Blogs

By: @Lilia Hernandez

CSDA recently joined its local government parters in signing onto two letters aiming to preserve public agencies’ flexibility in using workplace technology.

The first measure, Assembly Bill 1883 (Bryan), prohibits an employer from utilizing workplace surveillance technology that collects specified emotional, facial recognition, gait, and neural data. Given the broad definition of workplace surveillance technology, this bill could hinder the use of routine equipment for security, daily operations, or public health.

The second measure, Assembly Bill 1898 (Schultz), requires public agencies to provide written notice to employees, exclusive representatives, and independent contractors, regarding the use of a workplace AI tool, defined as an automated decision system (ADS) or workplace surveillance tool that uses AI. The notification must include burdensome, detailed prescribed information on the use of the technology. The requirements of the measure put the use of routine tools at risk. Disclosing such detailed information could put local agencies’ cybersecurity at risk and leave the public and employees vulnerable. Employee signatures of acknowledgement and understanding are required for the notices. Similarly, this bill would expose public agencies to risk for litigation similar to AB 1883’s enforcement penalties provisions.

CSDA, along with a coalition of local governments, has gone on the record to oppose both AB 1883 (Bryan) and AB 1898 (Schultz) to preserve technology flexibility for local government entities. On Wednesday, March 18 both bills were heard and passed through the Assembly Labor and Employment Committee. They have now been referred to the Assembly Privacy and Consumer Protection Committee to be heard next.

To view the coalition letters previously sent to the Assembly Labor and Employment committee, click the links provided: AB 1883 (Bryan) Coalition Letter and AB 1898 (Schultz) Coalition Letter.

Additional significant employment AI bills currently under review by the CSDA include.

AB 2027 (Ward) Worker data: prohibitions: artificial intelligence.

This bill restricts employers’ use of worker data in the workspace and prohibits employers from utilizing it towards AI training that could replicate or replace a worker's job. This bill provides similar restrictions on worker data collections by employer contracted vendors and lists requirements for establishing security measures and liability in the event of breach of employee information.

SB 947 (McNerney) Employment: automated decision systems:

This bill adds restrictions to employers’ use of collected worker data and Automated Decision Systems (ADS) for disciplining, deactivating, or terminating an employee. This bill requires employers that use ADS for these decision making purposes to appoint a human reviewer to investigate and compile supporting evidence for the decision. This bill provides an employee with the right to request, and requires an employer to provide, a copy of the most recent 12 months of the worker’s own data primarily used by an ADS to make a disciplinary, termination, or deactivation decision. A worker is limited to one request every 12 months for a copy of their own data used by an ADS to make a disciplinary, termination, or deactivation decision. This bill requires employers using ADS to assist with disciple, deactivation, or termination to provide a post-use notice, as specified.

SB 951 (Reyes) Employment: technological displacement: notice:

This bill requires an employer to provide a specified 90-day written notice in advance of using technology that would displace or terminate 25 or more employees or 25% of the workforce. Specified written notice is also required in connection with adoption of AI or automated technology that reduces or ceases employers’ hiring. This bill grants employees of employers with over 100 employees the opportunity to apply first in other positions of the company/organization if affected by technology displacement or termination. Employers who fail to provide notice within the allotted time frame are liable for employee back pay and cost of any benefits.

AB 2656 (Petrie-Norris) Public employees: notice: artificial intelligence performing service within scope of work:

This bill requires a public employer to provide a recognized employee organization no less than 45 days’ written notice before taking an action to develop, purchase, implement, or utilize any generative artificial intelligence to perform a service that is within the scope of work of the job classification represented by the recognized employee organization.

Stay tuned to CSDA eNews and Advocacy News for more information.