Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1873 Compare Versions

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2	2	HOUSE DOCKET, NO. 3051 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1873
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Dylan A. Fernandes
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act preventing a dystopian work environment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Dylan A. FernandesBarnstable, Dukes and Nantucket1/19/2023 1 of 39
16	16	HOUSE DOCKET, NO. 3051 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1873
18	18	By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 1873) of
19	19	Dylan A. Fernandes relative to preventing dystopian work environments. Labor and Workforce
20	20	Development.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act preventing a dystopian work environment.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 149A of the General Laws, as appearing in the 2020 Official
30	30	2Edition, is hereby amended by adding the following chapter:
31	31	3 Chapter 149B
32	32	4 Section 1. Definitions
33	33	5 (a) As used in this chapter, the following words shall, unless a different meaning is
34	34	6required by the context or is specifically prescribed, have the following meanings:
35	35	7 “Authorized representative” , any person or organization appointed by the worker to
36	36	8serve as an agent of the worker. Authorized representative shall not include a worker’s employer.
37	37	9 “Automated Decision System (ADS)” or “algorithm” , a computational process,
38	38	10including one derived from machine learning, statistics, or other data processing or artificial
39	39	11intelligence techniques, that makes or assists an employment-related decision. 2 of 39
40	40	12 “Automated Decision System (ADS) output” , any information, data, assumptions,
41	41	13predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.
42	42	14 “Data,” or “worker data” , any information that identifies, relates to, describes, is
43	43	15reasonably capable of being associated with, or could reasonably be linked, directly or indirectly,
44	44	16with a particular worker, regardless of how the information is collected, inferred, or obtained.
45	45	17Data includes, but is not limited to, the following:
46	46	18 (i) Personal identity information, including the individual’s name, contact information,
47	47	19government-issued identification number, financial information, criminal background, or
48	48	20employment history.
49	49	21 (ii) Biometric information, including the individual’s physiological, biological, or
50	50	22behavioral characteristics, including the individual’s deoxyribonucleic acid (DNA), that can be
51	51	23used, singly or in combination with other data, to establish individual identity.
52	52	24 (iii) Health, medical, lifestyle, and wellness information, including the individual’s
53	53	25medical history, physical or mental condition, diet or physical activity patterns, heart rate,
54	54	26medical treatment or diagnosis by a healthcare professional, health insurance policy number,
55	55	27subscriber identification number, or other unique identifier used to identify the individual.
56	56	28 (iv) Any data related to workplace activities, including the following:
57	57	29 (1) Human resources information, including the contents of an individual’s personnel file
58	58	30or performance evaluations.
59	59	31 (2) Work process information, such as productivity and efficiency data. 3 of 39
60	60	32 (3) Data that captures workplace communications and interactions, including emails,
61	61	33texts, internal message boards, and customer interaction and ratings.
62	62	34 (4) Device usage and data, including calls placed or geolocation information.
63	63	35 (5) Audio-video data and other information collected from sensors, including movement
64	64	36tracking, thermal sensors, voiceprints, or faction, emotion, and gait recognition.
65	65	37 (6) Inputs of or outputs generated by an ADS that are linked to the individual.
66	66	38 (7) Data that is collected or generated on workers to mitigate the spread of infectious
67	67	39diseases, including COVID-19, or to comply with public health measures.
68	68	40 (v) Online information, including an individual’s Internet Protocol (IP) address, private
69	69	41social media activity, or other digital sources or unique identifiers associated with a worker.
70	70	42 “Department” , the department of labor & workforce development.
71	71	43 “Electronic monitoring” , the collection of information concerning worker activities or
72	72	44communications by any means other than direct observation, including the use of a computer,
73	73	45telephone, wire, radio, camera, electromagnetic, photoelectronic, or photo-optical system.
74	74	46 “Employer” , any person who directly or indirectly, or through an agent or any other
75	75	47person, employs or exercises control over the wages, benefits, other compensation, hours,
76	76	48working conditions, access to work or job opportunities, or other terms or conditions of
77	77	49employment, of any worker, including any of the employer’s labor contractors.
78	78	50 “Employment-related decision” , any decision made by the employer that affects wages,
79	79	51benefits, other compensation, hours, work schedule, performance evaluation, hiring, discipline, 4 of 39
80	80	52promotion, termination, job content, assignment of work, access to work opportunities,
81	81	53productivity requirements, workplace health and safety, and other terms or conditions of
82	82	54employment. For independent contractors or job applicants, this means the equivalent of these
83	83	55decisions based on their contract with or relationship to the employer.
84	84	56 “Essential job functions” , the fundamental duties of a position, as revealed by objective
85	85	57evidence, including the amount of time workers spend performing each function, the
86	86	58consequences of not requiring individuals to perform the function, the terms of any applicable
87	87	59collective bargaining agreement, workers’ past and present work experiences and performance in
88	88	60the position in question, and the employer’s reasonable, nondiscriminatory judgment as to which
89	89	61functions are essential. Past and current written job descriptions and the employer’s reasonable,
90	90	62nondiscriminatory judgment as to which functions are essential may be evidence as to which
91	91	63functions are essential for achieving the purposes of the job, but may not be the sole basis for this
92	92	64determination absent the objective evidence described in this section.
93	93	65 “Impact assessment” , the ongoing study and evaluation of a data collection system or an
94	94	66automated decision system and its impact on workers.
