Assembly Bill A8917

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8917
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 16, 2025
                                ___________
 
 Introduced by M. of A. VALDEZ -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to amend the labor law, in relation to prohibiting the surveil-
   lance of workers in private, off-duty areas or a  worker's  residence,
   vehicle or property
 
   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 45 to read
 as follows:
   § 45. WORKPLACE SURVEILLANCE OF EMPLOYEES; PROHIBITION. 1.    FOR  THE
 PURPOSES OF THIS SECTION:
   A.   "AUTHORIZED   REPRESENTATIVE"  MEANS  A  PERSON  OR  ORGANIZATION
 APPOINTED BY THE WORKER TO SERVE AS AN AGENT OF  THE  WORKER;  PROVIDED,
 HOWEVER,  THAT  "AUTHORIZED  REPRESENTATIVE"  DOES  NOT  MEAN A WORKER'S
 EMPLOYER.
   B. "EMPLOYER" MEANS A PERSON WHO DIRECTLY OR INDIRECTLY, OR THROUGH AN
 AGENT OR ANY OTHER PERSON, EMPLOYS OR EXERCISES CONTROL OVER THE  WAGES,
 BENEFITS,  OTHER COMPENSATION, HOURS, WORKING CONDITIONS, ACCESS TO WORK
 OR JOB OPPORTUNITIES, OR OTHER TERMS OR CONDITIONS OF EMPLOYMENT, OF ANY
 WORKER. "EMPLOYER" INCLUDES AN EMPLOYER'S LABOR CONTRACTOR.
   C. "WORKER" MEANS A NATURAL PERSON OR THAT PERSON'S AUTHORIZED  REPRE-
 SENTATIVE  ACTING AS A JOB APPLICANT TO, AN EMPLOYEE OF, OR AN INDEPEND-
 ENT CONTRACTOR PROVIDING SERVICE TO, OR THROUGH, A BUSINESS OR  A  STATE
 OR LOCAL GOVERNMENTAL ENTITY IN A WORKPLACE.
   D.  "WORKER  DATA"  MEANS ANY INFORMATION THAT IDENTIFIES, RELATES TO,
 DESCRIBES, IS REASONABLY CAPABLE OF  BEING  ASSOCIATED  WITH,  OR  COULD
 REASONABLY  BE LINKED, DIRECTLY OR INDIRECTLY, WITH A WORKER, REGARDLESS
 OF HOW THE INFORMATION IS COLLECTED, INFERRED, OR OBTAINED.
   E. "WORKPLACE SURVEILLANCE TOOL" MEANS A SYSTEM, APPLICATION,  INSTRU-
 MENT,  OR  DEVICE  THAT COLLECTS OR FACILITATES THE COLLECTION OF WORKER
 DATA, ACTIVITIES, COMMUNICATIONS, ACTIONS, BIOMETRICS, OR BEHAVIORS,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13386-01-5
              

