A bill introduced in the New York State Senate on August 4, 2023, would impose statewide requirements regulating tools that incorporate artificial intelligence to assist in employee monitoring and the employment decision-making process. (See Bill S07623 (“S07623”)) The proposed requirements are much broader than those imposed by the New York City Automated Employment Decisions Tools (“AEDT”) Law which took effect on July 5, 2023.
Electronic Monitoring Tools
Under S07623, it is unlawful for an employer or employment agency to use an electronic monitoring tool (“EMT”) to surveil employees residing in New York, unless the electronic monitoring tool is primarily intended to accomplish certain allowable purposes, including facilitating essential job functions, overseeing production and quality, evaluating employee performance, ensuring legal compliance, safeguarding worker health and safety, managing wages and benefits, and other purposes deemed necessary by the department for smooth business operations.
An electronic monitoring tool (“EMT”) is defined under the proposed law as “any system that facilitates the collection of data concerning worker activities or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photoelectronic, or photo-optical system.” The EMT must be “strictly necessary” and “the least invasive means to the employee that could reasonably be used” to accomplish the...
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