CaliforniaEmployment: automated decision systems.
What it does
Existing law requires the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems (ADS) that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency.
More detail
Existing law establishes the Labor and Workforce Development Agency, which is composed of various departments responsible for protecting and promoting the rights and interests of workers in California, including the Division of Labor Standards Enforcement, led by the Labor Commissioner, within the Department of Industrial Relations.
This bill would require an employer to provide a written notice that an ADS, for the purpose of making employment-related decisions, not including hiring, is in use at the workplace to all workers that will foreseeably be directly affected by the ADS, as specified. The bill would require the employer to maintain an updated list of all ADS currently in use. The bill would require an employer to notify, as provided, a job applicant that the employer utilizes an ADS when making hiring decisions, if the employer will use the ADS in making decisions for that position. The bill would prohibit an employer from using an ADS that does certain functions and would limit the purposes and manner in which an ADS may be used to make decisions. The bill would authorize a worker to request, and require an employer to provide, a copy of the most recent 12 months of the worker's own data primarily used by an ADS to make a discipline, termination, or deactivation decision, as specified. The bill would require an employer that primarily relied on an ADS to make a discipline, termination, or deactivation decision to provide the affected worker with a written notice, as specified.
This bill would prohibit an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against any worker for taking certain actions asserting their rights under the bill. The bill would require the Labor Commissioner to enforce the bill's provisions, as specified, and would authorize a public prosecutor to bring a civil action. The bill would set forth specified types of relief that a plaintiff may seek and specified penalties that an employer that violates these provisions is subject to, including a $500 civil penalty. The bill would also provide that an employer who complies with the requirements related to notice in this bill is not required to comply with any substantially similar provisions under any other state law, except as specified. The bill would 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 would declare that its provisions do not prohibit any employer from complying with regulatory or contractual requirements in the provision of products or services to the federal government, as defined.
This bill would declare that its provisions are severable.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 2Veto sustained.Latest
- Mar 2Stricken from file.
- 2025
- Oct 13In Senate. Consideration of Governor's veto pending.
- Oct 13Vetoed by the Governor Gavin Newsom.Major
- Sep 23Enrolled and presented to the Governor at 2 p.m.To Governor
- Sep 12Assembly amendments concurred in. (Ayes 28. Noes 9. Page 2988.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB7 McNerney et al. Concurrence. Result: pass.Upper
- Vote recorded SB 7 McNerney Senate Third Reading By Ward. Result: pass.Lower
- Sep 12In Senate. Concurrence in Assembly amendments pending.
- Sep 11Read third time. Passed. (Ayes 45. Noes 17. Page 3338.) Ordered to the Senate.Passed Assembly
- Sep 5Ordered to third reading.Minor
- Sep 5Read third time and amended.Major
- Sep 5Assembly Rule 69(b)(1) suspended.
- Sep 3Read second time. Ordered to third reading.Minor
- Sep 2Read second time and amended. Ordered to second reading.Major
- Aug 29From committee: Do pass as amended. (Ayes 10. Noes 4.) (August 29).Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Aug 20August 20 set for first hearing. Placed on APPR. suspense file.
- Jul 17From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 4.) (July 16). Re-referred to Com. on APPR.Minor
- Jul 16
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jul 9From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.Major
- Jul 9July 8 hearing postponed by committee.
- Jun 26From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 5. Noes 0.) (June 25). Re-referred to Com. on P. & C.P.Minor
- Jun 25
- Vote recorded Do pass and be re-referred to the Committee on [Privacy and Consumer Protection]. Result: pass.Lower
- Jun 19From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.Major
- Jun 9Referred to Coms. on L. & E., P. & C.P., and JUD.Minor
- Jun 3In Assembly. Read first time. Held at Desk.Minor
- Jun 2Read third time. Passed. (Ayes 27. Noes 10. Page 1388.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading SB7 McNerney et al. Result: pass.Upper
- May 23Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- May 23From committee: Do pass. (Ayes 5. Noes 1. Page 1187.) (May 23).Minor
- May 20Set for hearing May 23.
- May 19May 19 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- May 9Set for hearing May 19.
- May 1Read second time and amended. Re-referred to Com. on APPR.Major
- Apr 30From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 2. Page 937.) (April 29).Major
- Apr 29
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Apr 10Set for hearing April 29.
- Apr 9From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 739.) (April 9). Re-referred to Com. on JUD.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Judiciary]. Result: pass.Upper
- Mar 26Set for hearing April 9.
- Mar 19Re-referred to Coms. on L., P.E. & R. and JUD.Minor
- Mar 6From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.Major
- Jan 29Referred to Com. on RLS.Minor
- 2024
- Dec 3From printer. May be acted upon on or after January 2.
- Dec 2Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced