California signs four workplace AI laws

SB 947, also called the No Robo Bosses Act, limits employers’ use of automated decision systems for discipline and termination.[1] Starting July 1, 2027, employers may not rely solely on such a system to make those decisions.[1] If an employer primarily relies on an automated output, a human reviewer must corroborate the decision using relevant supporting information.[1] Employers may not rely on an output for the decision if it cannot be corroborated or is inaccurate, incomplete or misleading.[1] Employees must also receive a separate written notice at or before the decision when the employer primarily relies on the system.[1]

The required notice must identify the automated system, describe the data or metrics it used, explain that a human reviewer corroborated its output, and tell the employee about the right to request more information.[1] Employees may request a meaningful description of their personal data used by the system and of the data used to generate its output.[1] Employers assessing these processes should account for both the human review and notice requirements; the evidence states that the July 1, 2027 date applies to the restriction on relying solely on an automated system.[1]

SB 951 expands Cal-WARN requirements when AI or other automated technology contributes to certain workforce reductions, with additional disclosure requirements taking effect January 1, 2027.[1] The disclosures include affected-worker counts, job classifications and locations, the job functions being automated, and the type of technology responsible for the displacement.[1] The law does not independently trigger Cal-WARN obligations for every AI-related job elimination.[1] AB 1883 generally prohibits AI-powered surveillance to recognize, infer or predict emotional state or collect neural data, defined as information generated by measuring electrical or other activity in a person’s nervous system.[1]

AB 1883 has exceptions for some employee-safety monitoring in hazardous environments, medical monitoring requested by an employee, and clinical or scientific research with appropriate consent.[1] California also bans employers from using workplace surveillance tools in a workplace bathroom.[2] Newsom cautioned that AB 1883 lacks key definitions that could leave employers uncertain about which tools are covered, and that AB 1331 could interfere with systems employees use to access locked facilities.[3] The package requires public higher-education institutions to create AI training for students, faculty and staff.[2] Morgan Lewis says the laws layer onto existing California regulation of workplace AI.[4]