An Act to P1otect Workeis from Employer Surveillance
Maine Legislature, Session 131, LD 0949
Committee Amendment CA_A_H173 (House)

COMMITTEE AMENDMENT ✓.4- " to HP 596, L D 949, "An Act to P1otect 
Workeis from Employer Surveillance" 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 26 MRSA c. 7, sub-c. 1-D 1s enacted to read 
SUBCHAPTER 1-D 
ElVIPLOYER SURVEILLANCE 
§620. Employer surveillance 
1. Defimtmns. As used m this subchapter, unless the context otherwise md1cates, the 
followmg tenns have the followmg meamngs 
A "Employe1" means any p11vate 01 pubhc employe1, mcludmg the State and political 
subdivisions of the State 
B "Employer surveillance" means the momt01 mg of an employee by an employer 
through the use of an electromc device or system, mcludmg but not lnmted to the use 
of a computer. telephone, wire 01 radio 01 electromagnetic, photoelectromc or photo-
optical systems "Employer surveillance" does not mclude the use by employers of 
surveillance cameras for security 01 safety purposes 01 the use of GPS tl ackmg 01 other 
safety devices on vehicles owned by the employer but operated by the employee 
2. Employer surveillance. An employer may not use employer surveillance unless the 
employer notifies the employee before begmnmg the use of employe1 surveillance 
3. Audiovisual monitoring restrictions. An employer may not use aud10visual 
momtormg man employee's residence or personal velucle or on the employee's p1operty 
as a means of employer surveillance 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT ;4- "to HP 596, L D 949 
4. Employee personal devices. An employee may declme a request by an employer to 
mstall data collection or transmission apphcat10ns on the employee's personal electromc 
devices for the purposes of employer surveillance 
5. N ot1ce to prospective employee. An employer usmg employer surveillance shall 
mform a prospective employee durmg the employment interview process that the employer 
engages in employer surveillance 
6. Private right of action. A person aggrieved by a v10lation of this section has a 
private right of action for inmnctive rehef and recoveiy of civil penalties and attorney's 
fees 
7. Rulemaking. The Department of Labor shall adopt rules as necessary to implement 
this subchapter Rules adopted pursuant to this subsect10n are routine techmcal 1 ules as 
defined m Title 5, chapter 375, subchapter 2-A 
8. Relation to state and federal laws. This section may not be construed to hm1t the 
ability of an employer to comply with state and federal laws. rules or regulat10ns related to 
security, safety and transm1ss10n and handling of data ' 
Amend the bill by relettermg or renumbering any nonconsecutive Part lette1 or sect10n 
number to read consecutively 
SUMMARY 
This amendment replaces the bill The amendment specifies that an employer may use 
employer surveillance 1f the employer informs the employee before beginning employer 
surveillance It prohibits an employer from usmg audiovisual momtonng man employee's 
res:idence or pe1sonal vehicle or on the employee's p1ope1iy and p10v1des that an employee 
can declme a request by an employer to install data collection or transmiss10n apphcat10ns 
on the employee's personal electronic devices for the purposes of employer surveillance It 
also reqmres that an employer notrfy a prospective employee durmg the mterview process 
that the employer engages in employer surveillance It adds rule-makmg authority for the 
Department of Labor 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 05/11/23 ;1:Pa<!.-
LD949 
LR 1207(02) 
An Act to Protect Workers from Employer Surveillance 
Fiscal Note for Bill as Amended by Committee Amendment 'A' {jj- J?3J 
Committee: Labor and Housmg 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost mcrease - General Fund 
Mmor revenue mcrease - General Fund 
~orrect1onal and Judicial Impact Statements 
\ 
This bill may mcrease the number of civil suits filed m the court system 
The addit10nal workload associated with the mmnnal number of new cases filed m the court system does not reqmre 
addit10nal fundmg at this hme 
The collect10n of addlt10nal fihng fees will mcrease General Fund revenue by mmor amounts 
Fiscal Detail and Notes 
Addit10nal costs to the Department of Labor associated with the rulemakmg process can be absorbed withm ex.1stmg 
budgeted i esources 
LR1207(02) - Fiscal Note - Page 1 of 1