Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that requires employers to give workers 30 days notice before they use AI to make decisions related to employment, such as compensation, hiring, firing, or promotions in California

Highlights:

• Requires an employer to provide a written notice that an automated decision system (ADS), for the purpose of making employment-related decisions, not including hiring, is in use at the workplace to all workers that will foreseeably be directly affected by the ADS, as specified (Sec. 1).

• Requires the employer to maintain an updated list of all ADS currently in use (Sec. 1).

• Requires an employer to notify, as provided, a job applicant that the employer utilizes an ADS in hiring decisions (Sec. 1).

• Specifies that if the employer will use the ADS in making decisions for that position, this bill prohibits an employer from using an ADS that does certain functions and would limit the purposes and manner in which an ADS may be used to make decisions (Sec. 1).

• Requires an employer to allow a worker to access their data collected or used by an ADS and to correct errors in data, as specified (Sec. 1).

• Requires an employer to provide a written notice to a worker who has been affected by a discipline, termination, or deactivation decision made by an ADS, and grant the worker who was subject to that decision the right to appeal the decision within 30 days of the notification (Sec. 1).

• Requires an employer to explain the decision within 14 business days of receiving an appeal, designate a human reviewer who meets specified criteria to objectively evaluate all evidence, and rectify the decision, as provided, within 21 business days if the human reviewer determines that the decision should be overturned (Sec. 1).

• Prohibits an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against any worker for taking certain actions asserting their rights under the bill (Sec. 1).

• Requires the Labor Commissioner to enforce the bill’s provisions, as specified, and would authorize a public prosecutor or any worker who has suffered a violation or their representative to bring a civil action (Sec. 1).

• Establishes specified types of relief that a plaintiff may seek and specified penalties that an employer that violates these provisions is subject to, including a $500 civil penalty per violation (Sec. 1).

• Specifies that an employer who complies with the requirements related to notice and appeal in this bill is not required to comply with any substantially similar provisions under any other state law (Sec. 1).

• Specifies that the provisions of this bill are severable and shall take effect immediately upon passage and approval by the Governor (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires employers to give workers 30 days notice before they use AI to make decisions related to employment, such as compensation, hiring, firing, or promotions in California.

Highlights:

• Requires an employer to provide a written notice that an automated decision system (ADS), for the purpose of making employment-related decisions, not including hiring, is in use at the workplace to all workers that will foreseeably be directly affected by the ADS, as specified (Sec. 1).

• Requires the employer to maintain an updated list of all ADS currently in use (Sec. 1).

• Requires an employer to notify, as provided, a job applicant that the employer utilizes an ADS in hiring decisions (Sec. 1).

• Specifies that if the employer will use the ADS in making decisions for that position, this bill prohibits an employer from using an ADS that does certain functions and would limit the purposes and manner in which an ADS may be used to make decisions (Sec. 1).

• Requires an employer to allow a worker to access their data collected or used by an ADS and to correct errors in data, as specified (Sec. 1).

• Requires an employer to provide a written notice to a worker who has been affected by a discipline, termination, or deactivation decision made by an ADS, and grant the worker who was subject to that decision the right to appeal the decision within 30 days of the notification (Sec. 1).

• Requires an employer to explain the decision within 14 business days of receiving an appeal, designate a human reviewer who meets specified criteria to objectively evaluate all evidence, and rectify the decision, as provided, within 21 business days if the human reviewer determines that the decision should be overturned (Sec. 1).

• Prohibits an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against any worker for taking certain actions asserting their rights under the bill (Sec. 1).

• Requires the Labor Commissioner to enforce the bill’s provisions, as specified, and would authorize a public prosecutor or any worker who has suffered a violation or their representative to bring a civil action (Sec. 1).

• Establishes specified types of relief that a plaintiff may seek and specified penalties that an employer that violates these provisions is subject to, including a $500 civil penalty per violation (Sec. 1).

• Specifies that an employer who complies with the requirements related to notice and appeal in this bill is not required to comply with any substantially similar provisions under any other state law (Sec. 1).

• Specifies that the provisions of this bill are severable and shall take effect immediately upon passage and approval by the Governor (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires employers to give workers 30 days' notice before they use AI to make decisions related to employment, such as compensation, hiring, firing, or promotions in California.

Highlights:

• Requires an employer to provide a written notice that an automated decision system (ADS), for the purpose of making employment-related decisions, not including hiring, is in use at the workplace to all workers that will foreseeably be directly affected by the ADS, as specified (Sec. 1).

• Requires the employer to maintain an updated list of all ADS currently in use (Sec. 1).

• Requires an employer to notify, as provided, a job applicant that the employer utilizes an ADS in hiring decisions (Sec. 1).

• Specifies that if the employer will use the ADS in making decisions for that position, this bill prohibits an employer from using an ADS that does certain functions and would limit the purposes and manner in which an ADS may be used to make decisions (Sec. 1).

• Requires an employer to allow a worker to access their data collected or used by an ADS and to correct errors in data, as specified (Sec. 1).

• Requires an employer to provide a written notice to a worker who has been affected by a discipline, termination, or deactivation decision made by an ADS, and grant the worker who was subject to that decision the right to appeal the decision within 30 days of the notification (Sec. 1).

• Requires an employer to explain the decision within 14 business days of receiving an appeal, designate a human reviewer who meets specified criteria to objectively evaluate all evidence, and rectify the decision, as provided, within 21 business days if the human reviewer determines that the decision should be overturned (Sec. 1).

• Prohibits an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against any worker for taking certain actions asserting their rights under the bill (Sec. 1).

• Requires the Labor Commissioner to enforce the bill’s provisions, as specified, and would authorize a public prosecutor or any worker who has suffered a violation or their representative to bring a civil action (Sec. 1).

• Establishes specified types of relief that a plaintiff may seek and specified penalties that an employer that violates these provisions is subject to, including a $500 civil penalty per violation (Sec. 1).

• Specifies that an employer who complies with the requirements related to notice and appeal in this bill is not required to comply with any substantially similar provisions under any other state law (Sec. 1).

• Specifies that the provisions of this bill are severable and shall take effect immediately upon passage and approval by the Governor (Sec. 2).

Full Bill Text