SB 6299 passed out of the Senate Labor & Commerce Committee on January 30. The committee added an amendment that requires the employee’s consent for the use of their likeness to be given within 30 days prior to their likeness being used by their employer, instead of at the time of use. The amendment also clarifies that nothing in the bill changes mandatory subjects of bargaining. The bill is now in the Senate Rules Committee waiting to be scheduled for a floor vote.

Bill protecting employees from impacts of workplace AI will be heard this week

January 26, 2024

A new bill protecting employees from the impacts of the workplace use of artificial intelligence (AI) is scheduled for a public hearing this week.

SB 6299, sponsored by Senator Derek Stanford (D–Bothell), prohibits an employer from using a “replica” of an employee’s voice or likeness without the employee’s explicit consent. Consent must be given by the employee at the time of their likeness’ use and must be after the employer has given a specific description of the intended use of the employee’s likeness. The term “replica” is not defined. The bill also prohibits an employer from using AI to evaluate or otherwise make employment decisions regarding current employees without first disclosing the employers use of such technology.

Recent news and media on AI show its already widespread and growing use in several fields and disciplines. This includes AI’s use in the workplace aiding employment decisions, such as in the hiring process or measuring employee performance. Readers may also be familiar with the use of AI in generating content – including creating likenesses of people for use in advertising or replicating their voice or image making it appear that real people have done or said things they never have. The issues surrounding the use of AI generally, and in the workplace specifically, are complex and AWC will continue to track developments in this area of workplace policy.

Dates to remember

SB 6299 is scheduled for public hearing in the Senate Labor & Commerce Committee on Monday, January 29 at 10:30 am and for a committee vote on Tuesday, January 30 at 10:30 am.