95	95	67 “Productivity system” , a management system that monitors, evaluates, or sets the
96	96	68amount and quality of work done in a set time period by workers.
97	97	69 “Secretary” , the secretary of the executive office of labor and workforce development
98	98	70 “Third party” , a person who is not one of the following:
99	99	71 (i) The employer.
100	100	72 (ii) A vendor or service provider to the employer. 5 of 39
101	101	73 (iii) A labor or employee organization within the meaning of state or federal law.
102	102	74 “Worker” , any natural person or their authorized representative acting as a job applicant
103	103	75to, an employee of, or an independent contractor providing service to, or through, a business in
104	104	76any workplace. This term includes state workers, with the limitations established in section 6.
105	105	77 “State worker”, any natural person or their authorized representative acting as a job
106	106	78applicant to, an employee of, or an independent contractor providing service to, or through, a
107	107	79state or local governmental entity in any workplace.
108	108	80 “Worker Information System (WIS)” , a process, automated or not, that involves worker
109	109	81data, including the collection, recording, organization, structuring, storage, alteration, retrieval,
110	110	82consultation, use, sharing, disclosure, dissemination, combination, restriction, erasure, or
111	111	83destruction of worker data. A WIS does not include an ADS.
112	112	84 “Workplace” , a location within Massachusetts at which or from which a worker
113	113	85performs work for an employer.
114	114	86 “Vendor” , an entity engaged by an employer or an employer’s labor contractors, to
115	115	87provide software, technology, or a related service that is used to collect, store, analyze, or
116	116	88interpret worker data or worker information.
117	117	89 Section 2. Notice of data collection
118	118	90 (a)An employer that controls the collection of worker data shall, at or before the
119	119	91point of collection, inform the workers as to all of the following: 6 of 39
120	120	92 (i)The specific categories of worker data to be collected, the specific purpose for
121	121	93which the specific categories of worker data are collected or used, and whether and how the data
122	122	94is related to the worker’s essential job functions.
123	123	95 (ii)Whether and how the data will be used to make or assist an employment-related
124	124	96decision, including any associated benchmarks.
125	125	97 (iii)Whether the data will be deidentified.
126	126	98 (iv)Whether the data will be used at the individual level, in aggregate form, or both.
127	127	99 (v)Whether the information is being disclosed or otherwise transferred to a vendor or
128	128	100other third party, the name of the vendor or third party, and for what purpose.
129	129	101 (vi)The length of time the employer intends to retain each category of worker data.
130	130	102 (vii)The worker’s right to access and correct their worker data.
131	131	103 (viii)Any data protection impact assessments, and the identity of any worker
132	132	104information systems, that are the subject of an active investigation by the department.
133	133	105 (b)Notice may be given after the point of collection only if at least one of the
134	134	106following conditions is met:
135	135	107 (i)Collection is necessary to preserve the integrity of an investigation of
136	136	108wrongdoing.
137	137	109 (ii)Earlier notice would violate the requirements of federal, state, or local laws or
138	138	110regulations. 7 of 39
139	139	111 (iii)Earlier notice would violate a court order.
140	140	112 (c)If an employer discloses worker data to a vendor, third party, or state or local
141	141	113government, the employer must provide affected workers with notice that includes the
142	142	114information specified in subsection (a).
143	143	115 (d) An employer shall provide a copy of the above notice to the department.
144	144	116 Section 2A. Right of employee to request information
145	145	117 (a)An employer, or a vendor acting on behalf of an employer, that collects, stores,
146	146	118analyzes, interprets, disseminates, or otherwise uses worker data shall provide the following
147	147	119information to the worker, in an accessible manner, upon receipt of a verifiable request:
148	148	120 (i)The specific categories and specific pieces of worker data that the employers, or a
149	149	121vendor acting on behalf of any employer, retains about that work.
150	150	122 (ii)The sources from which the data is collected.
151	151	123 (iii)The purpose for collecting, storing, analyzing, or interpreting the worker data.
152	152	124 (iv)Whether and how the data is related to the worker’s essential job functions,
153	153	125including whether and how the data is used to make or assist an employment-related decision.
154	154	126 (v)Whether the data is being used as an input in an ADS, and if so, what ADS output
155	155	127is generated based on the data.
156	156	128 (vi)Whether the data was generated as an output of an ADS. 8 of 39
157	157	129 (vii)The names of any vendors or third parties, from whom the worker data was
158	158	130obtained, or to whom an employer or vendor acting on behalf of an employer has disclosed the
159	159	131data, and the specific categories of data that was obtained or disclosed.
160	160	132 (b) When complying with a worker’s request for data access, the employer shall not
161	161	133disclose personal identity information of any individual other than the worker who submitted the
162	162	134request.
163	163	135 (c) Information provided by an employer or a vendor acting on behalf of an
164	164	136employer to a worker pursuant to subsection (a) shall be provided as follows:
165	165	137 (i)At no cost to the worker.
166	166	138 (ii)In an accessible format that allows the worker to transport it to another entity
167	167	139without hindrance.
168	168	140 (iii)In a timely manner upon receipt of the verifiable request.
169	169	141 (d)For purposes of this section, a “verifiable request” is a request made by a worker
170	170	142that the business can reasonably verify.
