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AI Summary
This bill regulates the use of automated decision systems in employment, limits their purposes and use, allows workers to request their data, and requires the Labor Commissioner to enforce its provisions.
Business Impact
If you use automated decision systems for employment decisions in California, you must provide data access to workers or face $500 fines.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
California's SB 947 aims to regulate the use of automated decision systems in employment, limiting their purposes and use, ensuring worker rights and data access. It allows public prosecutors to bring civil actions and exempts parties covered by specific collective bargaining agreements and those complying with federal requirements.
Key Provisions
- Prohibits employers from using ADS for specific employment functions.
- Limits the purposes for and way in which an ADS may be used.
- Requires employers to provide workers access to their data used in ADS decisions, specifically for disciplinary, termination, or deactivation decisions, from the past 12 months.
- Mandates written post-use notices for workers affected by ADS decisions.
- Protects workers from retaliation for asserting rights under the bill.
- Allows civil actions for damages by affected workers.
- Authorizes public prosecutors to bring civil enforcement actions for violations.
- Establishes a $500 civil penalty for employers violating the provisions.
- Exempts employers from substantially similar state law provisions if they comply with this bill's notice requirements, except as specified.
- Does not apply to parties covered by a valid collective bargaining agreement if the agreement contains specified information, including an explicit waiver of the bill's provisions.
- Allows employers to comply with regulatory or contractual requirements in the provision of products or services to the federal government.
- Applies to all cities, including charter cities, as a matter of statewide concern.
- Declares its provisions are severable.
Latest Legislative Action
Referred to Coms. on L. & E., P. & C.P., and JUD.
Bill Sponsors
| Name | Role |
|---|---|
| McNerney | Author |
| Reyes | Coauthor |
| Ward | Coauthor |
Compliance Checklist
Provide workers access to their data used by ADS for employment decisions.
Who: Employers using ADS.
Penalty: $500 civil penalty for non-compliance.
Who: Employers using ADS.
Penalty: $500 civil penalty for non-compliance.
Issue written post-use notices to affected workers after ADS decisions.
Who: Employers using ADS.
Penalty: $500 civil penalty for non-compliance.
Who: Employers using ADS.
Penalty: $500 civil penalty for non-compliance.
Full Legal Analysis
SB 947 establishes regulations for the use of automated decision systems (ADS) in employment settings, limiting the purposes for and way in which an ADS may be used. It prohibits employers from using ADS for certain functions and requires them to provide workers with access to their data used in employment decisions, specifically for disciplinary, termination, or deactivation decisions, from the past 12 months. Employers must also issue written notices after using ADS for such decisions. The bill requires the Labor Commissioner to enforce its provisions, and workers can pursue civil actions for violations. Additionally, the bill authorizes a public prosecutor to bring a civil enforcement action for violations. The bill includes penalties for non-compliance, including a $500 civil penalty, and outlines specific protections against retaliation for workers asserting their rights under the bill. Notably, the bill does not apply to parties covered by a valid collective bargaining agreement if the agreement contains specified information, including an explicit waiver of the bill's provisions. The bill also allows employers to comply with regulatory or contractual requirements in the provision of products or services to the federal government. Employers complying with this bill's notice requirements are exempt from substantially similar provisions under other state laws, except as specified. The bill applies to all cities, including charter cities, as it addresses a matter of statewide concern, and declares its provisions are severable.
Official Source
Official Bill Text
View SB 947 on official legislature website →
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