CA Legislature OK’s McNerney’s ‘No Robo Bosses Act’ to Ensure Human Oversight of AI in Workplace

The California Legislature has approved Sen. Jerry McNerney’s SB 7, the “No Robo Bosses Act,” groundbreaking legislation that would require human oversight of artificial intelligence systems in the workplace to help prevent abuses.

SB 7 would bar California employers from relying primarily on AI systems, known as automated decision-making systems (ADS), to discipline or terminate workers without human oversight. 

“Businesses are increasingly using AI to boost efficiency and productivity in the workplace. But there are currently no safeguards to prevent machines from unjustly or illegally impacting workers’ livelihoods,” Sen. McNerney said. “SB 7 does not prohibit ADS in the workplace, rather it establishes commonsense guardrails to ensure that California workers cannot be fired or disciplined by robo bosses with no human oversight.”

SB 7 won approval in the state Senate today on a 28-9 vote after the Assembly passed the bill on Thursday evening on a vote of 45-17. Sponsored by the California Federation of Labor Unions, AFL-CIO, SB 7 now goes to the governor’s desk for consideration. If signed, the No Robo Bosses Act would be the first such law in the nation.

“Bosses should have souls. We need commonsense guardrails to ensure human oversight of algorithms when workers are disciplined or fired. We cannot allow robo-bosses to go unchecked, while workers are treated like collateral damage of new technologies in the workplace,” said Lorena Gonzalez, President of the California Federation of Labor Unions, AFL-CIO. “With the passage of Senate Bill 7 today, California can be at the forefront of enacting first-in-the-nation protections for every working Californian against the new threat of unregulated robo-bosses. We have proven it time and time again, California can lead the way in innovation and workers’ rights.”

Employers around the globe are increasingly employing ADS — powered by artificial intelligence — to surveil, manage, and replace workers in the name of maximizing productivity and reducing costs. According to recent estimates, there are more than 550 so-called “bossware” products available to employers to help manage workplaces. But there examples of ADS making troubling errors, including people being mistakenly terminated from their job. 

SB 7 establishes necessary safeguards of AI in the workplace by:

• Requiring human oversight of ADS systems used in disciplinary and firing decisions.
• Ensuring that employers provide advance notice to workers about the use of ADS to make employment-related decisions.
• Making sure that employers notify workers who are disciplined or terminated if that decision was made primarily by ADS.

 SB 7 would be enforced by the state labor commissioner, the attorney general, or local prosecutors.

In Congress, McNerney co-founded and co-chaired the Artificial Intelligence Caucus and authored the AI in Government Act.

Sen. Jerry McNerney is chair of the Senate Revenue and Taxation Committee and his 5th Senate District includes all of San Joaquin County and Alameda County’s Tri-Valley.