Sen. Sara Feigenholtz

Filed: 3/2/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 173

2    AMENDMENT NO. ______. Amend Senate Bill 173 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Right to Privacy in the Workplace Act is
5amended by adding Section 11 as follows:
 
6    (820 ILCS 55/11 new)
7    Sec. 11. Use of electronic monitoring.
8    (a) As used in this Section:
9    "Electronic monitoring" means the collection of
10information concerning any employee's activities or
11communications by any means other than direct observation,
12including the use of a computer, software, telephone, wire, or
13radio, or an electromagnetic, photo electronic, or photo
14optical system. "Electronic monitoring" does not include the
15collection of information for security purposes in common
16areas of the employer's premises which are held out for use by

 

 

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1the public or any act that is prohibited under State or federal
2law.
3    "Employee" means any individual permitted to work by an
4employer in an occupation, including, but not limited to,
5full-time employees, part-time employees, temporary workers,
6and contract employees. "Employee" also includes an unpaid
7intern as described in items (i) through (iii) of paragraph
8(1) of subsection (A) of Section 2-101 of the Illinois Human
9Rights Act.
10    "Employer" has the meaning set forth in subsection (c) of
11Section 3 of the Minimum Wage Law.
12    (b) Except as provided in subsection (c), an employer who
13engages in any type of electronic monitoring of any employees
14shall give each employee who may be affected prior written
15notice of the types and frequency of electronic monitoring
16that may be used by the employer. The written notice must be
17given to an employee upon hiring or before an employer uses
18electronic monitoring equipment. The written notice shall be
19acknowledged by the employee either in writing or
20electronically.
21    (c) When an employer has reasonable grounds to believe
22that an employee is engaged in conduct that violates the legal
23rights of the employer or the employer's other employees
24related to their employment, or creates a hostile workplace
25environment, and electronic monitoring is necessary to produce
26evidence of this misconduct, the employer may conduct

 

 

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1electronic monitoring without giving the notice required in
2subsection (b).
3    (d) Every employer shall post and keep posted, in one or
4more conspicuous places on the premises of the employer where
5notices to employees are customarily posted, a notice
6concerning the types of electronic monitoring that may be
7utilized by the employer. An employer with employees who do
8not regularly report to a physical workplace, and instead work
9remotely or travel for work, shall also provide the notice by
10email to its employees or conspicuously on a website,
11regularly used by the employer to communicate work-related
12information, that all employees are able to regularly access,
13freely and without interference.
14    (e) The provisions of this Section shall not apply to
15processes that are designed to manage the type or volume of
16incoming or outgoing electronic mail, telephone voicemail, or
17Internet usage that are not designed or intended to monitor or
18intercept the electronic mail, telephone voicemail, or
19Internet usage of a particular employee and that are performed
20solely for the purpose of computer system maintenance or
21protection.
22    (f) An employer may not use electronic monitoring for the
23purpose of interfering with employee rights, including the
24right to organize under the National Labor Relations Act, 29
25U.S.C. 151 et seq., or any other applicable State or federal
26law authorizing employees to unionize or bargain

 

 

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1collectively.".