Bill Amendment: IL SB0173 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: WORKPLACE PRIVACY-MONITORING

Status: 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB0173 Detail]

Download: Illinois-2023-SB0173-Senate_Amendment_001.html

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Sen. Sara Feigenholtz

Filed: 3/2/2023

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AMENDMENT TO SENATE BILL 173
AMENDMENT NO. ______. Amend Senate Bill 173 by replacing
everything after the enacting clause with the following:
"Section 5. The Right to Privacy in the Workplace Act is
amended by adding Section 11 as follows:
(820 ILCS 55/11 new)
Sec. 11. Use of electronic monitoring.
(a) As used in this Section:
"Electronic monitoring" means the collection of
information concerning any employee's activities or
communications by any means other than direct observation,
including the use of a computer, software, telephone, wire, or
radio, or an electromagnetic, photo electronic, or photo
optical system. "Electronic monitoring" does not include the
collection of information for security purposes in common
areas of the employer's premises which are held out for use by

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the public or any act that is prohibited under State or federal
law.
"Employee" means any individual permitted to work by an
employer in an occupation, including, but not limited to,
full-time employees, part-time employees, temporary workers,
and contract employees. "Employee" also includes an unpaid
intern as described in items (i) through (iii) of paragraph
(1) of subsection (A) of Section 2-101 of the Illinois Human
Rights Act.
"Employer" has the meaning set forth in subsection (c) of
Section 3 of the Minimum Wage Law.
(b) Except as provided in subsection (c), an employer who
engages in any type of electronic monitoring of any employees
shall give each employee who may be affected prior written
notice of the types and frequency of electronic monitoring
that may be used by the employer. The written notice must be
given to an employee upon hiring or before an employer uses
electronic monitoring equipment. The written notice shall be
acknowledged by the employee either in writing or
electronically.
(c) When an employer has reasonable grounds to believe
that an employee is engaged in conduct that violates the legal
rights of the employer or the employer's other employees
related to their employment, or creates a hostile workplace
environment, and electronic monitoring is necessary to produce
evidence of this misconduct, the employer may conduct

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electronic monitoring without giving the notice required in
subsection (b).
(d) Every employer shall post and keep posted, in one or
more conspicuous places on the premises of the employer where
notices to employees are customarily posted, a notice
concerning the types of electronic monitoring that may be
utilized by the employer. An employer with employees who do
not regularly report to a physical workplace, and instead work
remotely or travel for work, shall also provide the notice by
email to its employees or conspicuously on a website,
regularly used by the employer to communicate work-related
information, that all employees are able to regularly access,
freely and without interference.
(e) The provisions of this Section shall not apply to
processes that are designed to manage the type or volume of
incoming or outgoing electronic mail, telephone voicemail, or
Internet usage that are not designed or intended to monitor or
intercept the electronic mail, telephone voicemail, or
Internet usage of a particular employee and that are performed
solely for the purpose of computer system maintenance or
protection.
(f) An employer may not use electronic monitoring for the
purpose of interfering with employee rights, including the
right to organize under the National Labor Relations Act, 29
U.S.C. 151 et seq., or any other applicable State or federal
law authorizing employees to unionize or bargain

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collectively.".