HF 3036

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to employment; requiring notice before 
  1.3             employers may engage in electronic monitoring of 
  1.4             employees or use such monitoring as the basis of an 
  1.5             employment decision; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 181. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [181.958] [DEFINITIONS.] 
  1.9      Subdivision 1.  [APPLICABILITY.] For purposes of sections 
  1.10  181.958 to 181.9596, the following terms have the meanings given 
  1.11  in this section. 
  1.12     Subd. 2.  [EMPLOYER.] "Employer" means a person who has one 
  1.13  or more employees and includes a state agency, statewide system, 
  1.14  or political subdivision. 
  1.15     Subd. 3.  [EMPLOYEE.] "Employee" means a person who 
  1.16  performs services for hire for an employer, provided that the 
  1.17  services are provided predominantly within this state.  The term 
  1.18  does not include an independent contractor. 
  1.19     Subd. 4.  [ELECTRONIC MONITORING.] "Electronic monitoring" 
  1.20  means the collection, storage, analysis, or reporting of 
  1.21  information concerning an employee's use of a computer or 
  1.22  telephone and includes the examination of electronic mail sent 
  1.23  or received by an employee, the examination of an individual 
  1.24  employee's use of the Internet, the examination of recorded 
  1.25  voice messages sent or received by an employee, and the review 
  1.26  of telephone calls made or received by an employee. 
  2.1      Sec. 2.  [181.959] [MONITORING RESTRICTIONS.] 
  2.2      Subdivision 1.  [GENERALLY.] No employer shall engage in 
  2.3   electronic monitoring of an employee unless the employer 
  2.4   complies with the requirements of subdivision 2. 
  2.5      Subd. 2.  [NOTICE.] Prior to conducting electronic 
  2.6   monitoring of an employee, an employer must provide written 
  2.7   notice to the employee that monitoring may take place.  The 
  2.8   notice must include disclosure of the form and frequency of 
  2.9   monitoring that may be conducted, the data to be collected, how 
  2.10  the data will be used, and an explanation of the employer's 
  2.11  policies with respect to personal use of employer-owned 
  2.12  equipment.  An employer may comply with this section with regard 
  2.13  to an employee by giving the notice at the time the employee is 
  2.14  hired or at any time thereafter before monitoring occurs.  If an 
  2.15  employer has given notice to an employee once regarding 
  2.16  electronic monitoring, that employer is not required to give 
  2.17  notice to the same employee again unless the employer intends to 
  2.18  engage in monitoring of a different type than the type disclosed 
  2.19  to the employee. 
  2.20     Sec. 3.  [181.9595] [LIMITATIONS ON EMPLOYEE DISCHARGE AND 
  2.21  DISCIPLINE.] 
  2.22     No employer shall discharge, discipline, or discriminate 
  2.23  against an employee based on information obtained through 
  2.24  electronic monitoring of the employee unless the employer 
  2.25  provided to the employee the notice required by section 181.959, 
  2.26  subdivision 2, before the monitoring occurred. 
  2.27     Sec. 4.  [181.9596] [REMEDIES.] 
  2.28     Subdivision 1.  [DAMAGES.] In addition to any other 
  2.29  remedies provided by law, an employer that violates sections 
  2.30  181.958 to 181.9596 is liable to an employee injured by the 
  2.31  violation in a civil action for any damages allowable at law.  
  2.32  If a violation is found and damages awarded, the court may also 
  2.33  award reasonable attorney fees for a cause of action based on a 
  2.34  violation of sections 181.958 to 181.9596 if the court finds 
  2.35  that the employer knowingly or recklessly violated those 
  2.36  sections. 
  3.1      Subd. 2.  [INJUNCTIVE RELIEF.] An employee, a state, 
  3.2   county, or city attorney, or a collective bargaining agent who 
  3.3   fairly and adequately represents the interests of the protected 
  3.4   class has standing to bring an action for injunctive relief 
  3.5   requesting the district court to enjoin an employer that commits 
  3.6   or proposes to commit an act in violation of sections 181.958 to 
  3.7   181.9596. 
  3.8      Subd. 3.  [OTHER EQUITABLE RELIEF.] Upon finding a 
  3.9   violation of sections 181.958 to 181.9596, or as part of 
  3.10  injunctive relief granted under subdivision 2, a court may, in 
  3.11  its discretion, grant any other equitable relief it considers 
  3.12  appropriate, including ordering the injured employee reinstated 
  3.13  with back pay. 
  3.14     Subd. 4.  [RETALIATION PROHIBITED.] An employer may not 
  3.15  retaliate against an employee for asserting rights and remedies 
  3.16  provided in sections 181.958 to 181.9596.