Savior of Humanity Through AI

Section 1. Title

This act shall be known and may be cited as the: Human-AI Workforce Protection and Augmentation Act.

Section 2. Legislative Findings and Declarations

The Legislature finds and declares the following: (a) Artificial intelligence and autonomous systems are rapidly transforming the California economy. (b) Artificial intelligence has the potential to increase productivity, improve public services, enhance safety, expand creativity, assist medical and scientific research, strengthen education, and support workers in nearly every field. (c) Artificial intelligence also presents a substantial risk of large-scale workforce displacement if deployed primarily as a substitute for human employees rather than as a tool of human augmentation. (d) California is home to many of the world’s leading technology, media, entertainment, logistics, transportation, financial, and creative industries, and therefore has a compelling public interest in establishing responsible rules for the deployment of artificial intelligence in the workplace. (e) California has already established public policy protections relating to mass layoffs, relocations, and terminations through Labor Code Sections 1400 to 1408, commonly known as the California WARN Act. (f) Existing law does not adequately distinguish between ordinary layoffs and permanent workforce displacement caused by the deployment of artificial intelligence or autonomous systems.

(g) California has also begun regulating artificial intelligence in other contexts, including frontier AI transparency and public-sector AI governance, demonstrating the state’s role as a national leader in responsible AI policy. (h) It is the intent of the Legislature to promote artificial intelligence as a tool for human advancement, not human replacement. (i) It is further the intent of the Legislature to preserve human dignity, employment opportunity, public accountability, and economic stability while allowing California businesses to innovate and remain globally competitive.

Section 3. Definitions

For purposes of this act: (a) “Artificial intelligence system” means any machine-based system that, for explicit or implicit objectives, generates outputs including predictions, recommendations, classifications, rankings, decisions, text, images, audio, video, software code, analysis, or actions that influence physical or virtual environments. (b) “Autonomous system” means any artificial intelligence system, robotic system, software agent, or machine process capable of performing a task with limited or no real-time human direction. (c) “Covered employer” means any person, business entity, corporation, partnership, public agency, nonprofit organization, or other employing entity that employs 50 or more persons in the State of California. (d) “Covered worker” means any employee, contractor, temporary worker, reader, analyst, driver, operator, clerk, artist, writer, coder, accountant, administrator, customer service representative, or other person who performs labor or services for compensation. (e) “Human augmentation” means the use of an artificial intelligence system to assist, accelerate, inform, or enhance the work of a human worker while preserving meaningful human participation, oversight, compensation, and authority.

(f) “AI displacement” means the elimination, reduction, non-renewal, outsourcing, or material degradation of a human position, assignment, contract, or job function where an artificial intelligence system or autonomous system performs substantially similar work. (g) “Meaningful human oversight” means supervision by a trained human worker with sufficient authority, access, time, compensation, and technical ability to review, correct, approve, reject, suspend, or override the output or operation of an artificial intelligence system. (h) “High-impact decision” means any decision assisted or made by artificial intelligence that materially affects employment, wages, housing, healthcare, education, public benefits, credit, insurance, legal rights, transportation safety, public safety, or access to essential services. (i) “Human-in-command role” means a position in which a human worker is assigned responsibility for supervising, interpreting, operating, correcting, or approving the work of an artificial intelligence or autonomous system.

Section 4. Core Human Augmentation Requirement

(a) A covered employer shall not deploy an artificial intelligence system or autonomous system with the effect of materially displacing a human worker, whether directly or indirectly, unless the employer satisfies the requirements of this act. (b) Where an artificial intelligence system performs substantially similar work previously performed by a human worker, the employer shall create or maintain a meaningful human-in- command role connected to that system. (c) The human-in-command role shall not be nominal, symbolic, or illusory. (d) A covered employer may use artificial intelligence to increase productivity, improve quality, reduce danger, or assist workers, provided that human workers remain meaningfully attached to the affected workflow. (e) Nothing in this act shall be construed to prohibit a worker from voluntarily using artificial intelligence as a tool of productivity, creativity, research, analysis, or communication.

Section 5. AI Displacement Notice

(a) A covered employer that intends to deploy an artificial intelligence system resulting in AI displacement of 25 or more workers within any 90-day period shall provide written notice at least 90 days before the displacement takes effect. (b) Notice shall be provided to:

1. affected workers;
2. the Employment Development Department;
3. the Labor and Workforce Development Agency;
4. any certified collective bargaining representative; and
5. any local workforce development board serving the affected region.

(c) The notice shall include:

1. the number of workers affected;
2. the job titles affected;
3. whether the displacement is permanent or temporary;
4. the artificial intelligence or autonomous system being deployed;
5. whether affected workers will be retrained, reassigned, reduced, or terminated;
6. whether human-in-command roles will be created;
7. the expected economic impact; and
8. the employer’s AI Workforce Transition Plan.

Section 6. AI Workforce Transition Plan

(a) A covered employer engaging in AI displacement shall submit an AI Workforce Transition Plan. (b) The plan shall include:

1. retraining opportunities;
2. reassignment options;
3. wage protection measures;
4. severance proposals;
5. human oversight roles;
6. anticipated productivity gains;
7. worker consultation procedures;
8. anti-discrimination safeguards; and
9. a certification that the employer considered human augmentation before displacement.

(c) The employer shall make a good-faith effort to offer affected workers retraining for available human-in-command roles.

Section 7. Human-in-Command Requirement

(a) Every covered employer using artificial intelligence to perform work formerly performed by human employees shall designate one or more human-in-command workers. (b) A human-in-command worker shall have:

1. access to relevant AI outputs;
2. authority to review and correct outputs;
3. authority to suspend or escalate unsafe or unlawful AI activity;
4. training appropriate to the system;
5. protection from retaliation; and
6. compensation appropriate to the added responsibility.

(c) The Labor and Workforce Development Agency may issue regulations establishing reasonable supervision ratios for human-in-command roles by industry.

Section 8. Worker Rights

A covered worker shall have the right to: (a) know when artificial intelligence is materially used to evaluate, direct, discipline, rank, terminate, or replace the worker; (b) request a human review of any high-impact employment decision substantially influenced by artificial intelligence; (c) receive notice of AI displacement affecting the worker’s position; (d) receive reasonable retraining opportunities where feasible; (e) refuse to participate in unlawful, unsafe, deceptive, or undisclosed AI deployment; (f) be free from retaliation for reporting violations of this act.

Section 9. Retroactive Lookback Review and Petition Rights for AI-Related Displacement

(a) The Legislature finds and declares that artificial intelligence systems were materially deployed by employers during calendar years 2025 and 2026 in a manner that may have resulted in the displacement of human workers before the adoption of a comprehensive statutory framework governing such displacement. This is subject to constitutional limitations and procedural due process protections. (b) A covered worker who was laid off, terminated, non-renewed, reassigned, materially reduced in hours, or otherwise separated from employment during the period beginning January 1, 2025, and ending December 31, 2026, may file a petition for review if the worker reasonably believes that the worker’s position, duties, or substantially similar work were replaced, displaced, transferred, automated, or materially assumed by an artificial intelligence system or autonomous system. (c) A petition may be filed against a covered employer that employed 50 or more persons in the State of California at the time of the alleged displacement. (d) The petition may be filed by:

1. the affected worker;
2. a certified collective bargaining representative;
3. an authorized legal representative;
4. a group of similarly situated affected workers; or
5. a worker advocacy organization acting with written authorization from one or more affected workers.

(e) A petition filed under this section shall include, to the extent known and reasonably available:

1. the name of the employer;
2. the worker’s job title, department, and work location;
3. the date of layoff, termination, non-renewal, reassignment, or material reduction;
4. a description of the work previously performed by the worker;
5. facts supporting the belief that the work was replaced or materially assumed by an artificial intelligence system or autonomous system;
6. any public statements, internal communications, job postings, restructuring notices, software deployments, vendor announcements, or other evidence suggesting AI-related displacement; and
7. the remedy requested by the worker.

(f) Filing a petition under this section shall not require the worker to prove conclusively that artificial intelligence caused the displacement at the time of filing. A petition shall be sufficient if it presents a reasonable factual basis for investigation. (g) Upon receipt of a petition, the administering division established pursuant to Section 11 shall conduct a preliminary review to determine whether the petition presents a plausible claim of AI-related workforce displacement. (h) If the administering division determines that a petition presents a plausible claim, it may require the covered employer to provide relevant records, including but not limited to:

1. layoff or termination records;
2. restructuring plans;
3. records of AI deployment;
4. vendor agreements relating to AI or autonomous systems;
5. job descriptions before and after the displacement;
6. communications regarding automation or productivity replacement;
7. records showing whether the displaced work continued to be performed by human workers, contractors, vendors, AI systems, or autonomous systems; and
8. any AI Workforce Transition Plan voluntarily or internally prepared by the employer.

