OUTPUT  FROM  AN  AUTOMATED
 EMPLOYMENT  DECISION  TOOL  WHEN  MAKING HIRING, PROMOTION, TERMINATION,
 DISCIPLINARY, OR COMPENSATION DECISIONS.  FOR AN EMPLOYER TO SATISFY THE
 REQUIREMENTS OF THIS PARAGRAPH:
   (I) AN EMPLOYER SHALL ESTABLISH MEANINGFUL  HUMAN  OVERSIGHT  OF  SUCH
 DECISIONS  BASED  IN WHOLE OR IN PART ON THE OUTPUT OF AUTOMATED EMPLOY-
 MENT DECISION TOOLS. SUCH MEANINGFUL HUMAN OVERSIGHT OF  SUCH  DECISIONS
 SHALL  REQUIRE  CONSIDERATION  OF    INFORMATION    OTHER THAN AUTOMATED
 EMPLOYMENT DECISION TOOL OUTPUTS, INCLUDING BUT NOT LIMITED TO: SUPERVI-
 SORY OR MANAGERIAL EVALUATIONS, PERSONNEL FILES, EMPLOYEE WORK PRODUCTS,
 OR PEER REVIEWS.
   (C) AN EMPLOYER SHALL NOT REQUIRE EMPLOYEES OR CANDIDATES  TO  CONSENT
 TO  THE  USE OF AN AUTOMATED EMPLOYMENT  DECISION  TOOL IN AN EMPLOYMENT
 DECISION IN ORDER TO BE CONSIDERED FOR AN EMPLOYMENT DECISION, NOR SHALL
 AN EMPLOYER DISCIPLINE OR  DISADVANTAGE  AN  EMPLOYEE  OR CANDIDATE  FOR
 EMPLOYMENT AS A RESULT OF THEIR REQUEST FOR ACCOMMODATION.
   §  1013.  DATA  ACCESS,  ACCURACY, AND CORRECTION. 1.  (A) AN EMPLOYER
 SHALL ENSURE THAT ANY EMPLOYEE DATA THAT IS USED BY AN AUTOMATED EMPLOY-
 MENT DECISION TOOL FOR AN EMPLOYMENT DECISION  IS  ACCURATE  AND,  WHERE
 RELEVANT, KEPT UP TO DATE FOR A PERIOD OF THREE YEARS.
   (B)  A  CURRENT OR FORMER EMPLOYEE WHOSE DATA WAS USED BY AN AUTOMATED
 EMPLOYMENT DECISION TOOL FOR AN EMPLOYMENT DECISION  HAS  THE  RIGHT  TO
 REQUEST,  AND  THE  EMPLOYER SHALL PROVIDE, A COPY OF THE EMPLOYEE'S OWN
 DATA.
   (C) SUCH REQUESTED RECORDS PURSUANT TO THIS SECTION SHALL BE  PROVIDED
 AT  NO  COST  TO  THE  CURRENT  OR FORMER EMPLOYEE. A FORMER EMPLOYEE IS
 LIMITED TO ONE REQUEST PER YEAR PURSUANT TO THIS SUBDIVISION.
   (D) AN EMPLOYER THAT RECEIVES A WRITTEN OR ORAL REQUEST  FOR  INFORMA-
 TION   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 EMPLOYER SHALL PROVIDE INFORMATION PURSUANT TO THIS SECTION IN
 ENGLISH OR, IF APPLICABLE, IN THE LANGUAGE IDENTIFIED BY THE EMPLOYEE AS
 THE PRIMARY LANGUAGE OF SUCH EMPLOYEE.
   (F) AN EMPLOYER THAT DOES NOT MONITOR THIS DATA HAS NO  OBLIGATION  TO
 PROVIDE IT.
   2.  (A) AN EMPLOYER THAT RECEIVES AN EMPLOYEE REQUEST TO CORRECT INAC-
 CURATE DATA SHALL INVESTIGATE AND DETERMINE WHETHER SUCH DATA IS INACCU-
 RATE.
   (B) IF AN EMPLOYER, UPON INVESTIGATION, DETERMINES THAT SUCH  DATA  IS
 INACCURATE, THE EMPLOYER SHALL:
   (I)  PROMPTLY  CORRECT  THE INACCURATE DATA AND INFORM THE EMPLOYEE OF
 THE EMPLOYER'S DECISION AND ACTION;
   (II) REVIEW AND ADJUST, AS APPROPRIATE, ANY EMPLOYMENT DECISIONS  THAT
 WERE BASED ON THE INACCURATE DATA AND INFORM THE EMPLOYEE OF THE ADJUST-
 MENT; AND
   (III)  INFORM  ANY  THIRD  PARTIES  WITH WHICH THE EMPLOYER SHARED THE
 INACCURATE DATA, OR FROM WHICH  THE  EMPLOYER  RECEIVED  THE  INACCURATE
 S. 10147                            6
 
 DATA,  AND  DIRECT  THEM  TO CORRECT IT, AND PROVIDE THE EMPLOYEE WITH A
 COPY OF SUCH ACTION.
   (C)  IF  AN  EMPLOYER, UPON INVESTIGATION, DETERMINES THAT THE DATA IS
 ACCURATE, THE EMPLOYER 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.
