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A09533 Summary:

BILL NOA09533
 
SAME ASNo Same As
 
SPONSORBronson
 
COSPNSR
 
MLTSPNSR
 
Add Art 25-D §§863 - 863-d, Lab L
 
Requires covered employers to provide notice to certain affected employees prior to any technological displacement; requires reporting; requires a workforce transition period; makes related provisions.
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A09533 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9533
 
                   IN ASSEMBLY
 
                                    January 14, 2026
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor
 
        AN ACT to amend the labor law, in relation to enacting  the  "automation
          displacement protection act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "automation displacement protection act".
     3    §  2.  Legislative findings and intent. The legislature finds that the
     4  rapid deployment  of  artificial  intelligence  and  automated  decision
     5  systems is reshaping the nature of work in New York state. While techno-
     6  logical advancement can enhance productivity, the sudden substitution of
     7  human  labor  with automated systems threatens the economic stability of
     8  working people, their families, and the communities that rely  on  them.
     9  It  is  the  public  policy  of  this state to ensure that technological
    10  progress proceeds with fairness and transparency, to  require  employers
    11  to  provide advance notice of workforce reductions attributable to auto-
    12  mation, and to safeguard opportunities for retraining  and  redeployment
    13  of displaced workers.
    14    §  3. The labor law is amended by adding a new article 25-D to read as
    15  follows:
    16                                ARTICLE 25-D
    17                 PROTECTION OF WORKERS FROM AI DISPLACEMENT
 
    18  Section 863.   Definitions.
    19          863-a. Notice of technological displacement.
    20          863-b. Workforce transition period.
    21          863-c. Incentive eligibility.
    22          863-d. Civil penalties and remedies.
    23    § 863. Definitions. For the purposes of this  article,  the  following
    24  terms shall have the following meanings:
    25    1. "Covered employer" means any business enterprise that employs fifty
    26  or more full-time employees in the state.
    27    2.  "Artificial  intelligence  system" means any computer-based system
    28  capable of performing tasks, making predictions, or  generating  content
    29  that  would  otherwise  require  human  intelligence,  including machine
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14017-04-6

        A. 9533                             2
 
     1  learning, natural language processing, computer  vision,  or  generative
     2  models.
     3    3.  "Technological  displacement"  means the elimination of employment
     4  positions, or a reduction in hours equivalent to twenty-five percent  or
     5  more  of total workforce time, within any twelve-month period, caused in
     6  whole or in substantial part by the introduction or expanded use  of  an
     7  artificial intelligence system or other automated technology.
     8    4.  "Employment  loss"  includes any termination, layoff exceeding six
     9  months, reduction in work hours of fifty percent  or  more  during  each
    10  month  of any six-month period, or conversion of a human-performed func-
    11  tion to an automated function.
    12    § 863-a. Notice of technological displacement. 1. A  covered  employer
    13  shall  provide no fewer than ninety days advance written notice prior to
    14  any technological displacement affecting twenty-five or more  employees,
    15  or twenty-five percent of the workforce, whichever is less.
    16    2. Notice under subdivision one of this section shall be provided to:
    17    (a)  all affected employees and any employee organization representing
    18  them;
    19    (b) the commissioner;
    20    (c) the chief elected official of each  locality  where  the  affected
    21  facility is located; and
    22    (d) the local workforce development board.
    23    3. The notice under subdivision one of this section shall describe:
    24    (a) the functions to be automated;
    25    (b) the number, classification, and location of affected employees;
    26    (c) the anticipated date of displacement;
    27    (d) available retraining or reassignment programs; and
    28    (e)  the identity of any vendor or contractor supplying the artificial
    29  intelligence system.
    30    § 863-b. Workforce transition period. 1. Each employee affected  by  a
    31  technological  displacement shall be entitled to a transition employment
    32  period of ninety days from the date of  notice  provided  under  section
    33  eight  hundred  sixty-three-a  of this article, during which the covered
    34  employer shall offer:
    35    (a) continued employment or equivalent wages; or
    36    (b) participation, at such covered employer's expense, in a recognized
    37  retraining or reskilling program approved by the department.
    38    2. A covered employer shall not discharge an employee  affected  by  a
    39  technological  displacement  during the transition period under subdivi-
    40  sion one of this section except for just cause.
    41    § 863-c. Incentive eligibility. 1. Any covered employer that fails  to
    42  comply  with the notice or transition requirements of this article shall
    43  be ineligible for state grants, loans, or tax incentives for five  years
    44  following such violation.
    45    2.  The  commissioner  shall  maintain  a  public  registry of covered
    46  employers found to have violated this article.
    47    § 863-d. Civil penalties and remedies.  1.  A  covered  employer  that
    48  fails  to provide the notice required by this article shall be liable to
    49  each affected employee for up to sixty days of back pay and benefits.
    50    2. The commissioner may assess a civil penalty of up to  ten  thousand
    51  dollars per day for willful violations of this article.
    52    3.  The  attorney general may bring an action to enjoin violations and
    53  recover penalties on behalf of the state.
    54    § 4. This act shall take effect immediately.
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