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Employees Can't Challenge Automated Decisions Under Amended Calif. Bill

Workers won’t get a right to appeal automated decisions under an amended version of a California bill (SB-7) regulating employers’ use of automated decision systems (ADS). The Assembly Appropriations Committee advanced the legislation to the floor Friday despite Republican objections (see 2508290005).

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The amended version of SB-7 posted Tuesday shows that lawmakers cut an entire section of the bill about the right to appeal discipline, termination or deactivation decisions. However, it still requires employer disclosures about the use of ADS for those types of decisions.

Also, the amended SB-7 wouldn’t “apply to parties covered by a collective bargaining agreement if the agreement explicitly waives this part in clear and unambiguous terms, expressly provides for the wages or earning[s], working conditions, and other terms and conditions of work, and provides protection from algorithmic management.”

The amended measure additionally clarifies that businesses under the California Consumer Privacy Act are “subject to any privacy-related automated decisionmaking technology regulation duly adopted by the California Privacy Protection Agency.” The CPPA adopted such rules this summer, and they are expected to be finally approved by the Office of Administrative Law by Sept. 22 (see 2508120025).