HR and future of work · Industry brief

New York Governor Kathy Hochul signed two bills creating significant compliance obligations for employers, effective November 8, 2026 and December 8, 2026. S3460 grants current and former employees broad rights to access personnel records and requires employers to notify employees within 10 days when negative information is added to their files, with the New York Attorney General authorized to bring enforcement actions with fines of $500–$2,500 per violation. A6950, the Construction Reporting Pay Act, mandates construction employers pay workers at least four hours at their hourly rate (or prevailing wage on public projects) when they report to work as requested, and two hours of pay for shifts cancelled with less than 12 hours' notice. Additional employment-related bills passed during the 2025–2026 legislative session await the governor's signature, including the No Severance Ultimatums Act, Anti-Waiver of Employment Rights Act, and Wage Payment Integrity Act, many of which would take effect immediately upon signing.

This article addresses workplace compliance litigation trends related to AI-enabled harassment and impersonation under employment law frameworks. The EEOC's 2024-28 Strategic Enforcement Plan emphasizes scrutiny of technology-driven discrimination and digital harassment. Courts are already addressing deepfake-related claims, including Carranza v. City of Los Angeles, which affirmed a $4 million jury verdict for sexual harassment involving fabricated imagery, establishing that synthetic content can constitute unlawful harassment under California law. Additional cases involve a Washington State Patrol trooper alleging discrimination and retaliation from a deepfake video, and a Nashville meteorologist suing over her employer's failure to address synthetic sexually explicit images circulating among staff. Under New York City Human Rights Law Section 8-107(13), employers face potential strict liability where AI systems exercise managerial or supervisory functions, actual liability where they knew or should have known of discriminatory conduct and failed to act, and direct liability for their own discriminatory conduct. The article recommends employers update harassment policies to expressly cover AI-generated impersonation, document AI system authority limits, prohibit unsanctioned impersonation of supervisors, strengthen authentication controls, train managers on impersonation red flags, adapt investigation protocols for AI evidence, and reassess controls once risks become known.