Employment: automated decision systems.

Senator McNerney's workplace automation legislation establishes comprehensive requirements for employers using automated decision systems (ADS) in employment decisions. The bill mandates that employers notify workers at least 30 days before deploying ADS technology, maintain current inventories of all systems in use, and provide detailed information about how these systems affect employment decisions.

Under the new requirements, employers must allow workers to access and correct data used by automated systems and cannot use ADS as the primary basis for discipline or termination decisions. The legislation prohibits automated systems from analyzing protected characteristics like immigration status, religious beliefs, or health information, and bars the use of predictive behavior analysis. When ADS contributes to disciplinary actions or terminations, employers must provide affected workers written notice and a 30-day window to appeal the decision.

The Labor Commissioner would enforce these provisions through investigations and citations, with employers facing $500 civil penalties per violation. Workers who experience violations may pursue civil actions for damages, and the bill protects them from retaliation for exercising these rights. While employers who comply with the notice and appeal requirements would be exempt from similar obligations under other state laws, local governments retain authority to enact stronger worker protections.