summary
Introduced
01/20/2015
01/20/2015
In Committee
01/20/2015
01/20/2015
Crossed Over
Passed
Dead
07/31/2016
07/31/2016
Introduced Session
189th General Court
Bill Summary
Relative to electronic monitoring in the workplace. Labor and Workforce Development.
AI Summary
This bill establishes new regulations for employers regarding electronic monitoring of employees, customers, and consumers, aiming to protect privacy and ensure transparency. It defines "electronic monitoring" broadly to include any method of collecting information about employee activities or communications beyond direct observation, such as through cameras or computer systems. The bill mandates that employers must provide prior written notice to all affected individuals, including employees, customers, and consumers, detailing what information will be collected, how it will be collected, when monitoring will occur, where equipment is located, how the data will be used, and who will be monitored. However, exceptions exist, allowing employers to conduct monitoring without notice if they have reasonable suspicion of illegal conduct or gross misconduct that would cause significant economic harm, provided they execute a notarized statement detailing the basis for the monitoring and the anticipated loss. The bill also prohibits monitoring in private areas like bathrooms and locker rooms, restricts the use of collected data as the sole basis for employee evaluations or production quotas, and outlines specific conditions under which such data can be disclosed. Furthermore, it prohibits retaliation against employees who assert their rights under this act and allows for enforcement through administrative fines or civil lawsuits, with provisions for injunctive relief and a prohibition on waiving these rights through contracts. The Director of the Office of Consumer Affairs and Business Regulation is tasked with creating and distributing informational notices and issuing regulations to implement the act, with an exception for law enforcement agencies conducting lawful criminal investigations.
Committee Categories
Labor and Employment
Sponsors (3)
Last Action
Accompanied a study order, see H4605 (on 09/12/2016)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/189/H1772 |
| Bill | https://malegislature.gov/Bills/189/H1772.pdf |
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