New York S 185: Increases the penalty for leaving the scene of an incident without reporting

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S00185 Summary:

BILL NOS00185A

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SAME ASNo Same As

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SPONSORHOYLMAN-SIGAL

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COSPNSRFERNANDEZ, GONZALEZ, JACKSON, LIU

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MLTSPNSR

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Add Art 37 §§1050 - 1057, Lab L; ren §52-c to be §52-e, amd §52-e, Civ Rts L

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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 S00185 Actions:

BILL NOS00185A

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01/08/2025REFERRED TO LABOR

04/17/2025AMEND (T) AND RECOMMIT TO LABOR

04/17/2025PRINT NUMBER 185A

Go to topS00185 Committee&nbspVotes:

Go to topS00185 Floor&nbspVotes:

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

Go to topS00185 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 185--A

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, FERNANDEZ, GONZALEZ, JACKSON, LIU --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Labor -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the labor law, in relation to restricting the use of
 electronic monitoring and automated employment decision tools; and to
 amend the civil rights law, in relation to making a conforming change

 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 37 to read
 2 as follows:
 3 ARTICLE 37
 4 BOSSWARE AND OPPRESSIVE TECHNOLOGY ACT
 5 Section 1050. Definitions.
 6 1051. Electronic monitoring tools.
 7 1052. Automated employment decision tools.
 8 1053. Data access and accuracy.
 9 1054. Retaliation prohibited.
 10 1055. Civil liability.
 11 1056. Violations.
 12 1057. Powers of the commissioner.
 13 § 1050. 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 any computational proc-
 19 ess, automated system, or algorithm utilizing machine learning, statis-
 20 tical modeling, data analytics, artificial intelligence, or similar
 21 methods that issues an output, including a score, classification, rank-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00754-02-5

 S. 185--A 2

 1 ing, or recommendation, that is used to assist or replace human decision
 2 making on employment decisions that impact natural persons. "Automated
 3 employment decision tool" does not include a tool that does not assist
 4 or replace employment decision processes and that does not materially
 5 impact natural persons, including, but not limited to, a junk email
 6 filter, firewall, antivirus software, calculator, spreadsheet, database,
 7 data set, or other compilation of data.
 8 3. "Candidate" means any natural person or their authorized represen-
 9 tative seeking employment through an application, or who is screened or
 10 evaluated for recruitment, for a position of employment by a business
 11 operating in the state.
 12 4. "Continuous incremental time-tracking tool" means any system,
 13 application or instrument that continuously measures, records and/or
 14 tallies increments of time within a day during which an employee is or
 15 is not doing a particular activity or set of activities.
 16 5. "Electronic monitoring tool" means any system, application, or
 17 instrument that facilitates the collection of data concerning worker
 18 activities or communications by any means other than direct observation
 19 by a natural person, including but not limited to the use of a computer,
 20 telephone, wire, radio, camera, electromagnetic, photoelectronic, or
 21 photo-optic