New York S 10147: Relates to restricting the use of electronic monitoring and automated employment decision tools

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S10147 Summary:

BILL NOS10147 

&nbsp

SAME ASSAME AS A03779-A

&nbsp

SPONSORGONZALEZ

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 35-A §§1010 - 1016, amd §218, Lab L

&nbsp

Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or employee for an employment decision unless such tool has been the subject of an impact assessment within the last year; requires notice to employment candidates of the use of such tools; provides remedies for violations.

Go to top S10147 Actions:

BILL NOS10147 

&nbsp

04/30/2026REFERRED TO LABOR

Go to topS10147 Committee&nbspVotes:

Go to topS10147 Floor&nbspVotes:

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

Go to topS10147 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10147

 IN SENATE

 April 30, 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 restricting the use of
 electronic monitoring and automated employment decision tools

 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 article 35-A to
 2 read as follows:
 3 ARTICLE 35-A
 4 BOUNDARIES ON TECHNOLOGY ACT
 5 Section 1010. Definitions.
 6 1011. Automated employment decision tools; impact assessments.
 7 1012. Automated employment decision tools; notice and
 8 restrictions.
 9 1013. Data access, accuracy, and correction.
 10 1014. Unlawful retaliation.
 11 1015. Vendor notice.
 12 1016. Enforcement.
 13 § 1010. Definitions. For the purposes of this section, the following
 14 terms have the following meanings:
 15 1. "Aggregated employee data" means employee data that an employer has
 16 combined, or collected together, in a summary or other form so that the
 17 employee data cannot be identified with any specific employee.
 18 2. "Automated employment decision tool" means the same as defined in
 19 section four hundred one of the state technology law.
 20 3. "Candidate" means any natural person or their authorized represen-
 21 tative seeking employment through an application, or who is screened or
 22 evaluated for recruitment, for a position of employment by a business
 23 operating in the state.
 24 4. "Employer" means any person who directly or indirectly, or through
 25 an agent or any other person, employs or exercises control over the
 26 wages, benefits, other compensation, hours, working conditions, access
 27 to work or job opportunities, or other terms or conditions of employ-
 28 ment, of any worker. Such term shall not include the state, any poli-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00754-06-6

 S. 10147 2

 1 tical subdivision of the state, a public authority, or any other govern-
 2 mental agency or instrumentality.
 3 5. "Employee" means any natural person or their authorized represen-
 4 tative acting for, employed by, or a person classified as an independent
 5 contractor providing service to, or through, an employer operating in
 6 the state. An employee shall be deemed to be operating in the state for
 7 purposes of deeming an employee to be covered by this article if the
 8 employee works at least part time at a location in the state, or if
 9 fully remote, the employee is associated with an office in the state or
 10 supervised by a person who works at least part time at a location in the
 11 state. Employee can mean a former employee.
 12 6. "Employee data" means any information that identifies, relates to,
 13 describes, is reasonably capable of being associated with, or could
 14 reasonably be linked, directly or indirectly, with a particular employ-
 15 ee, regardless of how the information is collected, inferred, or
 16 obtained. Data includes, but is not limited to, the following:
 17 (a) personal identity information, including the individual's name,
 18 contact information, government-issued identification number, financial
 19 information, criminal background, or employment history;
 20 (b) biometric information that can be used to establish indi