New York employers using or considering the use of artificial intelligence (“AI”) should monitor two pending state bills. AB 3411B would amend New York’s General Business Law to require notices on “generative artificial intelligence systems,” while AB 9581B would amend New York’s Labor Law to require certain businesses to submit annual reports to the New York Department of Labor on AI’s impact on hiring and workforce decisions. If enacted, the bills could expand employer notice, reporting, and transparency obligations regarding workplace AI use.
AB 3411B:
AB 3411B has passed both chambers but has not yet been delivered to Governor Hochul. If signed, it would take effect 90 days later. The bill applies to owners, licensees, or operators of generative AI systems, which are defined as “class of artificial intelligence models that are self-supervised and emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.” The bill would require users of generative AI systems to clearly and conspicuously display a notice that outputs may be inaccurate. Employers that develop, license, operate, or deploy such systems may need to confirm their user interfaces include this notice.
The bill broadly defines AI as a machine-based system that can make predictions, recommendations, or decisions using human- or machine-based inputs. This may include chatbots, large language...
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