Bill Text: CA SB951 | 2025-2026 | Regular Session | Amended
Bill Title: Employment: technological displacement: notice.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Engrossed) 2026-07-02 - Read second time and amended. Re-referred to Com. on APPR. [SB951 Detail]
Download: California-2025-SB951-Amended.html
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Amended
IN
Assembly
July 02, 2026 |
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Amended
IN
Assembly
June 22, 2026 |
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Amended
IN
Senate
May 14, 2026 |
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Amended
IN
Senate
April 22, 2026 |
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Amended
IN
Senate
April 09, 2026 |
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Amended
IN
Senate
March 26, 2026 |
| Introduced by Senator Reyes (Coauthors: Assembly Members Bauer-Kahan and Lowenthal) |
February 02, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would establish the California Worker Technological Displacement Act, which would require an employer, as defined, to provide at least a 60-day advanced
written notice before any technological displacement affecting workers, as described. The bill would require an employer to provide that notice to affected workers, the EDD, and specified local entities. The bill would also require an employer to provide a written technology hiring disruption notice to the EDD when it executes a technological cessation in hiring caused in whole by the adoption of artificial intelligence (AI) or other automating technology. The bill would impose various reporting requirements on the EDD.
For employers with more than 100 workers, this bill would entitle workers affected by technological displacement to a right of first bid on other
positions with the employer, except as specified. The bill would prohibit an employer, during the 60-day period from when notice is provided to the worker, from discharging a worker affected by a technological displacement without reasonable and substantiated cause.
This bill would also require a local educational agency that provides layoff notices for classified and certificated staff or a community college district that provides layoff notices for academic and classified employees to provide the EDD with a written technology displacement or cessation in hiring notice when it executes a technological displacement or a technological cessation in hiring caused in whole by the adoption of AI or other automating technology, as specified.
This bill would make an employer that fails to give notice before ordering a
technological displacement
subject to certain penalties, including a $500 civil penalty for each day of the employer’s violation, except as provided.
This bill would establish the Technological Displacement Act Fund, require all civil penalties recovered by the commissioner to be deposited in the fund, and make all moneys in the fund available to the commissioner upon appropriation. The bill would also authorize the commissioner and the EDD to adopt rules and regulations to effectuate these provisions. The bill would make its provisions severable.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1400.5 of the Labor Code is amended to read:1400.5.
The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter:(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
SEC. 2.
Section 1401 of the Labor Code is amended to read:1401.
(a) An employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following:SEC. 3.
Section 1402.7 is added to the Labor Code, to read:1402.7.
(a) For purposes of this section, the following definitions apply:SEC. 4.
Section 1403 of the Labor Code is amended to read:1403.
An employer who fails to give notice as required by paragraph (2) of subdivision (a) of Section 1401 or subdivision (b) of Section 1402.7 is subject to a civil penalty of not more than five hundred dollars ($500) for each day of the employer’s violation. The employer is not subject to a civil penalty under this section, however, if the employer pays to all applicable employees the amounts for which the employer is liable under Section 1402 within three weeks from the date the employer orders the mass layoff, relocation, or termination.SEC. 5.
Section 1406 of the Labor Code is amended to read:1406.
(a) In any investigation or proceeding under this chapter, the Labor Commissioner has, in addition to all other powers granted by law, the authority to examine the books and records of an employer.SEC. 6.
The Legislature finds and declares that Section 3 of this act adding Section 1402.7 to the Labor Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act adding Section 1402.7 applies to all cities and counties, including charter cities and charter counties.This article shall be known, and may be cited, as the California Worker Technological Displacement Act.
For purposes of this article, the following definitions apply:
(a)“Artificial intelligence” or “AI” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(b)“Employer” means any person, as defined by Section 18, who directly or indirectly owns and operates a covered establishment. A parent corporation is an employer as to any covered establishment directly owned and operated by its corporate subsidiary. An “employer” includes, but is not limited to, any of the following:
(1)The state, including its legislative, judicial, and executive branches.
(2)Any city, county, or city and county, including any charter city, charter county, charter city and county, and other political subdivisions of the state.
(3)Special districts.
(4)Local educational agencies and community college districts that do not provide layoff notices pursuant to Sections 45117, 44955, 87740, and 88017 of the Education Code for academic, classified, or certificated staff.
(5)Any authority, commission, board, agency, or instrumentality of any entity specified in paragraphs (1)
to (3), inclusive.
(6)The University of California, the California State University, and community college districts.
(c)“Technological displacement” means
a layoff during any 30-day period of 50 or more workers caused in whole by an AI system or other automated technology replacing or automating employment positions.
(d)“Technological cessation in hiring” means the end of hiring permanently for an occupation or position that is caused in whole by the use of AI or other automation. “Technological cessation in hiring” does not mean an overall
reduction in employment positions.
(e)“Worker” means any natural person who is an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in any workplace, for at least 6 months of the 12 months preceding the date on which notice is required under this article. “Worker” includes, but is not limited to, full-time and part-time workers but does not include a seasonally employed individual who was hired with the understanding that their
employment is seasonal and temporary, a volunteer, or an intern.
(a)An employer shall provide at least a 60-day advanced written notice before any technological displacement as defined in subdivision (c) of Section 1414.1.
(b)The notice shall be provided to both of the following:
(1)The workers of the employer affected by the
technological disruption.
