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A09533 Summary:

BILL NOA09533A
 
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--A
 
                   IN ASSEMBLY
 
                                    January 14, 2026
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
 
        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.  The labor law is amended by adding a new article 25-D to read as
     4  follows:
     5                                ARTICLE 25-D
     6                 PROTECTION OF WORKERS FROM AI DISPLACEMENT
 
     7  Section 863.   Definitions.
     8          863-a. Notice of technological displacement.
     9          863-b. Workforce transition period.
    10          863-c. Incentive eligibility.
    11          863-d. Civil penalties and remedies.
    12    § 863. Definitions. For the purposes of this  article,  the  following
    13  terms shall have the following meanings:
    14    1. "Covered employer" means any business enterprise that employs fifty
    15  or more full-time employees in the state.
    16    2.  "Artificial  intelligence"  means  the  same as defined in section
    17  seventeen hundred of the general business law.
    18    3. "Technological displacement" means the  elimination  of  employment
    19  positions,  or a reduction in hours equivalent to twenty-five percent or
    20  more of total workforce time, within any twelve-month period, caused  in
    21  whole  or  in substantial part by the introduction or expanded use of an
    22  artificial intelligence system or other automated technology.
    23    § 863-a. Notice of technological displacement. 1. A  covered  employer
    24  shall  provide no fewer than ninety days advance written notice prior to
    25  any technological displacement affecting twenty-five or more  employees,
    26  or twenty-five percent of the workforce, whichever is less.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14017-05-6

        A. 9533--A                          2
 
     1    2. Notice under subdivision one of this section shall be provided to:
     2    (a)  all affected employees and any employee organization representing
     3  them;
     4    (b) the commissioner;
     5    (c) the chief elected official of each  locality  where  the  affected
     6  facility is located; and
     7    (d) the local workforce development board.
     8    3. The notice under subdivision one of this section shall describe:
     9    (a) the functions to be automated;
    10    (b) the number, classification, and location of affected employees;
    11    (c) the anticipated date of displacement;
    12    (d) available retraining or reassignment programs; and
    13    (e)  the identity of any vendor or contractor supplying the artificial
    14  intelligence system.
    15    § 863-b. Workforce transition period. 1. Each employee affected  by  a
    16  technological  displacement shall be entitled to a transition employment
    17  period of ninety days from the date of  notice  provided  under  section
    18  eight  hundred  sixty-three-a  of this article, during which the covered
    19  employer shall offer:
    20    (a) continued employment or equivalent wages; or
    21    (b) participation, at such covered employer's expense, in a recognized
    22  retraining or reskilling program approved by the department.
    23    2. A covered employer shall not discharge an employee  affected  by  a
    24  technological  displacement  during the transition period under subdivi-
    25  sion one of this section except for just cause.
    26    § 863-c. Incentive eligibility. 1. Any covered employer that fails  to
    27  comply  with the notice or transition requirements of this article shall
    28  be ineligible for state grants, loans, or tax incentives for five  years
    29  following such violation.
    30    2.  The  commissioner  shall  maintain  a  public  registry of covered
    31  employers found to have violated this article.
    32    § 863-d. Civil penalties and remedies.  1.  A  covered  employer  that
    33  fails  to provide the notice required by this article shall be liable to
    34  each affected employee for up to sixty days of back pay and benefits.
    35    2. The commissioner may assess a civil penalty of up to  ten  thousand
    36  dollars per day for willful violations of this article.
    37    3.  The  attorney general may bring an action to enjoin violations and
    38  recover penalties on behalf of the state.
    39    § 3. This act shall take effect immediately.
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