New York S 9132: Prohibits the use of a wage-fixing algorithm in combination with personal or behavioral data to set or recommend wages or compensation

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S09132 Summary:

BILL NOS09132 

&nbsp

SAME ASSAME AS A09638

&nbsp

SPONSORGONZALEZ

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §194-c, Lab L

&nbsp

Prohibits the use of a wage-fixing algorithm in combination with personal or behavioral data to set or recommend wages or compensation; defines terms; establishes penalties for violations of such prohibition.

Go to top S09132 Actions:

BILL NOS09132 

&nbsp

02/05/2026REFERRED TO LABOR

Go to topS09132 Committee&nbspVotes:

Go to topS09132 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09132 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9132

 IN SENATE

 February 5, 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 prohibiting surveillance
 wages

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The labor law is amended by adding a new section 194-c to
 2 read as follows:
 3 § 194-c. Surveillance wages prohibited. 1. Definitions. For the
 4 purposes of this section, the following terms shall have the following
 5 meanings:
 6 a. "Wage-fixing algorithm" means a mathematical or computational proc-
 7 ess or methodology implementing a set of rules, including without limi-
 8 tation data collected and used in conjunction with any such processes or
 9 methodologies, to be followed in calculations, data processing, data
 10 mining, machine learning, pattern recognition, automated decision-making
 11 or problem-solving operations, including those that transform inputs
 12 into outputs, utilized for the purpose of setting or recommending wages
 13 or compensation for an individual or a class or group to whom an indi-
 14 vidual belongs.
 15 "Wage-fixing algorithm" shall not include any such tool whose inputs
 16 are limited to job requirements, job performance, qualifications, labor
 17 market conditions, or the cost of living in an applicable metropolitan
 18 statistical area, micropolitan statistical area, combined statistical
 19 area, county or county equivalent. For the purposes of this section,
 20 "job performance" shall not include customer reviews.
 21 b. "Personal data" means any data that identifies, relates to,
 22 describes, is reasonably capable of being associated with, or could be
 23 reasonably linked, directly or indirectly, with a particular person or
 24 device, including but not limited to:
 25 (i) name or alias, signature, social security number, postal address,
 26 telephone number, passport number, driver's license or state identifica-
 27 tion card number, insurance policy number, email address, Internet
 28 Protocol address, account name, or other similar identifiers;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14494-02-6

 S. 9132 2

 1 (ii) bank account number, credit card number, debit card number, cred-
 2 it score or credit history, financial circumstances, or any other finan-
 3 cial information, medical information, or health insurance information;
 4 (iii) records of personal property, products or services purchased,
 5 obtained, or considered, or other purchasing or consuming histories or
 6 tendencies;
 7 (iv) personal, political, professional, or religious affiliations,
 8 memberships, relationships, or activities, or status, activity, or
 9 relationships within a social media network, or any other associations
 10 with a group, band, class, or tier of individuals to which the individ-
 11 ual belongs;
 12 (v) internet or other electronic network activity information, includ-
 13 ing browsing history, search history, and information regarding a
 14 person's interaction with an internet website application or advertise-
 15 ment;
 16 (vi) characteristics of protected classifications under state or
 17 federal law, geolocation identifiers, physical descriptions or charac-
 18 teristics, genetic information, or biometric information; and
 19 (vii) inferences drawn from any of the information identified in this
 20 paragraph to create a profile about a person, or a class or group to
 21 which such person belongs, ref