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Labor/Employment

Oct. 21, 2026

The algorithm will see you now: How to avoid creating an evidence engine for PAGA claims

Employers own the outputs of the AI tools they deploy. They should audit those tools before errors replicate across every shift and become evidence for PAGA claims.

Marjorie Soto Garcia

Partner
Morrison Foerster LLP

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Andrew Turnbull

Partner
Morrison Foerster LLP

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Candice Rosevear

Co-Founder and Managing Director
Peregrine Economics

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The algorithm will see you now: How to avoid creating an evidence engine for PAGA claims
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Employers increasingly rely on artificial intelligence (AI) to boost productivity and manage the workforce, and states are responding with legislation limiting its use--particularly to address algorithmic bias.

On Sept. 30, 2026, Gov. Newsom signed Senate Bill 947, the "No Robo Bosses Act." Beginning July 1, 2027, California employers will be unable to rely solely on automated systems to discipline or terminate workers, and a human must corroborate AI-driven decisions. Th...

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