Prohibits algorithmic wage-setting; provides for exceptions; provides for penalties for violation; creates a private right of action.
Impact
If enacted, the bill will create tangible changes in how wage determination is approached within various workplaces across the state. Employers will be required to develop transparent procedures for any data used in wage calculations, which includes letting employees challenge the accuracy of the data applied to their pay. Furthermore, the proposal allows for civil penalties against employers who violate this provision. By creating a legal framework around algorithmic wage-setting, A09641 aims to empower employees while simultaneously holding employers accountable for the processes they utilize.
Summary
Bill A09641 aims to amend the labor law in New York by prohibiting algorithmic wage-setting, which involves the use of automated decision systems to determine employee wages based on surveillance data. The legislation is presented as a measure to protect employees from potential unfair practices that may arise in environments where wages are decided through complex algorithms instead of direct human judgment. This bill seeks to ensure that wages are set based on clear, understandable criteria rather than opaque algorithms that may not take individual circumstances into account.
Contention
Several points of contention arise around A09641, particularly regarding the feasibility and implications of enforcing such a prohibition. Supporters argue that banning algorithmic wage-setting will promote wage equity and transparency, ultimately benefiting both employees and the labor market. However, dissenters might raise concerns over how this regulation could limit technological advancements in human resource practices and complicate payroll processes. Opposition may also stem from worries about the economic impact on businesses that rely on data-driven decision-making to optimize efficiency.
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.
Regulates the development and use of certain artificial intelligence systems to prevent algorithmic discrimination; requires independent audits of high risk AI systems; provides for enforcement by the attorney general as well as a private right of action.
A bill for an act prohibiting personalized algorithmic pricing and surveillance pricing at certain food retail establishments, and providing civil penalties.
Prohibits the use of surveillance pricing, directly or indirectly; prohibits the collection, use, retention, or sharing of data to facilitate surveillance pricing; provides exceptions; provides for enforcement by the attorney general; makes related provisions.