In one paragraph
A 9638 would ban 'surveillance wages' in New York: employers could not use a wage-fixing algorithm, or its output, together with a worker's personal or behavioral data (such as financial, purchasing, browsing, biometric or location data, or profiles drawn from them) to set or recommend pay, whether the employer or a third party collects the data. Tools that use only job requirements, performance (not customer reviews), qualifications, labor market conditions or local cost of living are exempt. The Attorney General, the Labor Department and harmed workers could sue for the greater of actual damages or $3,000 per violation, tripled if willful. Pending in the Assembly Labor Committee.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Nothing yet. If enacted, New York employers and pay-setting vendors could not use workers' personal or behavioral data in algorithmic wage setting.
Key provisions
- Bars employers from using a wage-fixing algorithm, or its output, with a worker's personal or behavioral data to set or recommend wages or compensation
- Applies whether the data is collected or processed by the employer or by a third party
- Personal data is broad: identifiers, financial and medical information, purchase histories, affiliations, online activity, protected characteristics, geolocation, biometrics, and profiles inferred from them
- Exempt: tools whose inputs are limited to job requirements, job performance (excluding customer reviews), qualifications, labor market conditions or local cost of living; some for-hire and rideshare fare location data excluded
- Attorney General and Labor Commissioner enforcement; workers may sue for the greater of actual damages or $3,000 per violation, treble damages if willful or egregious, plus fees
- The employer must prove any pay difference was due only to lawful factors; workers are protected from retaliation
- Introduced January 21, 2026 and referred to the Assembly Labor Committee; Senate version S 9132; would take effect 30 days after becoming law
Latest legislative action
Jan 21, 2026. REFERRED TO LABOR
Sponsors (showing 5 of 6)
| Name | Role |
|---|---|
| Emily Gallagher | Primary |
| Claire Valdez | Cosponsor |
| Grace Lee | Cosponsor |
| Linda Rosenthal | Cosponsor |
| Phara Souffrant Forrest | Cosponsor |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error