HR 5228 IHCommentsClose CommentsPermalink

To protect employees from invasion of privacy by employers by prohibiting video and audio monitoring of employees when in an area where it is reasonable to expect employees to change clothing.CommentsClose CommentsPermalink

February 6, 2008

Mr. ANDREWS (for himself and Mr. PETRI) introduced the following bill; which was referred to the Committee on Education and LaborCommentsClose CommentsPermalink

To protect employees from invasion of privacy by employers by prohibiting video and audio monitoring of employees when in an area where it is reasonable to expect employees to change clothing.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Employee Changing Room Privacy Act'.CommentsClose CommentsPermalink

SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN CERTAIN EMPLOYMENT LOCATIONS.

(a) In General- An employer may not engage in video monitoring or audio monitoring of an employee of the employer when the employee is in a restroom facility, dressing room, or any other area in which it is reasonable to expect employees of the employer to change clothing.CommentsClose CommentsPermalink





(b) Use of Monitoring Results- An employer may not use the results of video or audio monitoring conducted in violation of this Act for any purpose, including any employee discipline. An employer shall immediately destroy all copies of any recording determined to have been made in violation of this Act.CommentsClose CommentsPermalink





(c) Non-Retaliation- An employer may not discharge, discipline, or discriminate in any manner against an employee because the employee has--CommentsClose CommentsPermalink





(1) filed any complaint or instituted or caused to be instituted any proceeding under this Act; orCommentsClose CommentsPermalink





(2) testified or is about to testify in any proceeding under this Act.CommentsClose CommentsPermalink





(d) Limitation- Nothing in this Act shall prohibit any video monitoring or audio monitoring conducted by a law enforcement agency as part of a criminal investigation and pursuant to a validly issued warrant.CommentsClose CommentsPermalink

SEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR.

(a) In General- Any employer who violates section 2 shall be liable to the United States for a civil money penalty in an amount not to exceed $18,000 for each violation.CommentsClose CommentsPermalink





(b) Written Notice and Opportunity for Hearing- The Secretary of Labor shall assess a civil money penalty under subsection (a) by an order made on the record after opportunity for a hearing provided in accordance with section 554 of title 5, United States Code. In connection with the hearing, the Secretary may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence that relates to the subject matter of the hearing.CommentsClose CommentsPermalink





(c) Determination of Amount of Civil Money Penalty- In determining the amount of a civil money penalty under subsection (a), the Secretary shall take into account--CommentsClose CommentsPermalink





(1) the nature, circumstances, extent, and gravity of the violation or violations; andCommentsClose CommentsPermalink





(2) with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior violations, the degree of culpability, and such other matters as justice may require.CommentsClose CommentsPermalink





(d) Modification of Civil Money Penalty- The Secretary may compromise, modify, or remit, with or without conditions, any civil money penalty assessed under subsection (a). The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the employer.CommentsClose CommentsPermalink





(e) Judicial Review- An employer who requested, in accordance with section 554 of title 5, United States Code, a hearing respecting the assessment of a civil money penalty under this subsection, and who is aggrieved by the order assessing the penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the employer resides or transacts business. Such a petition may only be filed within the 120-day period beginning on the date the order was issued.CommentsClose CommentsPermalink





(f) Failure To Pay- The Secretary of Labor may recover, in an action brought in any appropriate district court of the United States, the amount of a civil money penalty assessed under this subsection against an employer who fails to pay the penalty--CommentsClose CommentsPermalink





(1) after the order making the assessment becomes final, and if such employer does not file a petition for judicial review of the order in accordance with subsection (e); orCommentsClose CommentsPermalink





(2) after a court in an action brought under subsection (e) has entered a final judgment in favor of the Secretary.CommentsClose CommentsPermalink





(g) No Review of Penalty- In an action brought under subsection (f), the validity, amount, and appropriateness of the civil money penalty shall not be subject to review.CommentsClose CommentsPermalink





(h) Injunctive Relief- The Secretary may commence, in any court of competent jurisdiction, a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to preventing a violation of section 2.CommentsClose CommentsPermalink

SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE.

(a) In General- An employee who is aggrieved as a result of a violation of section 2 by the employer of such employee may commence, in any court of competent jurisdiction, a civil action against the employer to obtain appropriate relief, including--CommentsClose CommentsPermalink





(1) an injunction to enjoin the employer from further engaging in the violation or from committing any further violation, as appropriate;CommentsClose CommentsPermalink





(2) damages not to exceed $25,000; orCommentsClose CommentsPermalink





(3) both such remedies.CommentsClose CommentsPermalink





In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee (including expert fees) as part of the costs.CommentsClose CommentsPermalink





(b) Commencement of Proceedings- An employee referred to in subsection (a) may not commence proceedings under such subsection against an employer of the employee after the expiration of the 7-year period beginning on the later of the following:CommentsClose CommentsPermalink





(1) The date on which the employer allegedly engaged in a violation of section 2.CommentsClose CommentsPermalink





(2) The date on which the employee should have been aware of an alleged violation of section 2 by the employer.CommentsClose CommentsPermalink

SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS.

(a) State Laws- This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State or political subdivision of any State, except to the extent such laws are inconsistent with this Act, and then only to the extent of the inconsistency. A law is not inconsistent with this Act if the law affords greater protection to an employee than the protection provided under this Act.CommentsClose CommentsPermalink





(b) Collective Bargaining Agreements- This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of any collective bargaining agreements, except to the extent that such agreements are inconsistent with this Act, and then only to the extent of the inconsistency. An agreement is not inconsistent with this Act if the agreement affords greater protection to an employee than the protection provided under this Act.CommentsClose CommentsPermalink

SEC. 6. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) AUDIO MONITORING- The term `audio monitoring' means the listening to, collecting, or recording of sounds of an employee by means of audio equipment or other method.CommentsClose CommentsPermalink





(2) EMPLOYEE- The term `employee' means any person who is employed by an employer or who was employed by an employer at the time of a violation that was allegedly committed by that employer. Such term includes leased or temporary employees and an employee who is under contract to perform work for an employer.CommentsClose CommentsPermalink





(3) EMPLOYER- The term `employer' means any person or entity engaged in commerce or in an industry or activity affecting interstate commerce.CommentsClose CommentsPermalink





(4) VIDEO MONITORING- The term `video monitoring' means the videotaping, photographing, filming, or recording by any electronic means of an employee, or installing a device that videotapes, photographs, films, or otherwise records visual images.CommentsClose CommentsPermalink





(5) SECRETARY- The term `Secretary' means the Secretary of Labor.CommentsClose CommentsPermalink





(6) STATE- The term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.CommentsClose CommentsPermalink

SEC. 7. EFFECTIVE DATE.

This Act takes effect 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink