New York 2025-2026 Regular Session

New York Assembly Bill A09638

Introduced
1/21/26  

Caption

Prohibits the use of a wage-fixing algorithm in combination with personal or behavioral data to set or recommend wages or compensation; defines terms; establishes penalties for violations of such prohibition.

Impact

If enacted, A09638 would significantly alter how employers approach wage setting by restricting the use of advanced computational methods that might not adequately account for all employees' potential. This amendment would create a more equitable wage determination process, potentially impacting employers' operational practices while giving employees greater assurance against unfair compensation practices based on biased data. Enhanced protections against misuse of personal information would align with broader efforts to improve workplace standards and ethical use of technology in employment.

Summary

Bill A09638 proposes to amend the labor law in New York by prohibiting the use of wage-fixing algorithms in conjunction with personal or behavioral data for the purpose of setting or recommending wages or compensation. This legislation aims to protect workers from potential discrimination based on data derived from algorithms that utilize private information and personal characteristics, ensuring a fairer wage structure. The bill outlines clear definitions regarding what constitutes a wage-fixing algorithm and the types of personal data that are restricted from being used in wage determinations.

Contention

The bill has faced discussion regarding its implications on employers and the practicality of defining and regulating algorithms. Opponents of the bill may argue that limiting the use of wage-fixing algorithms could hinder efficiency and innovation in compensation practices. Furthermore, there are concerns about how such algorithms, if properly regulated, could actually enhance fairness by utilizing a wide array of relevant data that reflects current labor market conditions, job performance, and economic factors. The balance between protecting employees' rights and encouraging employer flexibility is likely to be a point of contention as the bill progresses.

Companion Bills

NY S09132

Same As Prohibits the use of a wage-fixing algorithm in combination with personal or behavioral data to set or recommend wages or compensation; defines terms; establishes penalties for violations of such prohibition.

Previously Filed As

NY S09132

Prohibits the use of a wage-fixing algorithm in combination with personal or behavioral data to set or recommend wages or compensation; defines terms; establishes penalties for violations of such prohibition.

NY A09641

Prohibits algorithmic wage-setting; provides for exceptions; provides for penalties for violation; creates a private right of action.

NY S08872

Prohibits algorithmic wage-setting; provides for exceptions; provides for penalties for violation; creates a private right of action.

NY SF2278

A bill for an act prohibiting personalized algorithmic pricing and surveillance pricing at certain food retail establishments, and providing civil penalties.

NY S994

Prohibiting algorithmic rent setting

NY S2983

Prohibiting algorithmic rent setting

NY A08917

Prohibits employers from using workplace surveillance tools to surveil employees in private, off-duty areas or a worker's residence, vehicle or property; defines terms; establishes penalties for violations of such provisions.

NY A4685

Prohibits use and sale of algorithmic devices that set sale price of goods or services.

NY S3732

Prohibits certain businesses from using dynamic, surveillance, or personalized algorithmic pricing when selling groceries to consumers.

NY HB434

Residential Leases - Use of Algorithmic Device by Landlord to Determine Rent, Occupancy, and Lease Terms - Prohibition

Similar Bills

No similar bills found.