171	171	143 Section 2B. Data accuracy
172	172	144 (a)An employer shall ensure that worker data is accurate and, where relevant, kept
173	173	145up to date.
174	174	146 (b)A worker shall have the right to request an employer to correct any inaccurate
175	175	147worker data about the worker that the employer maintains. 9 of 39
176	176	148 (c)An employer that receives a verifiable request to correct inaccurate worker data
177	177	149shall respond to the worker’s request as follows:
178	178	150 (i)An employer shall investigate and determine whether the disputed worker data is
179	179	151inaccurate.
180	180	152 (1)If an employer determines that the disputed worker data is inaccurate, the
181	181	153employer shall do all of the following:
182	182	154 a) Promptly correct the disputed worker data and inform the worker of the
183	183	155employer’s decision and action.
184	184	156 b) Review and adjust as appropriate any employment-related decisions or ADS
185	185	157outputs that were partially or solely based on the inaccurate data, and inform the worker of the
186	186	158adjustment.
187	187	159 c) Inform any third parties with which the employer shared the inaccurate worker
188	188	160data, or from which the employer received the inaccurate worker data, and direct them to correct
189	189	161it.
190	190	162 (2)If an employer, upon investigation, determines that the disputed worker data is
191	191	163accurate, the employer shall inform the worker of the following:
192	192	164 a) The decision not to amend the disputed worker data.
193	193	165 b) The steps taken to verify the accuracy of the worker data and the evidence
194	194	166supporting the decision not to amend the disputed worker data. 10 of 39
195	195	167 (ii)An employer is not obligated to change the disputed worker data when the
196	196	168disputed worker data consists of subjective information, opinions, or other non verifiable facts, if
197	197	169the employer does all of the following:
198	198	170 (1)Documents that the disputed worker data consists of subjective information and
199	199	171notes the source of the subjective information.
200	200	172 (2)Informs the worker of its decision to deny the request to change the disputed
201	201	173worker data.
202	202	174 (iii)An employer shall not process, use, or make any employment-related decision
203	203	175based on disputed worker data while the employer is in the process of determining its accuracy.
204	204	176 Section 2C. Management of Worker Data
205	205	177 (a)An employer or vendor acting on behalf of an employer shall not collect, store,
206	206	178analyze, or interpret worker data unless the data is strictly necessary to accomplish any of the
207	207	179following purposes:
208	208	180 (i)Allowing a worker to accomplish an essential job function.
209	209	181 (ii)Monitoring production processes or quality.
210	210	182 (iii)Assessment of worker performance.
211	211	183 (iv)Ensuring compliance with employment, labor, or other relevant laws.
212	212	184 (v)Protecting the health, safety, or security of workers. 11 of 39
213	213	185 (vi)Additional purposes to enable business operations as determined by the
214	214	186department.
215	215	187 (b)An employer or a vendor acting on behalf of an employer shall not collect, store,
216	216	188analyze or interpret worker data unless such collection, storage, analysis, or interpretation is:
217	217	189 (i)necessary to accomplish a purpose mentioned in (a);
218	218	190 (ii)the least invasive means that could reasonably be used to accomplish such
219	219	191purpose; and
220	220	192 (iii)limited to the smallest number of workers.
221	221	193 (c)An employer or vendor acting on behalf of an employer shall collect, store,
222	222	194analyze and interpret the least amount of worker necessary to accomplish the purpose mentioned
223	223	195in (a).
224	224	196 (d)An employer or a vendor acting on behalf of an employer shall not use worker
225	225	197data for purposes other than those specified in the provided notice.
226	226	198 (e)An employer or a vendor acting on behalf of an employer shall not sell or license
227	227	199worker data, including deidentified or aggregated data, to a vendor or third party, including
228	228	200another employer.
229	229	201 (f)An employer or vendor acting on behalf of an employer shall not disclose or
230	230	202transfer worker data to a vendor or third party unless the following conditions are met:
231	231	203 (i)Vendor or third-party access to the worker data is pursuant to a contract with the
232	232	204employer and the contract prohibits the sale or licensing of the data. 12 of 39
233	233	205 (ii)The vendor or third party implements reasonable security procedures and
234	234	206practices appropriate to the nature of the worker data to protect the data from unauthorized or
235	235	207illegal access, destruction, use, modification, or disclosure.
236	236	208 (g)An employer or vendor acting on behalf of an employer shall not transfer or
237	237	209otherwise disclose biometric, health, or wellness data to any third party unless required under
238	238	210state or federal law.
239	239	211 (h)An employer or vendor acting on behalf of an employer shall not share worker
240	240	212data with the state or local government unless allowed under this part or otherwise necessary to
241	241	213do the following:
242	242	214 (i)Provide information to the department as required by this part.
243	243	215 (ii)Comply with the requirements of federal, state, or local law or regulation.
244	244	216 (iii)Comply with a court-issued subpoena, warrant, or order.
245	245	217 (i)An employer or vendor acting on behalf of an employer that is in possession of
246	246	218biometric, health, or wellness data shall permanently destroy that data when the initial purpose
247	247	219for collecting the data has been satisfied or at the end of the worker’s relationship with the
248	248	220employer, unless there is a reasonable interest for the worker to access the data after the
249	249	221relationship has ended.