   § 1014. UNLAWFUL RETALIATION. FOR  PURPOSES  OF  THIS  ARTICLE,  THERE
 SHALL BE A REBUTTABLE PRESUMPTION OF UNLAWFUL RETALIATION IF AN EMPLOYER
 IN  ANY  MANNER  DISCRIMINATES,  RETALIATES, OR TAKES ANY ADVERSE ACTION
 AGAINST ANY EMPLOYEE WITHIN NINETY DAYS OF THE EMPLOYEE DOING EITHER  OF
 THE FOLLOWING:
   1.  INITIATING  THE  EMPLOYEE'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, INCLU-
 SIVE, TO THE COMMISSIONER, THE DEPARTMENT, OTHER LOCAL OR STATE  GOVERN-
 MENTAL AGENCY, OR THE EMPLOYER.
   § 1015. VENDOR NOTICE. 1. ANY VENDOR WHO SELLS, DISTRIBUTES, OR OFFERS
 FOR USE TO AN EMPLOYER AN AUTOMATED EMPLOYMENT DECISION TOOL SHALL NOTI-
 FY  EMPLOYERS  THAT  USE  OF SUCH TOOL IS SUBJECT TO THE REQUIREMENTS OF
 THIS ARTICLE. SUCH NOTICE SHALL INCLUDE:
   (A) INFORMATION ABOUT THE REQUIREMENTS  OF  THE  EMPLOYER  UNDER  THIS
 ARTICLE  AND  THE EXEMPTION FROM CERTAIN REQUIREMENTS OR LIABILITY UNDER
 THIS ARTICLE ACCORDING TO THE EMPLOYER'S SIZE;
   (B) INFORMATION ABOUT THE PENALTIES FOR NON-COMPLIANCE WITH THIS ARTI-
 CLE AND LIABILITY IMPOSED ON THE EMPLOYER BY THIS ARTICLE;
   (C) A COPY OF OR DIRECTIONS ON HOW TO ACCESS ANY ASSESSMENTS OF DISPA-
 RATE IMPACT OR BIAS CONDUCTED BY THE VENDOR ON THE AUTOMATED  EMPLOYMENT
 DECISION TOOL; AND
   (D)  INFORMATION  ON  OR  DIRECTIONS ON HOW TO ACCESS MORE INFORMATION
 REGARDING THE EMPLOYER'S RESPONSIBILITY AND LIABILITY UNDER  THIS  ARTI-
 CLE.
   2. THE NOTICE REQUIRED BY THIS SECTION SHALL BE:
   (A) WRITTEN IN CLEAR AND PLAIN LANGUAGE;
   (B) PROVIDED BEFORE AN EMPLOYER MAY BEGIN USE OF THE AUTOMATED EMPLOY-
 MENT DECISION TOOL; AND
   (C)  OTHERWISE  PRESENTED  IN A MANNER THAT ENSURES THE NOTICE CLEARLY
 AND EFFECTIVELY COMMUNICATES THE REQUIRED INFORMATION TO EMPLOYERS.
   § 1016. ENFORCEMENT. 1. THE COMMISSIONER SHALL ADOPT RULES  AND  REGU-
 LATIONS  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 CONCUR-
 RENTLY WITH ANY OTHER REMEDY OR PENALTY PROVIDED FOR IN THIS CHAPTER.
   2. THE ATTORNEY GENERAL MAY INITIATE IN A COURT OF COMPETENT JURISDIC-
 TION 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.
   §  2.  The  opening  paragraph  of subdivision 1 of section 218 of the
 labor law, as amended by chapter 43 of the laws of 2023, is  amended  to
 read as follows:
   If  the  commissioner  determines  that  an  employer  has  violated a
 provision of article six (payment of wages), article  nineteen  (minimum
 wage  act),  article  nineteen-A  (minimum wage standards and protective
 S. 10147                            7
 
 labor practices for farm workers), article twenty-one-A (warehouse work-
 er 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 employer an
 order directing compliance therewith, which shall describe  particularly
 the  nature  of  the  alleged  violation.  A copy of such order shall be
 provided to any employee who has filed a complaint  and  any  authorized
 representative  of  [him or her] SUCH EMPLOYEE. In addition to directing
 payment of wages, benefits or wage supplements  found  to  be  due,  and
 liquidated damages in the amount of one hundred percent of unpaid wages,
 such  order,  if  issued to an employer who previously has been found in
 violation of those provisions, rules or regulations, or to  an  employer
 whose  violation  is  willful  or egregious, shall direct payment to the
 commissioner of an additional sum as a civil penalty in an amount not to
 exceed double the total amount of wages, benefits, or  wage  supplements
 found  to be due. In no case shall the order direct payment of an amount
 less than the total wages, benefits or wage  supplements  found  by  the
 commissioner to be due, plus the liquidated damages in the amount of one
 hundred  percent  of  unpaid  wages,  the appropriate civil penalty, and
 interest at the rate of interest then in effect, as  prescribed  by  the
 superintendent  of  financial services pursuant to section fourteen-a of
 the banking law per annum from the date of the underpayment to the  date
 of  the  payment.  Where  the  violation  is for a reason other than the
 employer'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  employer's  business,  the  good faith basis of the employer 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.