Protecting Workers from the Negative Job Impact of Artificial Intelligence (AI) and other Technology

The proliferation and use of artificial intelligence (AI) in countless applications and the exponential pace at which it is developing has led to very serious labor concerns that will affect our jobs, economic lives, and privacy. AI can be a valuable tool and it's responsible development and use will be essential moving forward, however it should not be viewed as a replacement for jobs or human decision making. Strong transparency and disclosures on its uses and applications, as well as worker protections, must be enacted to ensure that AI has a positive impact on our economy, not a negative one. We also need to make sure government agencies are setting the tone for responsible use of AI in their own operations to protect workers and people who access government services.

Policy Positions

BOT Act

This legislation would restrict workplace electronic monitoring tools that gather employee data and establish regulations to safeguard employees from AI-powered hiring decisions. Employers must give written notice to employees about the use of electronic monitoring equipment as well as access to the data that is collected.

The bill includes strong language to shield employees from bias, discrimination, and exploitation in the workplace by regulating AI tools that evaluate work and make decisions regarding hiring, promotion, and other labor relations issues. The bill also requires human oversight of the operations and output of AI systems. 

New York Workforce Stabilization Act 

This bill would require that employers with 100 or more employees who intend to use AI provide the Department of Labor (DOL) with a job impact assessment report detailing their AI development and use.

Additionally, this bill would impose a 2% corporate income tax on companies that use AI to replace 15 or more employees. The tax revenue would be used by the Department of Labor to mitigate the use of unregulated AI in New York’s economy and to fund workforce development and retraining.

AI and Autonomous Vehicles 

The New York State AFL-CIO opposes proposals that expand and allow the use of autonomous vehicles and opposes eliminating the law that requires a live operator in control of motor vehicles.

AI WARN Act

This proposal would require employers to notify the DOL of any intended job reductions, whether through layoff or attrition, due to the implementation of AI systems and related technology; require periodic notification of such job reductions after implementation of such systems; require the DOL to track unemployment claims caused by implementation of AI systems and related technology; require the DOL to coordinate with other state agencies to determine the effects of AI systems on social safety net programs; and target rapid-response job creation, job search/placement programs, retraining, and skill upgrades for specific sectors and regions. The bill would also require the claw back of state, local or Industrial Development Agency (IDA) assistance for employers that have utilized AI systems and caused an inordinate increase in job loss and/or regional costs to safety net programs; prohibit future government assistance for such employers; and debar such employers from future government procurement.

Ensure Fairness of Artificial Intelligence Use in the Entertainment Industry

We will support transparency requirements in the training data of AI systems, specifically noting when copyright and other intellectual property rights are used in training; updating “Right of Publicity/Civil Rights” protections to ensure deceased individuals are not used as digital replicas in expressive works without the consent of their estates; and disclaimers and disclosure with regard to the use of synthetic humans in advertising.