250	250	222 (j)An employer or vendor acting on behalf of an employer shall not use biometric,
251	251	223health or wellness data, including a worker’s decision not to participate in a wellness program, as
252	252	224a basis for any employment-related decision. 13 of 39
253	253	225 (k) An employer or vendor acting on behalf of an employer shall not use worker data
254	254	226as a basis for any employment-related decision if the collection of such data prevents compliance
255	255	227with meal or rest periods, use of bathroom facilities, including reasonable travel time to and from
256	256	228bathroom facilities, or occupational health and safety laws, as appearing in the General Laws. An
257	257	229employer shall not take adverse employment action against an employee, including changes to a
258	258	230worker’s wages, based upon an employee’s use of meal or rest periods, use of bathroom
259	259	231facilities, including reasonable travel time to and from bathroom facilities, or occupational health
260	260	232and safety laws, as appearing in General Laws.
261	261	233 Section 2D. Data security
262	262	234 (a)An employer that collects, stores, analyzes, interprets, disseminates, or otherwise
263	263	235uses worker data shall undertake its best efforts to implement, maintain, and keep up-to-date
264	264	236security protections that are appropriate to the nature of the data, and to protect the data from
265	265	237unauthorized access, destruction, use, modification, or disclosure. The security program shall
266	266	238include administrative, technical, and physical safeguards.
267	267	239 (b)An employer that collects, stores, analyzes, interprets, disseminates, or otherwise
268	268	240uses worker data in any form and that becomes aware of a breach of the security of worker data
269	269	241shall promptly provide written notice to each affected worker. The employer shall provide a
270	270	242description of the specific categories of data that were, or are reasonably believed to have been,
271	271	243accessed or acquired by an unauthorized person, and what steps it will take to address the impact
272	272	244of the data breach on affected workers. The notification shall be made in the most expedient time
273	273	245possible. The employer shall promptly notify the department in writing of such a breach.
274	274	246 Section 2E. Vendor requirements 14 of 39
275	275	247 (a)A vendor that collects, stores, analyzes, interprets, disseminates, or otherwise uses
276	276	248worker data on behalf of an employer shall comply with the requirements of this chapter, and
277	277	249employers are jointly and severally liable if the vendor fails to do so.
278	278	250 (b)A vendor that collects, stores, analyzes, interprets, disseminates, or otherwise uses
279	279	251worker data on behalf of the employer must provide all necessary information to the employer to
280	280	252enable the employer to comply with the requirements of this chapter.
281	281	253 (c)A vendor that collects, stores, analyzes, or interprets worker data on behalf of the
282	282	254employer shall do all of the following upon termination of the contract with the employer:
283	283	255 (i)Return all of the worker data to the employer.
284	284	256 (ii)Delete all of the worker data.
285	285	257 Section 3. Electronic monitoring notice
286	286	258 (a)An employer or vendor acting on behalf of an employer that is planning to
287	287	259electronically monitor a worker shall provide a worker with notice that electronic monitoring
288	288	260will occur prior to conducting each specific form of electronic monitoring. Notice shall include,
289	289	261at a minimum, the following elements:
290	290	262 (i)A description of the allowable purpose that the specific form of electronic
291	291	263monitoring is intended to accomplish, as specified in section 2C.
292	292	264 (ii)A description of the specific activities, locations, communications, and job roles
293	293	265that will be electronically monitored. 15 of 39
294	294	266 (iii)A description of the technologies used to conduct the specific form of electronic
295	295	267monitoring and the worker data that will be collected as a part of the electronic monitoring.
296	296	268 (iv)Whether the data gathered through electronic monitoring will be used to make or
297	297	269inform an employment-related decision, and if so, the nature of that decision, including any
298	298	270associated benchmarks.
299	299	271 (v)Whether the data gathered through electronic monitoring will be used to assess
300	300	272workers’ productivity performance or to set productivity standards, and if so, how.
301	301	273 (vi)The names of any vendors conducting electronic monitoring on the employer’s
302	302	274behalf and any associated contract language related to that monitoring.
303	303	275 (vii)A description of a vendor or third party to whom information collected through
304	304	276electronic monitoring will be disclosed or transferred. The description will include the name of
305	305	277the vendor and the purpose for the data transfer.
306	306	278 (viii)A description of the organizational positions that are authorized to access the data
307	307	279gathered through the specific form of electronic monitoring and under what conditions.
308	308	280 (ix)A description of the dates, times, and frequency that electronic monitoring will
309	309	281occur.
310	310	282 (x)A description of where the data will be stored and the length it will be retained.
311	311	283 (xi)An explanation of why the specific form of electronic monitoring is strictly
312	312	284necessary to accomplish an allowable purpose described in subsection (a) of section 3C. 16 of 39
313	313	285 (xii)An explanation for how the specific monitoring practice is the least invasive
314	314	286means available to accomplish the allowable monitoring purpose as outlined in subsection (a) of
315	315	287section 3C.
316	316	288 (xiii)Notice of the workers’ right to access or correct the data.
317	317	289 (xiv)Notice of the workers’ right to recourse under section 6.
318	318	290 (b)Notice of the specific form of electronic monitoring shall be clear and
319	319	291conspicuous and provide the worker with actual notice of electronic monitoring activities. A
320	320	292notice that states electronic monitoring “may” take place or that the employer “reserves the
321	321	293right” to monitor shall not be considered clear and conspicuous.
