New York S 10290: Relates to restricting the use of electronic monitoring and automated employment decision tools

Bill Text

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S10290 Summary:

BILL NOS10290 

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SAME ASNo Same As

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SPONSORGONZALEZ

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COSPNSR

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MLTSPNSR

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Add Art 35-A §§1010 - 1017, 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 S10290 Actions:

BILL NOS10290 

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05/11/2026REFERRED TO LABOR

Go to topS10290 Committee&nbspVotes:

Go to topS10290 Floor&nbspVotes:

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

Go to topS10290 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10290

 IN SENATE

 May 11, 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; 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 35-A to
 2 read as follows:
 3 ARTICLE 35-A
 4 BOSSWARE AND OPPRESSIVE TECHNOLOGY ACT
 5 Section 1010. Definitions.
 6 1011. Electronic monitoring tools.
 7 1012. Automated employment decision tools.
 8 1013. Data access and accuracy.
 9 1014. Retaliation prohibited.
 10 1015. Civil liability.
 11 1016. Violations.
 12 1017. Powers of the commissioner.
 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 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-
 22 ing, or recommendation, that is used to assist or replace human decision
 23 making on employment decisions that impact natural persons. "Automated
 24 employment decision tool" does not include a tool that does not assist
 25 or replace employment decision processes and that does not materially
 26 impact natural persons, including, but not limited to, a junk email

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15413-01-6

 S. 10290 2

 1 filter, firewall, antivirus software, calculator, spreadsheet, database,
 2 data set, or other compilation of data.
 3 3. "Candidate" means any natural person or their authorized represen-
 4 tative seeking employment through an application, or who is screened or
 5 evaluated for recruitment, for a position of employment by a business
 6 operating in the state.
 7 4. "Continuous incremental time-tracking tool" means any system,
 8 application or instrument that continuously measures, records and/or
 9 tallies increments of time within a day during which an employee is or
 10 is not doing a particular activity or set of activities.
 11 5. "Electronic monitoring tool" means any system, application, or
 12 instrument that facilitates the collection of data concerning worker
 13 activities or communications by any means other than direct observation
 14 by a natural person, including but not limited to the use of a computer,
 15 telephone, wire, radio, camera, electromagnetic, photoelectronic, or
 16 photo-optical system.
 17 6. "Egregious misconduct" means deliberate or grossly negligent
 18 conduct that endangers the safety or well-being of the individual,
 19 co-workers, customers, or other persons, or that causes serious damage
 20 to the employer's or customers' property or business interests, includ-
 21 ing discrimination against or harass