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A00108 Summary:

BILL NOA00108
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Add §202-n, Lab L
 
Prohibits employers from requiring or requesting employees working at home to install monitoring software on the personal electronic device of such employee, limits monitoring on an electronic device provided by the employer to the website browsing history of such employee, and prohibits an employer from requiring an employee to leave a camera on while such employee is working from home; provided, however, an employer may require an employee to utilize a video communication program for work-related activities.
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A00108 Actions:

BILL NOA00108
 
01/04/2023referred to labor
01/03/2024referred to labor
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A00108 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A108
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the labor law, in relation to prohibiting employers from certain monitoring activities of employees working at home   PURPOSE: This legislation will protect employee privacy by prohibiting employers from installing tracking programs on the personal devices of employees working from home.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the labor law by adding a new section 202-n. Section two establishes the effective date.   JUSTIFICATION: During the COVID-19 pandemic, employees around the state began working from home and it is expected that many will continue to do so going forward. Once employees began working from home en masse, many companies implemented systems and programs to monitor their employee's work and productivity. An April 2020 news article in The Washington Post revealed that many employers requested or required employees working from home to download apps or programs to their personal computers and other devices to track their activity throughout the day. These programs allow employ- ers to track keyboard strokes, mouse movements, website browsing histo- ries, view UPS location, take screen captures and even access the webcams installed on devices to routinely take photos to ensure the employee is actively working. Employees working inside their own homes should not be under constant surveillance by their employer. The increased popularity of these programs also creates the opportunity for employers to continue tracking employees once the pandemic subsides and employees return to their work- place. With the increase in the number of employees working from home, these programs set a dangerous precedent for the privacy of workers going forward. As our concept of a modern workplaces changes over time and as a result of technological advances, these tracking programs further blur the line between personal and professional time. This legislation will prohibit any employer in the state of New York from requiring or requesting that an employee download or install any type of tracking program to their personal device. It also strictly limits the type of information that can be collected on a company-owned device.   LEGISLATIVE HISTORY: 2021-22: A.6090 - Referred to Labor 2019-20: A.10657 - Referred to Labor   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A00108 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           108
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Labor
 
        AN ACT to amend the labor law, in relation to prohibiting employers from
          certain monitoring activities of employees working at home

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The labor law is amended by adding a new section 202-n to
     2  read as follows:
     3    § 202-n. Protection of employees from certain  electronic  monitoring.
     4  1. No employer shall download, install, or require or request an employ-
     5  ee  to download or install, any program which monitors the activities of
     6  such employee while such employee is working on  a  personal  electronic
     7  device.  As  used in this section "monitor" includes, but is not limited
     8  to, tracking of mouse  movements,  keyboard  strokes,  website  browsing
     9  history,  location data, video recording of screens or access to cameras
    10  for the purpose of tracking  productivity  and/or  monitoring  employees
    11  remotely.
    12    2. No employer shall utilize any program which monitors the activities
    13  of  an  employee while such employee is working from home on an employer
    14  provided electronic device, provided however, that an employer may moni-
    15  tor the website browsing history  of  such  employee  on  such  employer
    16  provided electronic device.
    17    3.  No  employer shall require an employee to leave a camera connected
    18  to or part of, an electronic device on while such  employee  is  working
    19  from home.
    20    4.  The  commissioner  may  promulgate  regulations as he or she deems
    21  necessary for the purposes  of  carrying  out  the  provisions  of  this
    22  section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01385-01-3

        A. 108                              2
 
     1    5.  Nothing  in this section shall preclude an employer from requiring
     2  an employee to utilize a video communication  program  for  work-related
     3  activities.
     4    § 2. This act shall take effect immediately.
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