I 
117TH CONGRESS 
2D SESSION 
H. R. 8145 
To amend the Fair Labor Standards Act of 1938 to provide for prohibitions 
on employers relating to the recording and use of employee images, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2022 
Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which 
was referred to the Committee on Education and Labor 
A BILL 
To amend the Fair Labor Standards Act of 1938 to provide 
for prohibitions on employers relating to the recording 
and use of employee images, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Professional Images 
Protection Act’’. 
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SEC. 2. PROHIBITIONS RELATING TO RECORDING AND USE 
OF EMPLOYEE IMAGES. 
(a) IN GENERAL.—The Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.) is amended by inserting 
after section 7 the following new section: 
‘‘SEC. 8. PROHIBITIONS RELATING TO RECORDING AND 
USE OF EMPLOYEE IMAGES. 
‘‘(a) IN GENERAL.—It shall be an unlawful practice 
for an employer— 
‘‘(1) to record or use an image of any employee 
(including photographs and audio or video record-
ings) unless— 
‘‘(A) prior to the recording of such 
image— 
‘‘(i) the employer discloses in writing 
to the employee— 
‘‘(I) each person who will have 
access to the image, including any 
person not employed by the employer; 
‘‘(II) how the image will be used, 
which must be for a work-related pur-
pose; and 
‘‘(III) when the image will be 
used; and 
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‘‘(ii) the employer obtains written con-
sent to record and use such image in ac-
cordance with such disclosure; and 
‘‘(B) in any event the employer seeks to 
use an image already recorded for a purpose 
not included in such disclosure, the employer 
issues a new disclosure in writing and obtains 
written consent for such new purpose; or 
‘‘(2) to discharge or in any other manner retali-
ate against any employee or prospective employee 
because the employee or prospective employee— 
‘‘(A) opposed any act or practice made un-
lawful by this section; or 
‘‘(B) took an action for which discrimina-
tion is forbidden under section 15(a)(3). 
‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 
the recording or use of any image in which it is impractical 
to obtain such consent, including recordings of large gath-
erings or recordings made for security purposes. 
‘‘(c) APPLICATION
TO
INDEPENDENT
CONTRAC-
TORS.—This section and section 16(f) shall apply with re-
spect to any contractor of an employer in the same manner 
as such sections apply to the employees of such employer. 
‘‘(d) AUTHORITY TO ISSUE REGULATIONS.—The 
Secretary of Labor shall issue such regulations or other 
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guidance as the Secretary considers necessary to assist 
employers in the implementation of this section.’’. 
(b) PENALTIES.—Section 16 of such Act (29 U.S.C. 
216) is amended by adding at the end the following new 
subsection: 
‘‘(f)(1) Any person who violates the provisions of sec-
tion 8 shall— 
‘‘(A) be subject to a civil penalty— 
‘‘(i) in the case of an employer with 100 
employees or fewer, of $20,000 for a first of-
fense, increased by an additional $10,000 for 
each subsequent offense; 
‘‘(ii) in the case of an employer with more 
than 100 employees but not more than 200 em-
ployees, of $50,000 for a first offense, increased 
by an additional $15,000 for each subsequent 
offense; 
‘‘(iii) in the case of an employer with more 
than 200 employees but not more than 500 em-
ployees, of $100,000 for a first offense, in-
creased by an additional $20,000 for each sub-
sequent offense; and 
‘‘(iv) in the case of an employer with more 
than 500 employees, of $300,000 for a first of-
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fense, increased by an additional $25,000 for 
each subsequent offense; and 
‘‘(B) be liable to each employee or prospective 
employee who was the subject of the violation for 
special damages not to exceed $10,000 plus attor-
neys’ fees, and shall be subject to such injunctive re-
lief as may be appropriate. 
‘‘(2) An action to recover the liability described in 
paragraph (1)(B) may be maintained against any em-
ployer (including a public agency) in any Federal or State 
court of competent jurisdiction by any one or more em-
ployees or prospective employees for and on behalf of— 
‘‘(A) the employees or prospective employees; 
and 
‘‘(B) other employees or prospective employees 
similarly situated.’’. 
Æ 
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