An Act to Protect Workers from Employer Surveillance
Maine Legislature, Session 131, LD 0949
Committee Amendment CA_A_HA_A_H575 (House)

HOUSE AMENDMENT "A,, to COMMITTEE AMENDMENT "A" to HP 596, 
L D 949, "An Act to Protect Workers from Employer Surveillance" 
Amend the amendment m section 1 m sub-c 1-D m §620 by st11kmg out all of 
subsection 5 (page 2, Imes 4 to 6 m amendment) and msertmg the followmg 
'5. Notice requirements. An employe1 using employe1 surveillance shall mform 
pt ospectlve employees dm mg the hn mg p1 ocess that the employe1 engages m employer 
surveillance and shall provide written notice at least once per calendar year to all cu11 ent 
employees that the employer engages m employer surve11lance.' 
Amend the amendment m sect10n 1 in sub-c 1-D m §620 by stnkmg out all of 
subsection 6 (page 2, Imes 7 to 9 m amendment) 
Amend the amendment m section 1 m sub-c 1-D m §620 m subsect10n 7 m the fast 
hne (page 2, lme 10 m amendment) by stnkmg out the followmg "shall" and mserting the 
followmg 'may' 
Amend the amendment m section 1 m sub-c 1-D m §620 by msertmg after subsection 
the followmg 
'9. Penalties. An employer that violates this subchapter 1s subject to a fine of not less 
than $100 and not more than $500 for each v1olat1on. The Department of Labor is 
responsible fo1 enforcement of this sub chapter ' 
Amend the amendment in sect10n 1 m §620 by renumbering the subsect10ns to read 
consecutively 
Amend the amendment by msertmg after section 1 the followmg 
'Sec. 2. Appropriations and allocat1ons. The followmg appropnatmns and 
allocat10ns are made 
LABOR, DEPARTMENT OF 
Regulation and Enforcement 0159 
Imt1ative P1ov1des ongotng funds for one half-time Labor and Safety Inspector position 
and 1 elated All Other costs to support the a11t1cipated mcrease m workload associated with 
ensurmg compliance with the regulatmns regai dmg employe1 surveillance 
HOUSE AMENDMENT 
flOS 
IO 
HOUSE AMENDMENT" A,, to COMMITTEE AMENDMENT "A
to HP 596, L D 949 
GENERAL FUND 
2023-24 
2024-25 
POSITIONS- LEGISLATIVE COUNT 
500 
0.500 
Personal Services 
$33,080 
$46,683 
All Other 
$5,376 
$7,169 
GENERAL FUND TOTAL 
$38,456 
$53,852 
Amend the amendment by 1elette1 ing or renumbering any nonconsecutive Patt lette1 01 
sect10n nurnbe1 to read consecutively 
SUMMARY 
This amendment makes the following changes to the prov1s1ons governing employer 
surveillance 
It 1equues an employe1 usmg employer su1vedlance to mform ptospective 
employees durmg the hn mg process that the employe1 engages m employe1 surveillance 
and to provide wntten notice at least once per calendat yea1 to all current employees that 
the employe1 engages m employer survetllance 
2. It provides that the Department of Lab01 may adopt rules to implement the provisions 
gove1nmg employer surveillance 
It 1emoves the prov1S1on that provides a p11vate 11ght of action 
It p10vides that an employer that v10lates the p1 ov1sions governmg employer 
smvetllance 1s subject to a fme of not less than $100 and not more than $500 for each 
v1olat10n 
The Department of Labor is responsible for enforcement of the prov1s1ons 
governmg employer smvedlance 
SPONSORED BY:~~ 
(Representative~, A.) 
TOWN: Bangor 
FISCAL NOTE REQUIRED 
(See attached) 
HOUSE AMENDMENT 
App1 oved 06/ 15/23 ;Wat:-
LD949 
LR 1207(04) 
An Act to Protect Workers from Employer Surveillance 
Fiscal Note for House Amendment "A' to Committee Amendment "A"(H-515) 
Sponsor: Rep. Roeder of Bangor 
[et Cost (Savings) 
Genet al Fund 
Appropriations/ Allocations 
Genet al Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Elunu~ates Judicial nnpacts 
FY 2023-24 
FY 2024-25 
$38,456 
$53,852 
$38,456 
$53,852 
Projections 
FY 2025-26 
$55,533 
$55,533 
Projections 
FY 2026-27 
$57,274 
$57,274 
This amendment t equu es the Depat tment of La bot to enforce the p1 ov1s10ns govemmg employe1 sut ve1llance The 
amendment mcludes ongomg Genetal Fund app1opuat1ons of $38,456 m fiscal yeat 2023-24 and $53,852 m fiscal 
yeat 2024-25 to the Regulat1011 and Enfotcement prog1am w1thm the Depaitment of Lab01 fo1 one half-time Labo1 
and Safety Inspect01 pos1t1on and 1elated All Othe1 costs to supp01t the anttctpated mciease m w01kload associated 
with ensurmg compliance with the new 1egulat10ns 
This amendment 1emoves the p1ov1s1ons m the bill that pt ov1des a pnvate t 1ght of act1011 fot n1Junct1ve tehef and 
tecovery of c1v1l penalties and attorney's fees fm v10lahon of the law regaidmg employer smve1llance It p10v1des 
that an employet who violates the law 1s subject to a fine of not less than $100 and not mote than $500 fot each 
v1olation The amount of Genet al Fund 1evenue to be 1ece1ved fiom the assessment of fines can not be estimated but 
ts expected to be mmo1 
Addtttonal costs to the Depat tment of La bot associated with the rulemakmg pt ocess can be abso1 bed w1thm ex1stmg 
budgeted 1 esources 
LR1207(04) - Fiscal Note - Page 1 of 1