322	322	294 (c)(1) An employer who engages in random or periodic electronic monitoring of
323	323	295workers shall inform the affected workers of the specific events which are being monitored at the
324	324	296time the monitoring takes place. Notice shall be clear and conspicuous. (2) Notice of random or
325	325	297periodic electronic monitoring may be given after electronic monitoring has occurred only if
326	326	298necessary to preserve the integrity of an investigation of illegal activity or protect the immediate
327	327	299safety of workers, customers, or the public.
328	328	300 (d)Employers shall provide a copy of the disclosure required by this section to the
329	329	301department.
330	330	302 Section 3A. Notice of change
331	331	303 An employer shall provide additional notice to workers when a significant update or
332	332	304change is made to the electronic monitoring or in how the employer is using it.
333	333	305 Section 3B. Notice of systems in use 17 of 39
334	334	306 (a) An employer shall maintain an updated list of electronic monitoring systems currently
335	335	307in use.
336	336	308 (b) (i) An employer shall annually, by January 1 of each year, provide notice to workers
337	337	309of all electronic monitoring systems currently in use. The notice shall include the information
338	338	310specified in subsection (a) of section 3.
339	339	311 (ii) An employer shall provide a copy of the notice provided pursuant to paragraph (1) to
340	340	312the department no later than January 31 of that year.
341	341	313 Section 3C. Restrictions on implementation of electronic monitoring
342	342	314 (a)An employer or vendor acting on behalf of an employer shall not electronically
343	343	315monitor a worker unless all of the following conditions are met:
344	344	316 (i)The electronic monitoring is primarily intended to accomplish any of the
345	345	317following allowable purposes:
346	346	318 (1)Allowing a worker to accomplish an essential job function.
347	347	319 (2)Monitoring production processes or quality.
348	348	320 (3)Assessment of worker performance.
349	349	321 (4)Ensuring compliance with employment, labor, or other relevant laws.
350	350	322 (5)Protecting the health, safety, or security of workers.
351	351	323 (6)Administering wages and benefits. 18 of 39
352	352	324 (7)Additional electronic monitoring purposes to enable business operations as
353	353	325determined by the department.
354	354	326 (ii)The specific form of electronic monitoring is strictly necessary to accomplish the
355	355	327allowable purpose and is the least invasive means to the worker that could reasonably be used to
356	356	328accomplish the allowable purpose.
357	357	329 (iii)The specific form of electronic monitoring is limited to the smallest number of
358	358	330workers and collects the least amount of data necessary to accomplish the allowable purpose.
359	359	331 (iv)The information collected via electronic monitoring will be accessed only by
360	360	332authorized agents and used only for the purpose and duration for which authorization was given
361	361	333as specified in the notice required by section 3.
362	362	334 (b)Notwithstanding the allowable purposes for electronic monitoring described in
363	363	335paragraph (i) of subsection (a), the following practices are prohibited:
364	364	336 (i)The use of electronic monitoring that results in a violation of labor and
365	365	337employment laws.
366	366	338 (ii)The use of electronic monitoring that prevents compliance with meal or rest
367	367	339periods, use of bathroom facilities, including reasonable travel time to and from bathroom
368	368	340facilities, or occupational health and safety laws, as appearing in the General Laws.
369	369	341 (iii)The monitoring of workers who are off-duty and not performing work-related
370	370	342tasks.
371	371	343 (iv)The monitoring of workers in order to identify workers exercising their legal
372	372	344rights, including, but not limited to, rights guaranteed by employment and labor law. 19 of 39
373	373	345 (v)Audio-visual monitoring of bathrooms or other similarly private areas, including
374	374	346locker rooms, changing areas, breakrooms, smoking areas, employee cafeterias, and lounges,
375	375	347including data collection on the frequency of use of those private areas.
376	376	348 (vi)Audio-visual monitoring of a workplace in a worker’s residence, a worker’s
377	377	349personal vehicle, or property owned or leased by a worker, unless that audio-visual monitoring is
378	378	350strictly necessary.
379	379	351 (vii)Electronic monitoring systems that incorporate facial recognition, gait, or emotion
380	380	352recognition technology.
381	381	353 (viii)Additional specific forms of electronic monitoring as determined by the
382	382	354department.
383	383	355 (c)Before an employer uses an electronic productivity system, the employer shall
384	384	356submit a summary of the system to the department, including information on the specific form of
385	385	357monitoring, the number of workers impacted, the data that will be collected, and how that data
386	386	358will be used in making employment-related decisions. Electronic productivity systems must also
387	387	359be reviewed by the department of labor standards before implementation to ensure electronic
388	388	360productivity systems do not result in physical or mental harm to workers.
389	389	361 (d)An employer or a vendor acting on behalf of an employer shall not require
390	390	362workers to either install applications on personal devices that collect or transmit worker data or
391	391	363to wear, embed, or physically implant those devices, including those that are installed
392	392	364subcutaneously or incorporated into items of clothing or personal accessories, unless the
393	393	365electronic monitoring is strictly necessary to accomplish essential job functions and is narrowly
394	394	366limited to only the activities and times necessary to accomplish essential job functions. Location- 20 of 39
395	395	367tracking applications and devices shall be disabled outside the activities and times necessary to
396	396	368accomplish essential job functions.
397	397	369 Section 3D. Employer use of electronic monitoring data
398	398	370 (a)An employer or vendor acting on behalf of an employer shall use worker data
399	399	371collected through electronic monitoring only to accomplish its specified allowable purpose.