 A. 8917                             2
 
 THOSE OF THE PUBLIC, BY MEANS OTHER THAN DIRECT OBSERVATION BY A PERSON,
 INCLUDING,  BUT  NOT LIMITED TO, VIDEO OR AUDIO SURVEILLANCE, ELECTRONIC
 WORK PACE TRACKING, GEOLOCATION,  ELECTROMAGNETIC  TRACKING,  PHOTOELEC-
 TRONIC  TRACKING,  OR  UTILIZATION  OF  A  PHOTO-OPTICAL SYSTEM OR OTHER
 MEANS.
   2. A. AN EMPLOYER SHALL NOT USE A WORKPLACE SURVEILLANCE  TOOL  TO  DO
 EITHER OF THE FOLLOWING:
   (I)  MONITOR OR SURVEIL WORKERS IN PRIVATE, OFF-DUTY AREAS, INCLUDING,
 BUT NOT LIMITED TO, BATHROOMS, LOCKER ROOMS, CHANGING AREAS, BREAKROOMS,
 SMOKING AREAS,  LACTATION  SPACES,  EMPLOYEE  CAFETERIAS,  AND  LOUNGES,
 INCLUDING  DATA  COLLECTION  ON  THE  FREQUENCY  OF USE OF THOSE PRIVATE
 AREAS; OR
   (II) MONITOR OR SURVEIL A  WORKER'S  RESIDENCE,  A  WORKER'S  PERSONAL
 VEHICLE,  OR  PROPERTY  OWNED,  LEASED, OR USED BY A WORKER, UNLESS THAT
 SURVEILLANCE IS STRICTLY NECESSARY.
   B. WORKPLACE SURVEILLANCE TOOLS  SHALL  BE  DISABLED  DURING  OFF-DUTY
 HOURS,  INCLUDING  REST AND BREAK PERIODS, INCLUDING IN A WORKER'S RESI-
 DENCE, PERSONAL VEHICLE, OR PROPERTY OWNED, LEASED, OR USED BY A WORKER.
   C. AN EMPLOYER SHALL NOT REQUIRE A  WORKER  TO  PHYSICALLY  IMPLANT  A
 DEVICE  THAT  COLLECTS  OR  TRANSMITS  DATA,  INCLUDING A DEVICE THAT IS
 INSTALLED SUBCUTANEOUSLY IN THE BODY.
   3. A. AN EMPLOYER SHALL NOT DENY AN EMPLOYEE  THE  RIGHTS  UNDER  THIS
 SECTION  OR DISCHARGE, THREATEN TO DISCHARGE, DEMOTE, SUSPEND, OR IN ANY
 MANNER DISCRIMINATE AGAINST AN EMPLOYEE FOR USING, OR ATTEMPTING TO USE,
 THE EMPLOYEE'S RIGHTS UNDER THIS SECTION, FILING A  COMPLAINT  WITH  THE
 DEPARTMENT  OR  ALLEGING  A VIOLATION OF THIS SECTION, COOPERATING IN AN
 INVESTIGATION OR PROSECUTION OF AN ALLEGED VIOLATION OF THIS SECTION, OR
 OPPOSING ANY POLICY OR PRACTICE  OR  ACT  THAT  IS  PROHIBITED  BY  THIS
 SECTION.
   B.  IN  ADDITION  TO  ANY  OTHER REMEDY, AN EMPLOYER WHO VIOLATES THIS
 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF FIVE HUNDRED DOLLARS  PER
 EMPLOYEE FOR EACH VIOLATION OF THIS SECTION; PROVIDED, HOWEVER, THAT ANY
 EMPLOYEE WHO HAS SUFFERED A VIOLATION BY AN EMPLOYER WHO HAS BEEN ISSUED
 A CITATION PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION MAY BRING A CIVIL
 ACTION  IN  A COURT OF COMPETENT JURISDICTION FOR DAMAGES CAUSED BY SUCH
 VIOLATION, INCLUDING PUNITIVE DAMAGES,  AND  FOR  REASONABLE  ATTORNEY'S
 FEES  AS PART OF THE COSTS OF ANY SUCH ACTION FOR DAMAGES.  IN ANY CIVIL
 ACTION BROUGHT BY SUCH AN EMPLOYEE FOR A VIOLATION BY  AN  EMPLOYER,  AN
 EMPLOYEE  OR  THE  EMPLOYEE'S  EXCLUSIVE REPRESENTATIVE MAY PETITION THE
 SUPREME COURT IN ANY COUNTY WHEREIN THE VIOLATION  IS  ALLEGED  TO  HAVE
 OCCURRED,  OR  WHEREIN  THE  PERSON  RESIDES  OR TRANSACTS BUSINESS, FOR
 APPROPRIATE TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF.
   C. THE COMMISSIONER SHALL  BE  AUTHORIZED  TO  ENFORCE  THIS  SECTION,
 INCLUDING  INVESTIGATING  AN ALLEGED VIOLATION, AND ORDERING APPROPRIATE
 TEMPORARY RELIEF TO MITIGATE A VIOLATION  OR  MAINTAIN  THE  STATUS  QUO
 PENDING  THE  COMPLETION  OF  A FULL INVESTIGATION OR HEARING, INCLUDING
 ISSUING A CITATION AGAINST AN EMPLOYER WHO  VIOLATES  THIS  SECTION  AND
 FILING A CIVIL ACTION.
   D.  IN  ADDITION  TO  OTHER REMEDIES AS MAY BE PROVIDED BY THE LAWS OF
 THIS STATE OR ITS SUBDIVISIONS, ANY PUBLIC PROSECUTOR MAY ALSO INSTITUTE
 AN ACTION FOR A VIOLATION OF THIS SECTION, INCLUDING AN  ACTION  SEEKING
 INJUNCTIVE RELIEF.
   4.  THIS SECTION SHALL NOT BE CONSTRUED OR INTERPRETED TO SUPERSEDE OR
 PREEMPT ANY PROVISIONS OF LOCAL LAW, RULES, OR REGULATIONS.
   5. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION IS HELD  INVAL-
 ID,  SUCH  INVALIDITY  SHALL  NOT  AFFECT ANY OF THE OTHER PROVISIONS OR
 A. 8917                             3
 
 APPLICATIONS THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID  PROVISION  OR
 APPLICATION.
   6.  NOTHING  IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF
 THE ATTORNEY GENERAL, A DISTRICT  ATTORNEY,  OR  A  MUNICIPAL  ATTORNEY,
 EITHER  UPON  THEIR  OWN COMPLAINT OR THE COMPLAINT OF ANY PERSON ACTING
 FOR THEMSELVES OR THE GENERAL PUBLIC, TO PROSECUTE ACTIONS, EITHER CIVIL
 OR  CRIMINAL,  FOR  VIOLATIONS  OF  THIS  SECTION,  OR  TO  ENFORCE  THE
 PROVISIONS  THEREOF  INDEPENDENTLY AND WITHOUT SPECIFIC DIRECTION OF THE
 COMMISSIONER OR THE DIVISION.
   § 2. This act shall take effect immediately.