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Congress has been kicking around the idea of a 10-year AI legislation moratorium for a while now, and almost included it in the Senate’s version of President Trump’s “big beautiful bill” tax and spending bill. But while that remains an idea on the national level, states are already making their own moves to write laws about AI in the workplace.
Colorado was the first state to pass legislation around AI at work, focused on algorithmic fairness, annual impact assessments, and worker rights. And California joined the fray earlier this year when State Sen. Jerry McNerny introduced the “No Robo Bosses” Act.
California’s bill would require human oversight when it comes to promoting, demoting, disciplining, or firing workers. It would also protect personal employee information like religion and health care history, and prevent employers from using AI to protect worker actions that would result in a negative outcome against them.
“The act will be a first-of-its-kind as it places significant restrictions on the use of AI in the workplace,” Luana de Mello, assistant general counsel and HR consultant with Engage PEO, tells Fortune. “This will require businesses to take a closer look at their AI systems, including regular audits, and to ensure they are using these systems transparently and in compliance with state regulations.”
Although AI has been tantalizing for business owners with its promise of major productivity gains, the potential pitfalls are real. A recent survey found that around 60% of managers rely on AI to make choices about their direct reports. Of that group, managers are using the technology to determine raises (78%), promotions (77%), layoffs (66%), and even terminations (64%).
“The purpose of these laws really is to provide transparency,” says Angelina Evans, an attorney at Seyfarth Shaw’s Los Angeles office. “And [protect] the people that might have their rights violated, and they’re not even aware of it.”
You can read about the California bill and what it means for employers here.
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Brit Morse
brit.morse@fortune.com
