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NY A08328: Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or e…

Dead/Failed New York · 2023–2024 session

Last verified Oct 10, 2026 · official bill text

A08328 · where it stands

This bill did not become law (dead/failed) · last action Jan 10, 2024.

What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Enacted
Signed into law, or became law without a signature or over a veto.
Effective date
The date the law says it takes effect. Once it has passed, the page shows "Effective" and the date. A court order can still block a law; if we know of one, the summary says so.
Dead / vetoed
Vetoed, failed, or the session ended without action.
View full title

Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or employee for an employment decision unless such tool has been the subject of a bias audit within the last year and the results of such audit have been…

In one paragraph

New York's A 8328 would have added Labor Law § 203-g restricting employer use of electronic monitoring and automated employment decision tools: bias audits before use and annually, ten business days' notice to employees and candidates, human oversight, a ban on facial, gait or emotion recognition, a private right of action and civil penalties. Introduced December 13, 2023 and referred to the Labor Committee; the enacting clause was stricken January 10, 2024, and it died at the end of the 2023-2024 session.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

None: the bill died at the end of the 2023-2024 session.

Key provisions

  1. Labor Law § 203-g(4): unlawful to use an automated employment decision tool unless it has had an independent bias audit (within a year before use, annually after, within six months of enactment for tools already in use), with results sent to the department within sixty days
  2. Subd. 5: notice to employees and candidates "no less than ten business days before such use"; subd. 6 bars solely relying on tool output and requires meaningful human oversight
  3. Subd. 2-3: electronic monitoring limited to listed purposes and the least invasive means, with prior written notice; no facial, gait or emotion recognition
  4. Subd. 7-8: reevaluation requests within thirty days, answered within sixty days; private action for actual damages, fees and liquidated damages of 100% (up to 300% if willful) of actual damages
  5. Subd. 9: civil penalties up to $500 for a first violation and $500 to $1,500 for later ones
  6. Would have taken effect on the 180th day after becoming law; enacting clause stricken January 10, 2024

Latest legislative action

Jan 10, 2024. enacting clause stricken

Sponsors (showing 5 of 12)

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Topics and industries

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