At the conclusion of the 2026 legislative session, California Governor Gavin Newsom signed into law three bills addressing how employers use artificial intelligence (“AI”) in the workplace. Together, they place limits on AI-assisted discipline, restrict certain forms of employee surveillance, and require more detail in notices of layoffs caused by automation.

SB 947: Human Review of AI-Assisted Discipline and Termination

Beginning July 1, 2027, SB 947, the “No Robo Bosses Act,” places limits on certain uses of automated decision systems (“ADS”) to terminate or discipline employees.  Perhaps most consequentially, a number of requirements apply whenever an employer relies “primarily” on an ADS output for termination or discipline. 

  1. A human must corroborate the decision using the information underlying the output or other supporting information, such as personnel records or witness interviews.
  2. If the output cannot be corroborated, or the reviewer finds it inaccurate, incomplete, or misleading, the employer cannot use it to make the decision.
  3. When an employer primarily relies on an ADS to discipline or terminate an employee, it must provide a separate written notice when informing the employee of the decision. The notice must say that the ADS was primarily relied upon, that a human corroborated its output, and whom the employee can contact for more information.
  4. The employee may also request a meaningful, objective description of their own data used by the system.

The law also prohibits using an ADS to infer an employee’s protected status or to predict and take adverse action against an employee for exercising legal rights.

Notably, this “No Robo Bosses Act” is narrower than a bill bearing the same name that was vetoed in 2025.  Among other things, the prior version would have applied broadly to virtually all employment decisions (including hiring, evaluations, promotions, job assignments, etc.), would have covered independent contractors as well as employees, and would have required pre-use (instead of just post-use) notices in most applications.

AB 1883: Limits on AI-Powered Workplace Surveillance

Effective January 1, 2027, AB 1883 prohibits employers from using an AI-powered workplace surveillance tool to recognize, infer, or predict an individual’s emotional state or to collect “neural data” generated by measuring activity in an employee’s nervous system. However, the law also expressly carves out the use of workplace surveillance tools to ensure safety. As we previously reported, the scope of that safety provision remains an important question for employers evaluating these tools.

SB 951: Additional WARN Disclosures for Automation-Driven Layoffs

Beginning January 1, 2027, SB 951 adds disclosures to notices already required under California’s WARN Act when a mass layoff, relocation, or termination is caused wholly or substantially by AI or other automated technology replacing or automating positions. The notice must identify the number, occupations, and work locations of affected employees; the job functions being automated; and the type of technology involved. It must also state at the top: “This notice is for a technology displacement.” The Employment Development Department will publish summaries of these notices.

Employers should identify which systems influence personnel decisions, determine whether their surveillance tools analyze emotions or neural data, and account for automation when planning workforce reductions.

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law…

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily Journal, The Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law Journal, Bloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.

Photo of Gregory Knopp Gregory Knopp

Gregory (Greg) Knopp is a partner in the Labor & Employment Law Department in the Los Angeles office.

Greg defends companies in class and collective actions and other complex disputes. He has argued successfully before state and federal courts across the country and…

Gregory (Greg) Knopp is a partner in the Labor & Employment Law Department in the Los Angeles office.

Greg defends companies in class and collective actions and other complex disputes. He has argued successfully before state and federal courts across the country and has obtained dismissals of class actions in dozens of high-profile, highly consequential matters.

Greg’s clients range from entertainment companies to prominent retailers to professional sports leagues. He has also worked with financial services and other professional services firms, along with clients in the technology, transportation and healthcare spaces. All look to Greg for his ability to quickly spot legal issues and to determine strategies to maximize advantage.

With more than 20 years of experience in employment litigation, Greg has represented clients in a wide range of employment disputes involving wage and hour issues, issues specific to California employment law, sexual harassment, and arbitration compulsion.

Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.

Photo of Jonathan Slowik Jonathan Slowik

Jonathan Slowik represents employers in all aspects of litigation, with a particular emphasis in wage and hour class, collective, and representative actions, including those under the Private Attorneys General Act (PAGA). He has defended dozens of class, collective, and representative actions in state…

Jonathan Slowik represents employers in all aspects of litigation, with a particular emphasis in wage and hour class, collective, and representative actions, including those under the Private Attorneys General Act (PAGA). He has defended dozens of class, collective, and representative actions in state and federal trial and appellate courts throughout California and beyond. In addition to his core wage and hour work, Jonathan has defended employers in single-plaintiff discrimination, harassment, and retaliation cases, and in labor arbitrations. Jonathan also regularly advises clients on a wide range of compliance issues and on employment issues arising in corporate transactions.

Jonathan has deep experience representing clients in the retail and hospitality industries, but has assisted all types of clients, including those in the health care, telecommunications, finance, media, entertainment, professional services, manufacturing, sports, nonprofit, and information technology industries.

Jonathan is a frequent contributor to Proskauer’s California Employment Law Blog and has written extensively about PAGA on various platforms. He has been published or quoted in Law360, the Daily Journal, the California Lawyer, the Northern California Record, and the UCLA Law Review.

Jonathan received his B.A. from the University of Southern California in 2007, magna cum laude, and J.D. from UCLA School of Law in 2012, where he was a managing editor of the UCLA Law Review.