400	400	372 (b)An employer or vendor acting on behalf of an employer shall not solely rely on
401	401	373worker data collected through electronic monitoring when making hiring, promotion,
402	402	374termination, or disciplinary decisions.
403	403	375 (i)An employer shall conduct its own assessment before making hiring, promotion,
404	404	376termination, or disciplinary decisions independent of worker data gathered through electronic
405	405	377monitoring. This includes corroborating the electronic monitoring worker data by other means,
406	406	378including a supervisor’s documentation or managerial documentation.
407	407	379 (ii)If an employer cannot independently corroborate the worker data gathered
408	408	380through electronic monitoring, the employer shall not rely upon that data in making hiring,
409	409	381promotion, termination, or disciplinary decisions.
410	410	382 (iii)The information and judgements involved in an employer’s corroboration or use
411	411	383of electronic monitoring data shall be documented and communicated to affected workers prior
412	412	384to the hiring, promotion, termination, or disciplinary decision going into effect.
413	413	385 (iv)Data that provides evidence of criminal activity, when independently corroborated
414	414	386by the employer, is exempt from subsection (b). 21 of 39
415	415	387 (c)An employer or vendor acting on behalf of an employer shall not solely rely on
416	416	388worker data collected through electronic monitoring when determining a worker’s wages.
417	417	389
418	418	390 Section 4. Automated decision systems
419	419	391 (a)An employer or a vendor acting on behalf of any employer shall provide
420	420	392sufficient notice to workers prior to adopting an ADS. An employer with an existing ADS at the
421	421	393time this part takes effect shall provide notice pursuant to this section within 30 day after this
422	422	394part takes effect.
423	423	395 (b)Notice required by subsection (a) shall be considered sufficient if it meets at least
424	424	396the following requirements:
425	425	397 (i)The notice is provided within a reasonable time prior to the use of the ADS.
426	426	398 (ii)The notice is provided to all workers affected by the ADS in the manner in which
427	427	399routine communications are provided to workers.
428	428	400 (iii)The notice contains the following information:
429	429	401 (1)The nature, purpose, and scope of the decisions for which the ADS will be used,
430	430	402including the range of employment-related decisions potentially affected and how, including any
431	431	403associated benchmarks.
432	432	404 (2)The type of ADS outputs.
433	433	405 (3)The specific category and sources of worker data that the ADS will use. 22 of 39
434	434	406 (4)The individual, vendor, or entity that created the ADS.
435	435	407 (5)The individual, vendor, or entity that will run, manage, and interpret the results of
436	436	408the ADS.
437	437	409 (6)The right to recourse pursuant to section 6 of this chapter.
438	438	410 (c)An employer or vendor acting on behalf of an employer shall provide a copy of
439	439	411the notice to the department within 10 days of distribution to workers.
440	440	412 Section 4A. Notice of change of automated decision systems
441	441	413 An employer or vendor acting on behalf of an employer shall provide additional notice to
442	442	414workers when any significant updates or changes are made to the ADS or in how the employer is
443	443	415using the ADS.
444	444	416 Section 4B. Tracking automated decision systems in use
445	445	417 (a)An employer or vendor acting on behalf of an employer shall maintain an updated
446	446	418list of all ADS currently in use.
447	447	419 (b)An employer shall annually, on or before January 1 of each year, provide notice to
448	448	420workers of all ADS currently in use. The notice shall include the information required by
449	449	421paragraph (iii) of subsection (b) of section 4.
450	450	422 (c)The notice shall be submitted to the department on or before January 31 of each
451	451	423year.
452	452	424 Section 4C. Use of automated decision systems for employment decisions; productivity
453	453	425systems 23 of 39
454	454	426 (a)An employer or vendor acting on behalf of an employer shall not use an ADS to
455	455	427make employment-related decisions in any of the following ways:
456	456	428 (i)Use of an ADS that results in a violation of labor or employment law.
457	457	429 (ii)Use of an ADS to make predictions about a worker’s behavior that are unrelated
458	458	430to the worker’s essential job functions.
459	459	431 (iii)Use of an ADS to identify, profile, or predict the likelihood of workers exercising
460	460	432their legal rights.
461	461	433 (iv)Use of an ADS that draws on facial recognition, gait, or emotion recognition
462	462	434technologies, or that makes predictions about a worker’s emotions, personality, or other types of
463	463	435sentiments.
464	464	436 (v)Use of customer ratings as input data for an ADS.
465	465	437 (vi)Any additional use of an ADS that poses harm to workers prohibited by the
466	466	438department pursuant to section 6(b).
467	467	439 (b)Before an employer or a vendor acting on behalf of an employer uses a
468	468	440productivity system that uses algorithms, the employer shall submit a summary of the system to
469	469	441the department. The summary shall include all of the following information:
470	470	442 (i)The role and nature of the algorithm’s use.
471	471	443 (ii)The number of workers impacted by the system.
472	472	444 (iii)The nature of the algorithmic output. 24 of 39
473	473	445 (iv)How the algorithmic output will be used in making employment-related decisions.
474	474	446 (c)Productivity systems that use algorithms shall also be reviewed by the department
475	475	447of labor standards’ occupational safety and health statistics program before implementation to
476	476	448ensure that electronic productivity systems do not result in physical or mental harm to workers.
