Use of electronic monitoring tools regulation in employment settings
What changed between versions
The definition of 'automated decision system' was changed to include systems that 'partially or fully replace' human decision-making, broadening the scope beyond just replacing human discretion.
The list of permissible monitoring purposes was reordered and slightly reworded, while the list of prohibited monitoring activities was clarified to explicitly include monitoring workers outside of regularly scheduled hours and in their residences.
A new requirement was added for the commissioner to create and publish a model notice and appeal form for employers to use when notifying workers about monitoring.
Civil penalties were changed from fixed amounts to 'up to' $1,000 and $2,500, and these fines must now be deposited into the workforce development fund rather than being general penalties.
A specific effective date of January 1, 2027, was established for the bill's provisions, replacing a general severability clause.