NY A09641

Prohibits employers from using algorithmic wage-setting, defined as using automated decision systems to set individualized wages based on surveillance data about employees, including real-time monitoring of behaviors, biometrics, or personal characteristics

Employers may use automated wage systems only if wages are based solely on task-related data or cost-of-labor differences, and they disclose in plain language before hiring what data is collected and how it affects compensation

Employers using permitted automated wage systems must publish procedures ensuring data accuracy, allowing employees to challenge incorrect data, and enabling workers to request information about how their specific wages were calculated

Civil penalties of up to $10,000 per violation, with each affected employee constituting a separate violation; the Attorney General may recover costs and attorney fees

Creates private right of action allowing aggrieved employees to sue individually or as a group for actual damages plus 8% prejudgment interest, or $3,000 per violation, with treble damages available for intentional or bad faith violations