In the News: Constangy Attorneys Outline Boundaries in California’s New AI Employment Laws for 2027
Constangy attorneys Arcelia Magaña and Ariel Valerio-Meek authored an article for The Recorder analyzing three new California laws that will shape how employers use artificial intelligence and automated technology in the workplace.
The attorneys explained that Governor Newsom signed AB 1883 and SB 951 on Sept. 30, 2026. Together, the laws restrict AI-enabled emotional-state surveillance, require written human corroboration for automated discipline and termination decisions, and expand California’s Worker Adjustment and Retraining Notification notice requirements when layoffs result from automation. They noted that the laws do not prohibit employers from using AI, but they do establish boundaries around how it can be applied.
“The practical takeaway for employers is that AI governance can no longer be treated solely as an information-technology or privacy issue,” said Arcelia and Ariel.
According to the attorneys, employers should inventory the AI and automated tools they use, review vendor contracts and documentation, set human-review procedures for discipline and termination, update Cal-WARN protocols, train HR and managers, and coordinate compliance across legal, HR, IT, information security and procurement teams.
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