1520.
For purposes of this part, the following shall apply:(a) “Artificial intelligence” 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) “Authorized representative” means any person or organization appointed by the worker to serve as an agent of the worker. Authorized representative shall not include a worker’s employer.
(c) “Automated decision system” or “ADS” means any computational
process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decisionmaking and materially impacts natural persons. An automated decision system does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.
(d) “ADS output” means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.
(e) (1) “Employer” means any person who directly or indirectly, or through an agent or any other person, employs or exercises control
over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof.
(2) “Employer” includes a labor contractor of a person defined as an employer under paragraph (1).
(f) “Employment-related decision” means any decision by an employer that materially impacts a worker’s wages, benefits, compensation, work hours, work schedule, performance evaluation, hiring, discipline,
promotion, termination, job tasks, skill requirements, work responsibilities, assignment of work, access to work and training opportunities, productivity requirements, or workplace health and
safety.
(g) “Federal government” shall have the same meaning as set forth in Section 52008 of the Government Code.
(h) “Quota” means a work standard under which an employee is assigned or required to perform at a specified productivity speed, to perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the employee may suffer an adverse employment action
if they fail to complete the performance standard.
(i) “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.
(j) “Worker data” means any
information that identifies, relates to, or describes a worker, regardless of how the information is collected, inferred, or obtained.