477	477	449 (d)This section shall not be construed to conflict with the powers of the executive
478	478	450office of labor and workforce development.
479	479	451 Section 4D. Restrictions on employer or vendor use of automated decision systems
480	480	452 (a)An employer or vendor acting on behalf of an employer shall not use ADS
481	481	453outputs regarding a worker’s health as a basis for any employment-related decision.
482	482	454 (b)An employer or vendor acting on behalf of an employer shall not solely rely on
483	483	455output from an ADS when determining employee wages.
484	484	456 (c)An employer or vendor acting on behalf of an employer shall not solely rely on
485	485	457output from an ADS to make a hiring, promotion, termination, or disciplinary decision.
486	486	458 (i)An employer shall conduct its own evaluation of the worker before making a
487	487	459hiring, promotion, termination, or disciplinary decision, independent of the output used from the
488	488	460ADS. This includes establishing meaningful human oversight by a designated internal reviewer
489	489	461to corroborate the ADS output by other means, including supervisory or managerial
490	490	462documentation, personnel files, or the consultation of coworkers.
491	491	463 (ii)Meaningful human oversight requires that the designated internal reviewer meet
492	492	464the following conditions: 25 of 39
493	493	465 (1)The designated internal reviewer is granted sufficient authority, discretion,
494	494	466resources, and time to corroborate the ADS output.
495	495	467 (2)The designated internal reviewer has sufficient expertise in the operation of
496	496	468similar systems and a sufficient understanding of the ADS in question to interpret its outputs as
497	497	469well as results of relevant algorithmic impact assessments.
498	498	470 (3)The designated internal review has education, training, or experience sufficient to
499	499	471allow the reviewer to make a well-informed decision.
500	500	472 (iii)When an employer cannot corroborate the ADS output produced by the ADS, the
501	501	473employer shall not rely on the system to make the hiring, promotion, termination, or disciplinary
502	502	474decision.
503	503	475 (iv)When an employer can corroborate the ADS output and makes the hiring,
504	504	476promotion, termination, or disciplinary decision based on that output, a notice containing the
505	505	477following information shall be given to affected workers:
506	506	478 (1)The specific decision for which the ADS was used.
507	507	479 (2)Any information or judgments used in addition to the ADS output in making the
508	508	480decision.
509	509	481 (3)The specific worker data that the ADS used.
510	510	482 (4)The individual, vendor, or entity who created the ADS.
511	511	483 (5)The individual or entity that executed and interpreted the results of the ADS. 26 of 39
512	512	484 (6)A copy of any completed algorithmic impact assessments regarding the ADS in
513	513	485question.
514	514	486 (7)Notice of the worker’s right to dispute an algorithmic impact assessment
515	515	487regarding the ADS in question pursuant to section 5C.
516	516	488 (8)The right to recourse pursuant to section 6 of this chapter.
517	517	489 (v)When an employer uses corroborated output from an ADS to make a hiring,
518	518	490promotion, termination, or disciplinary decision, notice shall be given to the affected worker
519	519	491prior to the implementation of that decision.
520	520	492 Section 4E. Requirements for vendor use of automated decision systems
521	521	493 (a)A vendor that uses an ADS on behalf of an employer shall comply with the
522	522	494requirements of this chapter. An employer is jointly and severally liable for a vendor’s failure to
523	523	495comply.
524	524	496 (b)A vendor that uses an ADS on behalf of an employer shall provide all necessary
525	525	497information to the employer to enable the employer to comply with the requirements of this
526	526	498chapter.
527	527	499 (c) A vendor that collects or stores worker data in order to use an ADS on behalf of
528	528	500an employer shall do both of the following upon termination of its contract with the employer:
529	529	501 (i)Return all of the worker data, including any relevant ADS outputs, to the
530	530	502employer.
531	531	503 (ii)Delete all worker data. 27 of 39
532	532	504 Section 5. Algorithmic impact assessments
533	533	505 (a) An employer that develops, procures, uses, or otherwise implements an ADS to
534	534	506make or assist an employment-related decision shall complete an Algorithmic Impact
535	535	507Assessment (AIA) prior to using the system, and retroactively for any ADS that is in place at the
536	536	508time this part takes effect, for each separate position for which the ADS will be used to make an
537	537	509employment-related decision. When an employer procures an ADS from a vendor, the employer
538	538	510may submit an AIA conducted by the vendor if it meets all of the requirements set forth in this
539	539	511chapter.
540	540	512 (b)An “Algorithmic Impact Assessment (AIA)” means a study evaluating an ADS
541	541	513that makes or assists an employment-related decision and its development process, including the
542	542	514design and training data of the ADS, for negative impacts on workers. An AIA shall include, at
543	543	515minimum, all of the following:
544	544	516 (i)A detailed description of the ADS and its intended purpose.
545	545	517 (ii)A description of the data used by the ADS, including the specific categories of
546	546	518data that will be processed as input and any data used to train the model that the ADS relies on.
547	547	519 (iii)A description of the outputs produced by the ADS, including the following:
548	548	520 (1)The types of ADS outputs produced by the ADS.
549	549	521 (2)How to interpret the ADS outputs.
550	550	522 (3)The types of employment-related decisions that may be made on the basis of the
551	551	523ADS outputs. 28 of 39
552	552	524 (iv)An assessment of the necessity and proportionality of the ADS in relation to its
553	553	525purpose, including reasons for the superiority of the ADS over non automated decision making
554	554	526methods.
