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S08589 Summary:

BILL NOS08589B
 
SAME ASSAME AS A09533
 
SPONSORMAY
 
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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S08589 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8589--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    November 21, 2025
                                       ___________
 
        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said committee -- recommitted to the Committee on Labor in accord-
          ance with Senate Rule 6, sec. 8 -- 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.  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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14017-03-6

        S. 8589--B                          2
 
     1          863-c. Incentive eligibility.
     2          863-d. Civil penalties and remedies.
     3    §  863.  Definitions.  For the purposes of this article, the following
     4  terms shall have the following meanings:
     5    1. "Covered employer" means any business enterprise that employs fifty
     6  or more full-time employees in the state.
     7    2. "Artificial intelligence system" means  any  computer-based  system
     8  capable  of  performing tasks, making predictions, or generating content
     9  that would  otherwise  require  human  intelligence,  including  machine
    10  learning,  natural  language  processing, computer vision, or generative
    11  models.
    12    3. "Technological displacement" means the  elimination  of  employment
    13  positions,  or a reduction in hours equivalent to twenty-five percent or
    14  more of total workforce time, within any twelve-month period, caused  in
    15  whole  or  in substantial part by the introduction or expanded use of an
    16  artificial intelligence system or other automated technology.
    17    4. "Employment loss" includes any termination,  layoff  exceeding  six
    18  months,  reduction  in  work  hours of fifty percent or more during each
    19  month of any six-month period, or conversion of a human-performed  func-
    20  tion to an automated function.
    21    §  863-a.  Notice of technological displacement. 1. A covered employer
    22  shall provide no fewer than ninety days advance written notice prior  to
    23  any  technological displacement affecting twenty-five or more employees,
    24  or twenty-five percent of the workforce, whichever is less.
    25    2. Notice under subdivision one of this section shall be provided to:
    26    (a) all affected employees and any employee organization  representing
    27  them;
    28    (b) the commissioner;
    29    (c)  the  chief  elected  official of each locality where the affected
    30  facility is located; and
    31    (d) the local workforce development board.
    32    3. The notice under subdivision one of this section shall describe:
    33    (a) the functions to be automated;
    34    (b) the number, classification, and location of affected employees;
    35    (c) the anticipated date of displacement;
    36    (d) available retraining or reassignment programs; and
    37    (e) the identity of any vendor or contractor supplying the  artificial
    38  intelligence system.
    39    §  863-b.  Workforce transition period. 1. Each employee affected by a
    40  technological displacement shall be entitled to a transition  employment
    41  period  of  ninety  days  from the date of notice provided under section
    42  eight hundred sixty-three-a of this article, during  which  the  covered
    43  employer shall offer:
    44    (a) continued employment or equivalent wages; or
    45    (b) participation, at such covered employer's expense, in a recognized
    46  retraining or reskilling program approved by the department.
    47    2.  A  covered  employer shall not discharge an employee affected by a
    48  technological displacement during the transition period  under  subdivi-
    49  sion one of this section except for just cause.
    50    §  863-c. Incentive eligibility. 1. Any covered employer that fails to
    51  comply with the notice or transition requirements of this article  shall
    52  be  ineligible for state grants, loans, or tax incentives for five years
    53  following such violation.
    54    2. The commissioner  shall  maintain  a  public  registry  of  covered
    55  employers found to have violated this article.

        S. 8589--B                          3
 
     1    §  863-d.  Civil  penalties  and  remedies. 1. A covered employer that
     2  fails to provide the notice required by this article shall be liable  to
     3  each affected employee for up to sixty days of back pay and benefits.
     4    2.  The  commissioner may assess a civil penalty of up to ten thousand
     5  dollars per day for willful violations of this article.
     6    3. The attorney general may bring an action to enjoin  violations  and
     7  recover penalties on behalf of the state.
     8    § 4. This act shall take effect immediately.
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