High-Level Overview

What are the core concepts of A03779/S00185?

• Requires annual impact assessments for all automated employment decision tools used by employers with 100+ employees
• Vendors of AEDTs must notify their customers who are employers in New York State that the law may apply to them
• Employers are responsible for the accuracy of data used by AEDTs, and employees gain rights to access and correct that data

A03779/S00185 Scope

Who does the Boundaries on Technology Act apply to?

Impact assessments are required from all employers using AEDTs who have more than 100 employees. Vendors who sell, distribute, or offer any AEDT in New York State are required to notify their customers about the law’s requirements.

Non-Compliance Penalties

What are the proposed non-compliance penalties under A03779/S00185?

The Attorney General of New York may require the payment of, at minumum, any back wages owed to impacted employees, plus damages equal to the amount of the wages lost. Civil penalties for repeat, “willful or egregious” violations may add up to twice the value of any wages or damages owed to employees.

In cases without lost wages, first-time violations may incur an additional penalty up to $1,000, with penalties rising up to $3,000 per violation after a third violation.

Status

Where in the legislative process is A03779/S00185?

The bill has been introduced in both the New York State Assembly and the State Senate, where it is now under consideration by each chamber’s Labor Committee.