At the conclusion of the 2026 legislative session, California Governor Gavin Newsom signed into law three bills addressing how employers use artificial intelligence (“AI”) in the workplace. Together, they place limits on AI-assisted discipline, restrict certain forms of employee surveillance, and require more detail in notices of layoffs caused by automation.
SB 947: Human Review of AI-Assisted Discipline and Termination
Beginning July 1, 2027, SB 947, the “No Robo Bosses Act,” places limits on certain uses of automated decision systems (“ADS”) to terminate or discipline employees. Perhaps most consequentially, a number of requirements apply whenever an employer relies “primarily” on an ADS output for termination or discipline.
- A human must corroborate the decision using the information underlying the output or other supporting information, such as personnel records or witness interviews.
- If the output cannot be corroborated, or the reviewer finds it inaccurate, incomplete, or misleading, the employer cannot use it to make the decision.
- When an employer primarily relies on an ADS to discipline or terminate an employee, it must provide a separate written notice when informing the employee of the decision. The notice must say that the ADS was primarily relied upon, that a human corroborated its output, and whom the employee can contact for more information.
- The employee may also request a meaningful, objective description of their own data used by the system.
The law also...
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