Pennsylvania HB 1559: An Act providing for notice of electronic monitoring; and imposing penalties.

Bill Text

PRINTER'S NO. 1846
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1559
Session of
2025
INTRODUCED BY WEBSTER, WAXMAN, HILL-EVANS, RABB, PROKOPIAK,
GUENST, SANCHEZ, D. WILLIAMS AND MAYES, JUNE 4, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 5, 2025
AN ACT
Providing for notice of electronic monitoring; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Employee
Right to Privacy Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Electronic monitoring." The collection of information on an
employer's premises concerning employees' activities or
communications by any means other than direct observation,
including the use of a computer, telephone, wire, radio,
electromagnetic, photoelectronic or photo-optical systems. The
term does not include the collection of information for security
purposes in common areas of the employer's premises that are
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held out for use by the public, or which collection is
prohibited under Federal or State law.
"Employee." Any person who is employed or performs services
for an employer. The term includes an independent contractor.
"Employer." Any person, firm, partnership, association,
corporation, receiver, agent, officer, officer of a court of
this Commonwealth or other person or agent of an entity under
this definition.
Section 3. Notification of electronic monitoring.
Except as provided in section 4, an employer who engages in
any type of electronic monitoring shall give prior written
notice to all employees who may be affected informing the
employees of the types of monitoring that may occur. Each
employer shall post, in a conspicuous location that is readily
available for viewing by an employee, a notice concerning the
types of electronic monitoring in which the employer may engage.
The posting under this section shall constitute prior written
notice.
Section 4. Exception.
If an employer has reasonable grounds to believe that an
employee is engaged in conduct that violates the law, violates
the legal rights of the employer or the employer's employees or
creates a hostile workplace environment and electronic
monitoring may produce evidence of misconduct, the employer may
conduct monitoring without giving prior written notice.
Section 5. Penalty.
(a) Violations.--Notwithstanding any other provision of law
to the contrary, a person who violates this act shall be subject
to a penalty of $500 for a first offense. A second violation of
this act shall result in a penalty of $2,000. A person shall be
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subject to a $5,000 penalty for a third or subsequent violation
of this act.
(b) Evidence.--Repeat violations of this act may constitute
evidence of harassment for the purpose of private causes of
action against an employer by an employee. The payment of a fine
by an employer shall not be an alternative to private action.
Section 6. Effective date.
This act shall take effect in 60 days.
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