(2)The Employment Development Department, the local workforce investment board, and the city council members and county board of supervisors of each city and county in the state within which the technological displacement occurs.
(c)The notice shall contain all of the following information:
(1)The name and address of the employment site and the name, email, and telephone number of a company official or public agency contact person.
(2)A statement indicating whether the planned action is permanent or temporary.
(3)The expected
date of the first separation and the anticipated schedule for subsequent separations.
(4)The number, classification or occupation, and work location of layoffs that are substantially due to the replacement or automation by AI.
(5)The job functions performed by those workers that will be automated by AI.
(6)The specific category or type of AI system or other automating technology that substantially resulted in technological displacement, including the entity or entities that developed, sold, or leased the product.
(7)If retraining is available to current workers to transition from eliminated occupations to new ones at the company.
(8)Whether the employer plans to coordinate services, such as a rapid response orientation, through the local workforce development board, a different entity, or the employer does not plan to coordinate services with any entity.
(A)Regardless of whether the employer
chooses to coordinate services with the local workforce development board or another entity, the employer shall include in the notice a functioning email
and telephone number of the board and the following description of the rapid response activities offered by the local workforce development board in accordance with Chapter 32 (commencing with Section 3101) of Title 29 of the United States Code:
“Local Workforce Development Boards and their partners help laid off workers find new jobs. Visit an America’s Job Center of California location near you. You can get help with your resume, practice interviewing, search for jobs, and more. You can also learn about training programs to help start a new career.”
(B)If the employer chooses to coordinate services with the local workforce development board or another entity, the employer shall arrange services within 30 days
from the date of the notice.
(d)For employers with more than 100 workers, each worker affected by a technological displacement shall be entitled to the right of first bid on other positions with the employer. This subdivision shall not apply to the extent that it would conflict with the provisions of a collective bargaining agreement.
(e)An employer shall not discharge a worker affected by a technological displacement without reasonable and substantiated
cause during the 60-day period from when the notice in subdivision (c) is provided to the worker.
(a)An employer shall provide a written technology hiring disruption notice when it executes a technological cessation in hiring caused in whole by the adoption of AI or other automating technology.
(b)The notice shall be given to the Employment Development
Department.
(c)The notice shall include all of the following information:
(1)The name and address of the employment site and the name, email, and telephone number of a company official or public agency contact person.
(2)A statement indicating whether the planned action is permanent or temporary.
(3)The number of positions of the employer that were occupied at any point during the prior quarter for which the employer has decided not to fill because of a technological cessation in hiring.
(4)The
classification or occupation, and work location of positions that will no longer be filled by humans due to the replacement or automation by AI.
(5)The job functions performed in these positions.
(6)The specific category or type of AI system or other automating technology that resulted in the technological cessation of hiring, including the entity or entities that developed, sold, or leased the product.
(7)A statement if the cessation resulted in hiring or creation of other employment positions in the company and the number and occupation of those positions.
If a workforce action triggers notice obligations under both this article and Sections 1400 to 1413, inclusive, a covered employer may include the notice pursuant to paragraphs (4) to (8), inclusive, of subdivision (c) of Section 1414.2 and paragraphs (2) to (7), inclusive, of subdivision (c) of Section 1414.3 as part of the notice requirements pursuant to Sections 1400 to 1413, inclusive. In
those circumstances, the covered employer shall not be required to separately comply with Sections 1414.2 and 1414.3. Compliance with those provisions shall constitute full and complete satisfaction of any obligation the covered employer would otherwise have under Sections 1414.2 and 1414.3 and shall not constitute a violation.
(a)A local educational agency that provides layoff notices pursuant to Sections 45117 and 44955 of the Education Code for classified and certificated staff, or a community college district that provides layoff notices pursuant to Sections 87740 and 88017 of the Education Code for academic and classified employees, shall provide the Employment Development Department with a written technology displacement or cessation in hiring notice when it executes a technological displacement or a technological cessation in hiring caused in whole by the adoption of AI or other
automating technology.
(b)The notice shall be provided on an annual basis and shall include all of the information required pursuant to paragraph (1) to (8) of subdivision (c) of Section 1414.2.
(a)The Employment Development Department shall post summaries of the notices received pursuant to Sections 1414.2 and 1414.3 on their internet website as part of the existing notice requirements of the Cal/WARN Act pursuant to Sections 1400 to 1413, inclusive, and shall compile a quarterly summary using those notices to present a statewide summary of worker displacement due to AI and automation. The report shall include a link to
the Cal/WARN Act notice report internet website.
(b)The Employment Development Department shall submit the report to the labor and budget committees of the Assembly and Senate. The report submitted to the Legislature pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
An employer that fails to give notice as required by paragraph (1) of subdivision (b) of Section 1414.2 before ordering a technological displacement shall be subject to the enforcement provisions pursuant to Sections 1403 to 1407, inclusive.
(a)There is hereby established the Technological Displacement Act Fund within the State Treasury.
(b)Notwithstanding any law, all civil penalties recovered by the Labor Commissioner pursuant to this article shall be deposited in the fund.
(c)All moneys in the fund shall be available to the commissioner, upon appropriation by the Legislature, for purposes of enforcing this article.
The provisions of this article do not supersede greater protections that may be provided by a collective bargaining agreement.
The Labor Commissioner and the Employment Development Department may adopt rules and regulations as necessary and proper to effectuate the purposes of this article, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
