Bill Text: CA AB2568 | 2023-2024 | Regular Session | Amended
Bill Title: Employee personal information: electronic monitoring.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-15 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2568 Detail]
Download: California-2023-AB2568-Amended.html
|
Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2568
| Introduced by Assembly Member Pacheco |
February 14, 2024 |
An act to amend Section 1700.10 of the Labor Code, relating to employment. add Part 5.7 (commencing with Section 1550) to Division 2 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2568, as amended, Pacheco.
Talent agencies: licenses. Employee personal information: electronic monitoring.
Existing law, the California Privacy Rights Act of 2020 (CPRA), approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to require the business to delete personal information about the consumer, as specified. The CPRA permits its provisions to be approved by a statute passed by a majority of each house of the Legislature and signed by the Governor, if those amendments are consistent with and further the purpose and intent of the act.
Existing law authorizes the Division of Labor Standards Enforcement, the head of which is the Labor Commissioner, to
enforce the Labor Code and all labor laws of the state, the enforcement of which is not specifically vested in any other officer, board, or commission.
This bill would require an employer with 250 or more employees in California that controls the collection of employee personal information to notify an employee if employee personal information will be collected through electronic monitoring, as defined. The bill would require the notice to include, among other information, a description of the types of activities, locations, communications, and job roles that will be electronically monitored. The bill would require an employer to provide required notifications pursuant to these provisions to new employees and existing employees within specific timeframes and to provide updated notice if there is a material change in the employer’s practice that would render the prior notice inaccurate or incomplete. The bill would specify that an employer does
not need to provide notice if certain conditions are met, including if the employer reasonably believes that notice would compromise the integrity of an investigation. The bill would authorize the division to enforce these provisions.
This bill would state that its provisions are consistent with, and further the purpose and intent of, the CPRA.
Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies. Existing law provides that a talent agency license generally runs from birthday to birthday of the licensee, and requires each license to be renewed within the 30 days preceding the licensee’s birthday.
This bill would make nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Part 5.7 (commencing with Section 1550) is added to Division 2 of the Labor Code, to read:PART 5.7. Electronic Monitoring of Employees
1550.
(a) An employer with 250 or more employees in California that controls the collection of employee personal information shall, pursuant to subdivision (b), notify an employee if employee personal information shall be collected through electronic monitoring.(b) (1) The notice required by subdivision (a) shall include all of the following:
(A) A description of the types of activities, locations, communications, and job roles that will be electronically monitored.
(B) A description of the types of technologies used to conduct electronic monitoring and the categories of employee personal
information that will be collected as a part of the electronic monitoring.
(C) The retention periods for each category of employee personal information collected as a part of the electronic monitoring.
(2) An employer subject to this section shall provide required notifications pursuant to this section both:
(A) To any new employee no later than 15 days after their start date.
(B) To existing employees no later than 60 days after enactment of this part.
(3) Thereafter, an employer shall provide an updated notice to current employees at or before the point of collection of employee personal information, if there is any material change in the employer’s practice that would render the prior
notice inaccurate or incomplete.
(c) For purposes of this section, an employer need not provide a notice otherwise required by this section under any of the following conditions:
(1) The employer reasonably believes that notice would compromise the integrity of an investigation or inquiry of potential violations of employer policies, rules, or requirements of federal, state, or local law.
(2) The employer reasonably believes that notice would compromise the safety of employees, clients, customers, or the public.
(3) Notice would violate the requirements of federal, state, or local laws.
(4) Notice would violate a court order.
(d) The notices required by this section are not required to be provided to a job applicant unless the job applicant is hired.
(e) The Division of Labor Standards Enforcement shall have exclusive jurisdiction to enforce this section.
(f) This section shall not be enforced by an action under Part 13 (commencing with Section 2698) of Division 2.
(g) For purposes of this part, the following definitions apply:
(1) “Electronic monitoring” means the collection of employee personal information by an employer by means of a device or system that stores, generates, or transmits information in electronic form for the purpose of assessing worker performance or satisfaction of a job function. “Electronic monitoring” does not apply to processes that
are: (A) performed for the purpose of system or records maintenance, security, integrity, or protection; (B) designed to verify or protect the confidentiality, integrity, or security of employer information or information of vendors or third parties, such as client information or information licensed by the employer; (C) designed to protect the security or integrity of the employer’s property, premises, systems, networks, or devices; (D) designed to manage the type or volume of incoming or outgoing communications, or internet or systems use; or (E) designed to evaluate or collect aggregate data that is not specific to a worker.
(2) “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, that is collected, stored, used, or disclosed in the context of that worker’s participation in the
workforce, but does not include confidential business information, internal legal documents, privileged information, publicly available information, deidentified or anonymized information, aggregated information, work product such as emails sent from a company account, or another employee’s personal information.
SEC. 2.
The Legislature finds and declares that this act is consistent with, and furthers the purposes and intent of, the California Privacy Rights Act of 2020.(a)A license when first issued shall run to the next birthday of the applicant, and each license shall then be renewed within the 30 days preceding the licensee’s birthday and shall run from birthday to birthday. If the applicant is a partnership,
the license shall be renewed within the 30 days preceding the birthday of the oldest partner. If the applicant is a corporation, the license shall be renewed within the 30 days preceding the anniversary of the date the corporation was lawfully formed. Renewal shall require the filing of an application for renewal, a renewal bond, and the payment of the annual license fee, but the Labor Commissioner may demand that a new application or new bond be submitted.
(b)If the applicant or licensee
also desires a branch office license,
the applicant shall file an application pursuant to this section.
