The logo of Cordello Law website

Protecting Your Livelihood in Western NY From Effects of AI

As an employment lawyer here in Rochester, I’ve spent years helping my neighbors across Western New York navigate the messy reality of the workplace. Today, we face a new kind of disruption. Artificial Intelligence is moving out of the lab and into our office towers and hospital wards, fundamentally changing how we get hired and, more importantly, how we might get fired.

In this piece  I’m going to break down the cold reality of New York’s “at-will” laws in the age of automation, how a specific bill in Albany could change the game for you, and what you need to do right now to protect your livelihood, whether you’ve been on the job for twenty years or are just starting out.

Assembly Bill A9601: Ending the Era of the “Robot-Boss”

The first real line of defense is currently moving through the New York State Labor Committee. Assembly Bill A9601 is a direct response to the rise of automated decision-making in our workplaces. If passed, this law would fundamentally shift the power balance by prohibiting employers from using automated systems, including resume scanners and performance algorithms, to make final employment decisions without “meaningful human review”.

What does that mean for you? Under this bill, a human being with actual authority to override the computer must evaluate the AI’s output before you can be hired, promoted, or fired. It would also grant you a “Right to Explanation,” requiring employers to describe in plain language exactly what data the AI analyzed and what role the human reviewer played in the final decision. Most importantly, if you receive an adverse decision, you would be legally entitled to a human-conducted review of that decision upon request.

The Union Shield: Why “Just Cause” is Your Best Defense

In an “at-will” state like New York, the employer usually doesn’t need a reason to let you go. A union contract changes that by establishing a “just cause” standard. This is the only way to effectively bridge the gap between “no-cause” firing and being replaced by an algorithm.

We are already seeing this play out locally. Caregivers represented by 1199SEIU at UR Medicine Homecare recently fought a high-profile battle over “reasonable patient caseloads” . They were pushing back against algorithmic pressure that prioritizes data-driven “productivity” over human-centered care. A strong union contract can include specific “AI Guardrails,” such as language that explicitly prohibits layoffs due to technological change and mandates that AI be used to augment, not replace, human labor. 

Negotiating Technology Clauses: Don’t Get Left Behind

If you are a specialized professional—an engineer, a manager, or a technical specialist, you have the power to negotiate your own “Technology Transition Agreement.” You shouldn’t wait for your company to announce a restructuring; you should seek these protections in your initial contract or your next performance review.

A gold-standard technology clause should include:

  • Advance Notice: Demand at least 90 to 180 days of notice before any new technology is deployed that could materially alter your job duties.
  • Retraining Guarantees: Follow the lead of regional healthcare unions and secure a commitment for up to 160 hours of paid training time. This ensures that if your current tasks are automated, the company—not you—foots the bill to qualify you for a new role within the organization.
  • Pay Protection: Negotiate a “retained pay rate” provision, ensuring that if you are redeployed to a different role due to AI, your salary won’t drop below a certain percentage (often 95%) of your previous rate.

Advice for Newcomers: Thriving in the New Economy

To those just entering the workforce in Western New York, the landscape is different than it was for my generation. Companies are adopting AI so quickly that entry-level roles for workers aged 22–25 have seen a 13% decline in hiring in some sectors.  To stand out, you need a different strategy:   

AI Literacy is the Floor, Not the Ceiling: 

Employers now see AI competence as a minimum expectation.  You don’t need to be a programmer, but you need to know how to use these tools to enhance your work.    

Double Down on “Human” Skills: 

AI cannot replicate emotional intelligence, critical thinking, or complex problem-solving.  Focus on human-centric sectors like healthcare, education, and specialized trades where the human touch is the primary product.    

Cultivate “Connects”: 

In an age where AI filters out resumes, a personal referral is more valuable than ever.  Reach out to recruiters, find mentors, and focus on building genuine relationships rather than just sending out hundreds of applications.    

The future of Western New York is increasingly tied to innovation, from the semiconductor superhighway along I-90 to the supercomputing power of Empire AI at UB.  But that innovation must serve the people of Rochester and Buffalo vicinity. If you feel like your rights are being treated like a line of code, don’t be afraid to stand up and fight for the human side of the ledger.

References: