McNerney Introduces No Robo Bosses Act of 2026
On February 4, 2026, State Senator Jerry McNerney introduced SB 947, the No Robo Bosses Act of 2026. This landmark legislation aims to ensure human oversight of artificial intelligence (AI) systems in the workplace, addressing potential abuses associated with automated decision-making.
Key Provisions of SB 947
SB 947 establishes several critical measures to safeguard workers:
- Prohibition on Sole Reliance: Employers in California will be barred from using automated decision-making systems (ADS) as the sole basis for firing or disciplining workers.
- Human Oversight Required: The legislation mandates that any use of ADS for termination or disciplinary actions must involve human oversight and independent verification.
- Ban on Predictive Behavior Analysis: The act prohibits the use of ADS that employ personal information to predict future behavior of employees.
- Disclosure Requirement: Employers are required to inform workers if ADS were utilized in any termination or disciplinary decision.
Concerns About AI in the Workplace
Senator McNerney expressed concerns regarding the increasing reliance on AI for enhancing productivity and cost-saving measures without adequate safeguards. He noted, “AI must remain a tool controlled by humans, not the other way around.”
Supporting this sentiment, Lorena Gonzalez, president of the California Federation of Labor Unions, emphasized the need for stronger regulations, stating, “There are absolutely no restrictions on how employers can use artificial intelligence to arbitrarily discipline and fire their workers.”
Real-World Implications
Automated decision-making systems have shown to be prone to errors, which can result in wrongful terminations. For instance, there have been cases where workers were mistakenly fired due to flaws in the algorithms used by ADS.
Moreover, some ADS utilize predictive behavior models that analyze personal data to profile employees, potentially leading to adverse actions based on these predictions.
Legislative History
SB 947 serves as a reboot of SB 7, a similar piece of legislation introduced by McNerney in 2025 that was approved by both the Senate and Assembly but ultimately vetoed by the governor. The new bill has been adjusted to address the concerns raised regarding SB 7.
Senator McNerney, who chairs the Senate Revenue and Taxation Committee and is a member of the Privacy, Digital Technologies, and Consumer Protection Committee, represents the 5th Senate District covering San Joaquin County and the Tri-Valley area of Alameda County.
Conclusion
The introduction of the No Robo Bosses Act of 2026 marks a significant step towards protecting workers from potential abuses of AI in the workplace. By implementing necessary safeguards, SB 947 aims to ensure that technology serves as an ally to human workers rather than a replacement.