(i) The administering division shall determine whether AI displacement occurred based on a preponderance of the evidence. (j) In determining whether AI displacement occurred, the division may consider:

1. temporal proximity between the worker’s separation and AI deployment;
2. substantial similarity between the worker’s prior duties and the outputs or functions of the AI system;
3. employer statements concerning automation, efficiency, restructuring, or headcount reduction;
4. reduction in human staffing following AI deployment;
5. whether the work continued to be performed without a comparable human replacement;
6. whether contractors or vendors using AI assumed the work;
7. whether the employer failed to disclose AI deployment affecting the position; and
8. any other relevant evidence.

(k) If the administering division determines that AI displacement occurred, it may order one or more of the following remedies as appropriate, where legally permissible, and consistent with constitutional limitations.

1. reinstatement to the same or substantially equivalent position;
2. priority consideration for a human-in-command role;
3. back pay;
4. front pay where reinstatement is impracticable;
5. retraining at employer expense;
6. restoration of seniority or benefits where legally permissible;
7. contribution by the employer to the California Human Workforce Augmentation Fund;
8. civil penalties;
9. any other equitable relief necessary to make the worker whole.

(l) Nothing in this section shall require reinstatement where the employer proves that reinstatement is impossible, unlawful, or would impose an undue hardship. In such cases, the division may order front pay, retraining, priority hiring, or other equitable relief. (m) A petition under this section must be filed no later than two years after the effective date of this act.

(n) This section shall not limit any right or remedy available under any collective bargaining agreement, employment contract, Labor Code provision, civil rights law, wrongful termination claim, or other applicable law.

Section 10. AI Displacement Impact Fee

(a) A covered employer that displaces workers through artificial intelligence without offering substantially equivalent reassignment, retraining, or human-in-command employment shall pay an AI Displacement Impact Fee. (b) Fees collected under this section shall be deposited into the California Human Workforce Augmentation Fund. (c) The fund shall be used for:

1. worker retraining;
2. wage replacement;
3. community college AI literacy programs;
4. apprenticeship programs;
5. grants to small businesses adopting human-centered AI;
6. support for workers in creative, technical, administrative, logistics, and service sectors affected by AI displacement.

(d) The fee schedule shall be established by regulation and may consider:

1. number of workers displaced;
2. employer size;
3. payroll savings achieved by AI deployment;
4. whether affected workers were offered retraining;
5. whether the employer created human-in-command roles; and
6. whether violations were repeated or intentional.

Section 11. California AI Workforce Displacement Review Division

(a) There is hereby established within the Labor and Workforce Development Agency the California AI Workforce Displacement Review Division, which shall operate consistent with existing administrative law procedures. (b) The division shall be responsible for administering and enforcing petitions related to AI- related workforce displacement, including claims arising under the retroactive lookback review established in Section 9. (c) The division shall develop and maintain a public submission system through which workers may file petitions alleging AI-related displacement.

(d) The submission system shall include:

1. an online petition portal;
2. a paper filing option;
3. multilingual access;
4. accommodations for persons with disabilities;
5. group petition procedures;
6. secure submission of evidence;
7. confidentiality protections;
8. plain-language instructions for workers; and
9. a tracking system allowing petitioners to monitor the status of their claims.

(e) The division shall have authority to:

1. receive and investigate petitions;
2. issue subpoenas;
3. request employer records;
4. conduct interviews;
5. hold administrative hearings;
6. make findings of AI displacement;
7. order remedies authorized by this act;
8. refer matters to the Labor Commissioner, Attorney General, Civil Rights Department, or other appropriate agency; and
9. publish anonymized annual reports concerning AI displacement trends.

(f) The division shall prioritize petitions involving:

1. mass layoffs;
2. creative workers;
3. technical workers;
4. administrative workers;
5. workers in media, entertainment, technology, logistics, finance, healthcare, education, and public services;
6. employers with 50 or more employees;
7. repeated or patterned AI-related displacement.

(g) The division shall issue regulations establishing evidentiary standards, filing procedures, employer response obligations, confidentiality rules, and appeal rights. (h) Employers shall preserve relevant records concerning layoffs, terminations, workforce reductions, AI deployments, vendor automation systems, and restructuring decisions for not less than four years.

(i) Retaliation against any worker for filing, supporting, or participating in a petition under this section is prohibited.

Section 12. Incentives for Human Augmentation

(a) The State of California may provide tax credits, grants, procurement preferences, or other incentives to employers that deploy artificial intelligence primarily to augment rather than replace human workers. (b) Eligible employers may include those that:

1. retain affected workers;
2. provide paid AI training;
3. create human-in-command roles;
4. increase wages through AI productivity gains;
5. reduce dangerous labor without reducing headcount;
6. publicly certify human-centered AI practices.

