The California government launched what it describes as the first state tool to monitor and track the impact of artificial intelligence on the workforce. The new California AI-Unemployment Tracker will be updated monthly and is intended to identify early warning signs of AI-related job displacement.
The initial data does not show a statewide surge in unemployment claims tied to AI-exposed occupations. The tracker’s early findings suggest that any effects may be more targeted into higher exposed categories, including among college-educated workers, workers in technology-heavy sectors, and workers in the San Francisco Bay Area. In other words, the state is not only looking at whether AI is associated with job loss in the aggregate. It is also examining which workers, occupations, regions, and industries contain higher exposure. This examination is consistent with nationwide research findings that there does not seem to be a national unemployment rate spike due to AI, but an increased unemployment rate in occupations with higher exposure. Similar to this state tracking, there have been federal attempts to do similar tracking, with a federal bill introduced in June.
That context is relevant for employers evaluating or expanding the use of AI. Companies may use AI tools to improve productivity, automate tasks, support decision-making, or reorganize work. Depending on how those tools are used, or the decisions made due to these tools, employers must consider familiar employment law issues, including disparate impact, wage and hour compliance, layoff obligations, disability and accommodation issues, privacy, and employee notice concerns.
The tracker also fits within a broader policy discussion in California. State leaders have emphasized both AI innovation and worker-related issues such as retraining, civil rights, and privacy. As a result, employers will see an increase in attention to AI workforce practices from policymakers, regulators, employees, and other stakeholders, even as the legal framework continues to develop.
For employers, this may be an appropriate time to take inventory of workplace AI use. Relevant questions include what tools are being used, where they are being used, who approved them, what data they rely on, whether they are secure, what LLM they operate on, whether they affect employment-related decisions, and what level of human review is involved.
With this, employers must now consider whether existing policies adequately address employee use of AI, confidentiality, privacy, data security, accuracy, and appropriate limitations on AI use in HR, management, or productivity context. Proper training can help teammates and managers learn how to properly use AI tools, increasing productivity through responsible use without creating unnecessary exposure.
If you have questions about AI in the workplace or related issues, contact a Jackson Lewis attorney to discuss.