The proposed bill, known as the "Employee Communications Monitoring Act," aims to regulate how employers monitor employee communications. It stipulates that employers are prohibited from monitoring communications unless they establish a written monitoring policy that is disclosed to and acknowledged by employees. This policy must detail the methods and media of monitoring, the types of communications subject to monitoring, the frequency of monitoring, and provide advance written notice to employees. Additionally, the bill clarifies that monitoring can only apply to electronic devices owned by the employer and not to personal devices of employees.
The bill also outlines the responsibilities of employers to comply with their established monitoring policies and prohibits them from requesting waivers of employee rights related to monitoring under state or federal law. In the event of a violation, employers may be liable for actual damages or a minimum of $5,000, along with reasonable attorney fees. The act will apply to any collective bargaining or employment agreements executed, extended, or renewed after its effective date.