Bill Text: NY A00108 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits employers from requiring or requesting employees working at home to install monitoring software on the personal electronic device of such employee, limits monitoring on an electronic device provided by the employer to the website browsing history of such employee, and prohibits an employer from requiring an employee to leave a camera on while such employee is working from home; provided, however, an employer may require an employee to utilize a video communication program for work-related activities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to labor [A00108 Detail]

Download: New_York-2023-A00108-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           108

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Labor

        AN ACT to amend the labor law, in relation to prohibiting employers from
          certain monitoring activities of employees working at home

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The labor law is amended by adding a new section 202-n to
     2  read as follows:
     3    § 202-n. Protection of employees from certain  electronic  monitoring.
     4  1. No employer shall download, install, or require or request an employ-
     5  ee  to download or install, any program which monitors the activities of
     6  such employee while such employee is working on  a  personal  electronic
     7  device.  As  used in this section "monitor" includes, but is not limited
     8  to, tracking of mouse  movements,  keyboard  strokes,  website  browsing
     9  history,  location data, video recording of screens or access to cameras
    10  for the purpose of tracking  productivity  and/or  monitoring  employees
    11  remotely.
    12    2. No employer shall utilize any program which monitors the activities
    13  of  an  employee while such employee is working from home on an employer
    14  provided electronic device, provided however, that an employer may moni-
    15  tor the website browsing history  of  such  employee  on  such  employer
    16  provided electronic device.
    17    3.  No  employer shall require an employee to leave a camera connected
    18  to or part of, an electronic device on while such  employee  is  working
    19  from home.
    20    4.  The  commissioner  may  promulgate  regulations as he or she deems
    21  necessary for the purposes  of  carrying  out  the  provisions  of  this
    22  section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01385-01-3
        A. 108                              2

     1    5.  Nothing  in this section shall preclude an employer from requiring
     2  an employee to utilize a video communication  program  for  work-related
     3  activities.
     4    § 2. This act shall take effect immediately.