Assembly Bill A108

2023-2024 Legislative Session

Relates to prohibiting employers from certain monitoring activities of employees working at home

download bill text pdf

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A108 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10657
2021-2022: A6090

2023-A108 (ACTIVE) - Summary

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.

2023-A108 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    108
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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:
 
   Section  1.  The labor law is amended by adding a new section 202-n to
 read as follows:
   § 202-N. PROTECTION OF EMPLOYEES FROM CERTAIN  ELECTRONIC  MONITORING.
 1. NO EMPLOYER SHALL DOWNLOAD, INSTALL, OR REQUIRE OR REQUEST AN EMPLOY-
 EE  TO DOWNLOAD OR INSTALL, ANY PROGRAM WHICH MONITORS THE ACTIVITIES OF
 SUCH EMPLOYEE WHILE SUCH EMPLOYEE IS WORKING ON  A  PERSONAL  ELECTRONIC
 DEVICE.  AS  USED IN THIS SECTION "MONITOR" INCLUDES, BUT IS NOT LIMITED
 TO, TRACKING OF MOUSE  MOVEMENTS,  KEYBOARD  STROKES,  WEBSITE  BROWSING
 HISTORY,  LOCATION DATA, VIDEO RECORDING OF SCREENS OR ACCESS TO CAMERAS
 FOR THE PURPOSE OF TRACKING  PRODUCTIVITY  AND/OR  MONITORING  EMPLOYEES
 REMOTELY.
   2. NO EMPLOYER SHALL UTILIZE ANY PROGRAM WHICH MONITORS THE ACTIVITIES
 OF  AN  EMPLOYEE WHILE SUCH EMPLOYEE IS WORKING FROM HOME ON AN EMPLOYER
 PROVIDED ELECTRONIC DEVICE, PROVIDED HOWEVER, THAT AN EMPLOYER MAY MONI-
 TOR THE WEBSITE BROWSING HISTORY  OF  SUCH  EMPLOYEE  ON  SUCH  EMPLOYER
 PROVIDED ELECTRONIC DEVICE.
   3.  NO  EMPLOYER SHALL REQUIRE AN EMPLOYEE TO LEAVE A CAMERA CONNECTED
 TO OR PART OF, AN ELECTRONIC DEVICE ON WHILE SUCH  EMPLOYEE  IS  WORKING
 FROM HOME.
   4.  THE  COMMISSIONER  MAY  PROMULGATE  REGULATIONS AS HE OR SHE DEEMS
 NECESSARY FOR THE PURPOSES  OF  CARRYING  OUT  THE  PROVISIONS  OF  THIS
 SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01385-01-3
 A. 108                              2

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