Full Text of SB0173 103rd General Assembly
SB0173sam001 103RD GENERAL ASSEMBLY | Sen. Sara Feigenholtz Filed: 3/2/2023
| | 10300SB0173sam001 | | LRB103 26009 SPS 58419 a |
|
| 1 | | AMENDMENT TO SENATE BILL 173
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 173 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Right to Privacy in the Workplace Act is | 5 | | amended 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 | 10 | | information concerning any employee's activities or | 11 | | communications by any means other than direct observation, | 12 | | including the use of a computer, software, telephone, wire, or | 13 | | radio, or an electromagnetic, photo electronic, or photo | 14 | | optical system. "Electronic monitoring" does not include the | 15 | | collection of information for security purposes in common | 16 | | areas of the employer's premises which are held out for use by |
| | | 10300SB0173sam001 | - 2 - | LRB103 26009 SPS 58419 a |
|
| 1 | | the public or any act that is prohibited under State or federal | 2 | | law. | 3 | | "Employee" means any individual permitted to work by an | 4 | | employer in an occupation, including, but not limited to, | 5 | | full-time employees, part-time employees, temporary workers, | 6 | | and contract employees. "Employee" also includes an unpaid | 7 | | intern as described in items (i) through (iii) of paragraph | 8 | | (1) of subsection (A) of Section 2-101 of the Illinois Human | 9 | | Rights Act. | 10 | | "Employer" has the meaning set forth in subsection (c) of | 11 | | Section 3 of the Minimum Wage Law. | 12 | | (b) Except as provided in subsection (c), an employer who | 13 | | engages in any type of electronic monitoring of any employees | 14 | | shall give each employee who may be affected prior written | 15 | | notice of the types and frequency of electronic monitoring | 16 | | that may be used by the employer. The written notice must be | 17 | | given to an employee upon hiring or before an employer uses | 18 | | electronic monitoring equipment. The written notice shall be | 19 | | acknowledged by the employee either in writing or | 20 | | electronically. | 21 | | (c) When an employer has reasonable grounds to believe | 22 | | that an employee is engaged in conduct that violates the legal | 23 | | rights of the employer or the employer's other employees | 24 | | related to their employment, or creates a hostile workplace | 25 | | environment, and electronic monitoring is necessary to produce | 26 | | evidence of this misconduct, the employer may conduct |
| | | 10300SB0173sam001 | - 3 - | LRB103 26009 SPS 58419 a |
|
| 1 | | electronic monitoring without giving the notice required in | 2 | | subsection (b). | 3 | | (d) Every employer shall post and keep posted, in one or | 4 | | more conspicuous places on the premises of the employer where | 5 | | notices to employees are customarily posted, a notice | 6 | | concerning the types of electronic monitoring that may be | 7 | | utilized by the employer. An employer with employees who do | 8 | | not regularly report to a physical workplace, and instead work | 9 | | remotely or travel for work, shall also provide the notice by | 10 | | email to its employees or conspicuously on a website, | 11 | | regularly used by the employer to communicate work-related | 12 | | information, that all employees are able to regularly access, | 13 | | freely and without interference. | 14 | | (e) The provisions of this Section shall not apply to | 15 | | processes that are designed to manage the type or volume of | 16 | | incoming or outgoing electronic mail, telephone voicemail, or | 17 | | Internet usage that are not designed or intended to monitor or | 18 | | intercept the electronic mail, telephone voicemail, or | 19 | | Internet usage of a particular employee and that are performed | 20 | | solely for the purpose of computer system maintenance or | 21 | | protection. | 22 | | (f) An employer may not use electronic monitoring for the | 23 | | purpose of interfering with employee rights, including the | 24 | | right to organize under the National Labor Relations Act, 29 | 25 | | U.S.C. 151 et seq., or any other applicable State or federal | 26 | | law authorizing employees to unionize or bargain |
| | | 10300SB0173sam001 | - 4 - | LRB103 26009 SPS 58419 a |
|
| 1 | | collectively. ".
|
|