Section 13. Robotics and Autonomous Physical Systems

(a) A covered employer shall not deploy a robotic or autonomous physical system to replace human labor without satisfying the requirements of this act. (b) A human-in-command role shall be required where an autonomous system performs work involving:

1. transportation;
2. delivery;
3. public safety;
4. medical care;
5. elder care;
6. child care;
7. construction;
8. hazardous materials;
9. security; and
10. critical infrastructure.

(c) Exceptions may apply where the task is demonstrably unsafe, physically impossible, or impracticable for human performance, including bomb disposal, toxic exposure, disaster response, deep-sea work, space operations, or other extreme-risk environments. (d) Even where an exception applies, the employer shall maintain appropriate human supervision, emergency override, audit logging, and safety protocols where technically feasible.

Section 14. Government Use of Artificial Intelligence

(a) A state agency, department, commission, board, or local public entity shall not use artificial intelligence as the sole final decision-maker in any high-impact decision. (b) Final authority shall remain with a human public officer or employee. (c) AI systems used in high-impact governmental decisions shall be subject to:

1. human review;
2. auditability;
3. transparency;
4. bias testing;
5. cybersecurity safeguards;
6. public accountability; and
7. appeal procedures.

(d) Where a human decision-maker and an AI system materially disagree in a high-impact governmental matter, the disagreement shall be documented and elevated for additional human review. (e) No artificial intelligence system shall serve as the final legal, moral, or political authority of the State of California.

Section 15. Creative Labor and Intellectual Work

(a) The Legislature recognizes that California’s creative economy, including film, television, animation, music, gaming, publishing, visual effects, and digital media, is uniquely vulnerable to AI displacement. (b) A covered employer in a creative industry shall not use artificial intelligence to replace writers, actors, readers, designers, artists, editors, composers, animators, visual effects workers, development executives, or other creative workers without complying with this act. (c) Artificial intelligence may be used as a creative tool where a human creator, reader, artist, or executive remains meaningfully attached to the work. (d) Nothing in this section shall reduce rights provided under collective bargaining agreements, guild agreements, copyright law, right of publicity law, or other applicable law.

Section 16. Anti-Evasion

(a) A covered employer shall not evade this act by:

1. reclassifying employees as contractors;
2. outsourcing work to avoid AI displacement reporting;
3. transferring work to an affiliate;
4. allowing positions to disappear through attrition while replacing the function with AI;
5. using vendors to perform AI replacement indirectly;
6. mischaracterizing AI systems as ordinary software;
7. concealing AI deployment from affected workers.

(b) AI displacement includes both direct and indirect substitution of human labor.

Section 17. Enforcement

(a) The Labor Commissioner may investigate alleged violations of this act. (b) The Attorney General, a city attorney, county counsel, district attorney, affected worker, or certified labor representative may bring a civil action to enforce this act. (c) Remedies may include:

1. civil penalties;
2. back pay;
3. reinstatement;
4. retraining orders;
5. injunctive relief;
6. attorney’s fees;
7. public reporting of violations;
8. suspension from state contracts.

(d) Repeated or willful violations may result in enhanced penalties.

Section 18. State Contracting Preference

(a) No covered employer shall be eligible for a state contract exceeding $1,000,000 unless it certifies compliance with this act. (b) The Department of General Services shall develop procurement rules favoring employers that adopt human-centered AI practices.

Section 19. California Human Workforce Augmentation Fund

(a) The California Human Workforce Augmentation Fund is hereby created. (b) The fund shall support workers and communities affected by AI displacement. (c) The fund may receive:

1. AI Displacement Impact Fees;
2. legislative appropriations;
3. federal funds;
4. grants;
5. penalties collected under this act.

Section 20. Rulemaking

The Labor and Workforce Development Agency, in consultation with the Department of Technology, Employment Development Department, Civil Rights Department, Department of Industrial Relations, organized labor, industry representatives, AI experts, and worker advocates, shall promulgate regulations necessary to implement this act.

Section 21. IMPLEMENTATION CONSIDERATIONS

The Legislature anticipates that implementation of this Act will require phased rulemaking and collaboration among:

• The California Labor and Workforce Development Agency
• The Employment Development Department
• The Department of Technology
• Industry stakeholders
• Labor organizations

The goal of implementation shall be clarity, enforceability, and adaptability across industries.

Section 22. Severability

If any provision of this act 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.

Section 23. Effective Date

This act shall become operative on January 1 of the year following enactment.