Bill > SB561

This bill, known as the Workplace Electronic Message Monitoring Act, requires employers to provide clear, written notice to employees before they electronically monitor any of their work-related communications, such as emails, which are defined as any electronic transfer of information. This notice must be acknowledged by the employee and inform them that they should not expect privacy in their work communications, as the employer may monitor them at any time. An exception to this notice requirement exists if the employer has reasonable grounds to believe an employee is engaged in illegal conduct that causes significant harm, and the monitoring is likely to uncover evidence of this conduct. If an employer violates these notice provisions, an employee can sue for damages, including at least $2,000, or equitable relief and attorney fees, within one year of discovering the violation. The act does not apply to criminal investigations, and information gathered during such investigations can still be used in disciplinary actions.