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@Aaron Avery

CSDA recently joined its local government partners in signing onto coalitions to preserve public agencies’ flexibility in using workplace technology.

The first measure, AB 2027 (Ward) Worker data: prohibitions: artificial intelligence, provides that an employer shall not use a worker’s personal information to train an artificial intelligence system to replicate, automate, or replace a worker’s job. The bill would leave significant questions about whether agencies can use AI systems or how they could train them to perform their tasks.

AB 2027 will be heard in the Assembly Privacy and Consumer Protection Committee on April 16.

The second measure, AB 2656 (Petrie-Norris) Public employees: notice: artificial intelligence performing service within scope of work, 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.

AB 2656 will be heard in the Assembly Privacy and Consumer Protection Committee on April 16.

The third measure, SB 947 (McNerney) Employment: automated decision systems, adds restrictions to employers’ use of 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 947 will be heard in the Senate Privacy, Digital Technologies, and Consumer Protection Committee on April 20. CSDA is leading the local government and education coalition opposing the measure.

The fourth measure, SB 951 (Reyes) Employment: technological displacement: notice, 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, as specified. 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.

SB 951 will be heard in the Senate Privacy, Digital Technologies, and Consumer Protection Committee on April 20. CSDA has an Oppose Unless Amended position on the measure.

CSDA, along with a coalition of local governments, has gone on the record to these four bills, along with AB 1883 (Bryan) and AB 1898 (Schultz), to preserve technology flexibility for local government entities. AB 1883 and AB 1898 were previously covered in the March 24 edition of eNews: CSDA Goes on the Record to Protect Workplace Technology Flexibility.

Please click here to view recent coalition letters on AB 2027 (Ward), AB 2656 (Petrie-Norris), SB 947 (McNerney), and SB 951 (Reyes).

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