NY A08328

Prohibits employers from using electronic monitoring tools to collect employee data unless the tool is strictly necessary, least invasive, limited to affected workers, and used only for specified purposes including job functions, quality assurance, performance evaluation, legal compliance, health/safety, or wage administration.

Requires employers using electronic monitoring to provide prior written notice to employees detailing the monitoring purpose, specific data collected, monitoring frequency, whether data will be used in automated employment decisions, data storage location, and retention period.

Mandates that all automated employment decision tools used in hiring, promotion, termination, or compensation decisions must undergo bias audits by independent auditors within one year (or six months for existing tools) to assess disparate impact on protected classes and accessibility for persons with disabilities.

Requires employers to notify employees and candidates at least ten business days before using automated employment decision tools, disclosing the tool's qualifications assessed, data used, bias audit results, and the employee's right to request alternative selection processes or internal review of decisions.

Establishes civil liability for violations including actual damages, attorneys' fees, and liquidated damages up to 100-300 percent; prohibits specific monitoring practices including facial recognition, emotion recognition, monitoring of private areas, and audio-visual monitoring of employees' homes or personal vehicles.