Requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur

BILL NUMBER:S2656

Title of bill

An act to amend the labor law, in relation to requiring employers to provide prior notice to employees when they are engaging in electronic monitoring

Purpose or general idea of bill

To require employers who engage in monitoring of employee electronic communication to provide notice.

Summary of specific provisions

This bill amends the labor law by adding a new section 203-e.

Subdivision 1 defines for the purposes of the section the following terms: employer, employee, and electronic monitoring.

Subdivision 2 requires employers engaging in electronic monitoring to give prior notice to employees in writing, in an electronic record, or in another electronic form. The notice must be acknowledged by the employee either in writing or electronically. Employers are also require to post in a conspicuous place a notice outlining the types of electronic monitoring the employer may engage in. Subdivision 2 creates an exception in which an employer may monitor the electronic communications of its employees without notice when the employer has reasonable grounds to believe that employees are engaged in conduct which violates the law, violates the legal rights of the employer or other employees, or creates a hostile workplace environment.

Subdivision 3 sets a maximum civil penalty for each violation at five hundred dollars for the first offense, one thousand dollars for the second offense and three thousand dollars for the third and each subsequent offense. It also allows courts to award damages and reasonable attorneys' fees to a prevailing plaintiff as well as afford injunctive relief against any employer that commits or proposes to commit a violation of this section.

Subdivision 4 specifies that the provisions of the section do not constitute an exclusive remedy.

Subdivision 5 provides that this section does not apply to information obtained for a criminal investigation.

Subdivision 6 specifies that the section does not apply to processes undertaken by employers to manage the type or volume of incoming or outgoing electronic mail or telephone voice mail or internet usage for the purpose of computer system maintenance and/or protection.

Justification

Notifying employees of computer monitoring protects employee privacy by making sure that they understand the consequences of inappropriate internet activity. According to the American Management Agency's 2007 Electronic Monitoring and Surveillance Survey, bosses who fired employees for internet misuse cited the two main reasons as violation of company policy and excessive personal use. By making guidelines of

appropriate and inappropriate internet use public, employees will be less likely to undermine company standards. Companies will retain the right to monitor computer usage, simply with the stipulation that employees are informed of surveillance practices. This knowledge will increase transparency within the organization and help to avoid lawsuits and litigation regarding invasion of privacy. Notification of computer surveillance will permit employees to make informed decisions about their internet use with full knowledge of the ramifications of their actions, while supporting companies' ability to monitor internet activity within their organization.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.