There is an employment litigation explosion in this country, H.R. 4908 would only foster the growth of this trend. Litigation is almost certain to follow to determine whether or not notice was reasonable and provided actual notice. This type of notice combined with annual notice is impractical and places an unjustified burden on the employer and current workplace practices. The bill does not adequately define material change and leaves this section wide open to broad judicial interpretations, which could lead to further litigation. It is unclear from the legislation whether or not it is intended to be the sole remedy for employees.
Many states currently have laws in place which address electronic monitoring in the workplace.
The assessment of damage awards as outlined in H.R. 4908 is excessive and unnecessary. The statute doesnt define employer and appears to allow for recovery from multiple violations leading to millions of dollars in punitive damages. I appreciate the opportunity to outline my concerns to you as a human resource professional. As the workforce continues to evolve along with technology it is increasingly important to strike a delicate balance in regulating employer practices and protecting employee rights. It is my belief that the concerns outlined in this correspondence will shed some light on the issue of electronic monitoring in the workplace.