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NY A09638
Bill
Status
Introduced
1/21/2026
Primary Sponsor
Emily Gallagher
Click for details
AI Summary
- Prohibits employers from using wage-fixing algorithms combined with personal or behavioral data to set or recommend employee wages or compensation
- Defines "wage-fixing algorithm" as computational processes using data mining, machine learning, or automated decision-making for wage determination, but excludes tools based solely on job requirements, performance, qualifications, labor market conditions, or cost of living
- "Personal data" includes identifiers, financial information, purchasing history, social media activity, browsing history, protected characteristics, biometric data, and inferences creating behavioral profiles
- Allows enforcement by the Attorney General or harmed workers through civil action, with damages of actual harm or $3,000 (whichever is larger), plus treble damages for willful violations and disgorgement of profits
- Places burden of proof on employers to demonstrate wage differences resulted from lawful factors, and protects workers from retaliation for reporting violations
Legislative Description
Prohibits the use of a wage-fixing algorithm in combination with personal or behavioral data to set or recommend wages or compensation; defines terms; establishes penalties for violations of such prohibition.
Last Action
referred to labor
1/21/2026
Committee Referrals
Labor1/21/2026
Full Bill Text
No bill text available