New York Gov. Kathy Hochul proposed that the Empire State be the first in the nation to require that employers disclose when mass layoffs are related to the adoption of artificial intelligence.
Hochul said she will direct the New York State Department of Labor (NYSDOL) to amend the New York Worker Adjustment and Retraining Notification (WARN) Act regulations to require that employers disclose in their notices whether layoffs are related to the employer’s use of AI. Under the amendment, if AI adoption is the reason behind mass layoffs, the employer must provide those impacted workers with access to workforce training programs and supports.
“According to the governor, this proposal will provide the [NYSDOL] with real data on the potential impact of technology on workers and will ensure that the benefits of AI integration are compatible with an economy where workers can thrive,” said Shawn Matthew Clark, an attorney in the New York City office of Littler.
“The governor’s proposal does not provide guidance on how this information should be presented or how the data will be used, but it is one more content obligation that will need to be added to the many other complex notice requirements that already exist in New York WARN,” he said.
New York employers with 50 or more full-time employees must issue WARN notices if they plan to lay off at least 25 full-time employees, accounting for at least a third of the workforce at a single location, or a total of 250 full-time employees....
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