Citations Affected:
IC 22-5-6.
Synopsis: Electronic monitoring of employees. Requires employers to
disclose to an employee or a prospective employee any type of
electronic monitoring of employees. Limits the extent to which an
employer may electronically monitor the employees of the employers.
Permits the commissioner of labor to investigate alleged violations of
electronic monitoring of employees. Permits the commissioner of labor
to assess a civil penalty of up to $10,000 for a violation of electronic
monitoring of employees. Provides that an employee or prospective
employee may bring a civil action against an employer to enforce a
violation of electronic monitoring of employees. Provides that a court
may award actual damages and court costs and reasonable attorney's
fees to the prevailing employee or prospective employee, and may
enjoin further violation of electronic monitoring of employees.
Effective: July 1, 2001.
January 11, 2001, read first time and referred to Committee on Labor and Employment.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and industrial safety.
electromagnetic, a photoelectronic, or a photo-optical system.
Sec. 3. As used in this chapter, "employee" means an individual
who is or was permitted to work by an employer in employment.
Sec. 4. As used in this chapter, "employer" means a person that
employs employees. The term includes an individual, a
corporation, a partnership, a labor organization, an
unincorporated association, the state or a political subdivision of
the state, or any other legal business, and any agent of the
employer.
Sec. 5. As used in this chapter, "personal data" means
information concerning an employee that, because of name,
identifying number, mark, or description, can be readily associated
with a particular individual. The term includes information
contained in printouts, forms, or written analyses or evaluations.
Sec. 6. As used in this chapter, "prospective employee" means
an individual who has applied for a position of employment with an
employer.
Sec. 7. An employer that engages in electronic monitoring shall
provide each affected employee with prior written notice
describing the following information concerning electronic
monitoring that directly affects the employee:
(1) The forms of electronic monitoring to be used.
(2) The personal data to be collected.
(3) The frequency of occurrence of each form of electronic
monitoring.
(4) The use of personal data to be collected.
(5) An interpretation of printouts of statistics or other records
of information collected through electronic monitoring.
(6) Existing production standards and work performance
expectations.
(7) Methods of determining production standards and work
performance expectations based on electronic monitoring
statistics.
Sec. 8. (a) An employer shall notify a prospective employee at a
personal interview or meeting of existing forms of electronic
monitoring that may directly affect the prospective employee if the
employee is hired by the employer.
(b) Upon request by a prospective employee, an employer shall
provide the prospective employee with the written notice described
in section 7 of this chapter regarding existing forms of electronic
monitoring that may directly affect the prospective employee if the
prospective employee is hired by the employer.
Sec. 9. An employer that engages in electronic monitoring shall
provide the affected employee with a signal light, beeping tone,
verbal notification, or other form of visual or aural notice, at
periodic intervals, that indicates that electronic monitoring is
taking place. However, if the electronic monitoring is conducted on
a continuous basis during an employee's shift, the notice is not
required to be provided at periodic intervals.
Sec. 10. An employer that engages in telephone service
observation shall provide the affected employee or customer with
a signal light, beeping tone, verbal notification, or other form of
visual or aural notice, at periodic intervals, that indicates telephone
service observation is taking place.
Sec. 11. An employer shall permit an employee or the
employee's authorized agent to have access to all personal data
obtained by electronic monitoring of the employee's work.
Sec. 12. An employer may not collect personal data on an
employee through electronic monitoring if the personal data is not
relevant to the employee's work performance.
Sec.13. An employer may not disclose personal data obtained by
electronic monitoring to any person or business entity except with
the prior written consent of the individual employee to whom the
data relates unless the disclosure is made:
(1) to officers and employees of the employer who have a
legitimate need for the information in the performance of
their duties;
(2) to a law enforcement agency in connection with a criminal
investigation or prosecution; or
(3) under a court order.
Sec. 14 (a) An employer may not use personal data obtained by
electronic monitoring as the exclusive basis for an individual
employee performance evaluation or disciplinary action unless the
employee is provided with an opportunity to review the personal
data within a reasonable time after the data is obtained.
(b) An employer may not use personal data obtained by
electronic monitoring as the sole basis for setting production
quotas or work performance expectations.
(c) An employer may not possess or deliver personal data
obtained by electronic monitoring that describes how an employee
exercises rights guaranteed by the Constitution of the United States
unless the possession or delivery is:
(1) expressly authorized by statute or by the employee to
whom the data relates; or
(2) pertinent to and within the scope of an authorized law
enforcement activity.
Sec. 15. (a) The commissioner may investigate alleged violations
of sections 8 through 14 of this chapter. Upon a finding of a
violation of section 8, 9, 10, 11, 12, 13, or 14 of this chapter, the
commissioner may assess a civil penalty of up to ten thousand
dollars ($10,000) for each violation.
(b) In determining the amount of a penalty under subsection (a),
the commissioner shall consider the previous record of the
employer with respect to this chapter.
Sec. 16. (a) An employee or prospective employee may bring a
civil action against an employer to enforce sections 8 through 14 of
this chapter.
(b) If an employer violates section 8, 9, 10, 11, 12, 13, or 14 of
this chapter, the court may do the following:
(1) Award:
(A) actual damages; and
(B) court costs and reasonable attorney's fees;
to the prevailing employee or prospective employee.
(2) Enjoin further violation of this chapter.