SB 2499

Summary

As introduced: - Restricts employer's use of electronic monitoring or automated decision systems to monitor performing essential job functions, quality control, periodic performance assessments, legal compliance, workplace safety or security, wage and benefits administration, and data minimization and tailoring. - Requires the monitoring to be narrowly tailored, least invasive, limited to necessary data, deleted after the purpose is achieved, and prohibited off-duty. - Requires prior written notice to employees. - Requires retention of data for five years. Grants an employee right to correct information. - Prohibits monitoring off-duty workers, bathrooms or other private spaces, employee homes, cars, or personal property; using facial recognition, gait analysis, voice analysis, or emotion recognition technologies; tracking protected characteristics or union activity; or relying on continuous time-tracking data to take adverse employment action except in cases of egregious misconduct. - Prohibits requiring workers to implant tracking devices, install monitoring apps on personal devices, or carry location-tracking tools except when narrowly necessary. - Employers must disclose within 30 days when an employment decision relies in whole or in part on electronic monitoring. - Prohibits employers from relying on electronically monitored data for hiring, firing, discipline, or pay decisions, instead requiring meaningful human oversight. - Requires an independent impact assessment. - Protects an employee from retaliation.

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