Employment: automated decision systems.
- Requires employers to notify workers 30 days before using automated decision systems for employment decisions.
- Prohibits employers from using automated systems as the sole basis for discipline or termination decisions.
- Mandates human review of automated decisions affecting worker discipline or termination.
- Grants workers the right to request their data used in automated employment decisions once per year.
Senator McNerney's automated decision systems legislation establishes comprehensive requirements for California employers using artificial intelligence and algorithmic tools in workplace decisions. The bill mandates advance notification to workers about automated systems, restricts how these systems can be used for employment decisions, and creates new worker rights regarding data access and protection from automated-only determinations.
Under the new requirements, employers must provide detailed written notice to workers at least 30 days before deploying any automated decision system that will affect employment conditions. This notice must explain the types of decisions the system will influence, what worker data it will use, and key factors affecting its output. For systems already in use when the law takes effect, employers have until April 1, 2026 to provide required notifications.
The legislation prohibits employers from using automated systems to circumvent labor laws, identify workers' protected characteristics, or take action against employees exercising their legal rights. When making decisions about discipline or termination, employers cannot rely solely on automated output - a human reviewer must evaluate the system's recommendations alongside other relevant information like performance evaluations and work products. Workers gain the right to request copies of their own data used by these systems, though requests are limited to once per year.
The Labor Commissioner holds primary enforcement authority, with the power to investigate violations, issue citations, and pursue civil actions. Employers face a $500 civil penalty per violation, and workers are protected from retaliation for exercising their rights under the law. While the bill creates a unified state standard for automated decision system notices, local jurisdictions may enact stronger worker protections, and collective bargaining agreements can waive these requirements if they provide alternative safeguards against algorithmic management.
 Isaac BryanD Assemblymember | Bill Author |  Not Contacted | |
 Jerry McNerneyD Senator | Bill Author | Not Contacted | |
 Sade ElhawaryD Assemblymember | Bill Author | Not Contacted |
Email the authors or create an email template to send to all relevant legislators.
Introduced By
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 28 | 9 | 3 | 40 | PASS |
- Requires employers to notify workers 30 days before using automated decision systems for employment decisions.
- Prohibits employers from using automated systems as the sole basis for discipline or termination decisions.
- Mandates human review of automated decisions affecting worker discipline or termination.
- Grants workers the right to request their data used in automated employment decisions once per year.
Email the authors or create an email template to send to all relevant legislators.
Introduced By
Senator McNerney's automated decision systems legislation establishes comprehensive requirements for California employers using artificial intelligence and algorithmic tools in workplace decisions. The bill mandates advance notification to workers about automated systems, restricts how these systems can be used for employment decisions, and creates new worker rights regarding data access and protection from automated-only determinations.
Under the new requirements, employers must provide detailed written notice to workers at least 30 days before deploying any automated decision system that will affect employment conditions. This notice must explain the types of decisions the system will influence, what worker data it will use, and key factors affecting its output. For systems already in use when the law takes effect, employers have until April 1, 2026 to provide required notifications.
The legislation prohibits employers from using automated systems to circumvent labor laws, identify workers' protected characteristics, or take action against employees exercising their legal rights. When making decisions about discipline or termination, employers cannot rely solely on automated output - a human reviewer must evaluate the system's recommendations alongside other relevant information like performance evaluations and work products. Workers gain the right to request copies of their own data used by these systems, though requests are limited to once per year.
The Labor Commissioner holds primary enforcement authority, with the power to investigate violations, issue citations, and pursue civil actions. Employers face a $500 civil penalty per violation, and workers are protected from retaliation for exercising their rights under the law. While the bill creates a unified state standard for automated decision system notices, local jurisdictions may enact stronger worker protections, and collective bargaining agreements can waive these requirements if they provide alternative safeguards against algorithmic management.
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 28 | 9 | 3 | 40 | PASS |
Isaac BryanD Assemblymember | Bill Author | Not Contacted | |
Jerry McNerneyD Senator | Bill Author | Not Contacted | |
Sade ElhawaryD Assemblymember | Bill Author | Not Contacted |