555	555	527 (v)An evaluation of the risk of the ADS, including the following risks:
556	556	528 (1)Errors, including both false positives and false negatives.
557	557	529 (2)Discrimination against protected classes.
558	558	530 (3)Violation of legal rights of affected workers.
559	559	531 (4)Direct or indirect harm to the physical health, mental health, or safety of affected
560	560	532workers.
561	561	533 (5)Chilling effect on workers exercising legal rights, including, but not limited to,
562	562	534rights guaranteed by employment and labor laws.
563	563	535 (6)Privacy harms, including the risks of security breach or inadvertent disclosure.
564	564	536 (7)Negative economic impacts or other negative material impacts on workers,
565	565	537including, but not limited to, impacts related to wages, benefits, other compensation, hours, work
566	566	538schedule, performance evaluation, hiring, discipline, promotion, termination, assignment of
567	567	539work, access to work opportunities, job responsibilities, and productivity requirements.
568	568	540 (8)Infringement on the dignity and autonomy of affected workers.
569	569	541 (vi)The specific measures that will be taken to minimize or eliminate the identified
570	570	542risks. 29 of 39
571	571	543 (vii)A description of the methodology used to evaluate the identified risks and
572	572	544mitigation measures.
573	573	545 (viii)Any additional components necessary to evaluate the negative impacts of an ADS
574	574	546as determined by the department.
575	575	547 Section 5A. Data protection impact assessments
576	576	548 (a)An employer that develops, procures, uses, or otherwise implements a Worker
577	577	549Information System (WIS) shall complete a Data Protection Impact Assessment prior to using
578	578	550the system, or retroactively for a WIS in place prior to the effective date of this part. When an
579	579	551employer procures a WIS from a vendor, the employer may submit an impact assessment
580	580	552conducted by the vendor, if it meets all of the requirements set forth in this section.
581	581	553 (b)A “Data Protection Impact Assessment (DPIA)” means a study evaluating a WIS
582	582	554for negative impacts on workers. A DPIA shall include, at minimum, all of the following:
583	583	555 (i) A systematic description of the nature, scope, context, and purpose of the WIS.
584	584	556 (ii)An assessment of the necessity and proportionality of the WIS in relation to its
585	585	557purpose.
586	586	558 (iii)An evaluation of the potential risks of the WIS, including the following risks:
587	587	559 (1)Violation of the legal rights of affected workers.
588	588	560 (2)Discrimination against protected classes.
589	589	561 (3)Privacy harms, including the risks of invasive or offensive surveillance, security
590	590	562breach, or inadvertent disclosure. 30 of 39
591	591	563 (4)Chilling effect on workers exercising legal rights, including, but not limited to,
592	592	564rights guaranteed by employment and labor laws.
593	593	565 (5)Infringement upon the dignity and autonomy of affected workers.
594	594	566 (6)Negative economic impacts or other negative material impacts on affected
595	595	567workers, including on dimensions including wages, benefits, other compensation, hours, work
596	596	568schedule, performance evaluation, hiring, discipline, promotion, termination, job content,
597	597	569assignment of work, access to work opportunities, and productivity requirements.
598	598	570 (iv)The specific measures that will be taken to minimize or eliminate the identified
599	599	571risks.
600	600	572 (v)A description of the methodology used to evaluate the identified risks and
601	601	573recommended mitigation measures.
602	602	574 (vi)Any additional components necessary to evaluate the negative impacts of a WIS
603	603	575determined by the department.
604	604	576 Section 5B. Proper use of impact assessments
605	605	577 (a)The AIA or DPIA shall be conducted by an independent assessor with relevant
606	606	578experience.
607	607	579 (b)An employer shall initiate an AIA or DPIA at the beginning of the procurement or
608	608	580development process for any ADS or WIS, or retroactively for any ADS or WIS in place at the
609	609	581time this part takes effect. An AIA or DPIA shall be continuously updated throughout the
610	610	582procurement, development, or implementation process and thereafter to reflect any material
611	611	583changes to the ADS or WIS as they become evident. 31 of 39
612	612	584 (c)An employer shall fully comply with all requests from the assessor for
613	613	585information required to conduct the AIA or DPIA.
614	614	586 (d)(i) Throughout the assessment process, the assessor shall consult with workers
615	615	587who are potentially affected by the ADS or WIS. Consultation shall include, but is not limited to,
616	616	588the following stages:
617	617	589 (1) Identification of the specific risks that need to be evaluated.
618	618	590 (2)Development of mitigation measures to minimize the risks associated with the
619	619	591system.
620	620	592 (ii)An assessor shall make the preliminary assessment available to potentially
621	621	593affected workers for anonymous review and comment during a defined open comment period.
622	622	594 (1)An employer shall not retaliate against a worker who participates in the open
623	623	595comment period.
624	624	596 (2)A worker or a designated worker representative may comment or request
625	625	597additional information.
626	626	598 (3)An assessor shall incorporate a record of the feedback received and a description
627	627	599of why the suggestions were either incorporated or rejected.
628	628	600 (4)An assessor shall ensure that potentially affected workers are adequately informed
629	629	601of their ability to review and comment on the AIA or DPIA.
630	630	602 (e)An employer shall submit and update, as needed, the completed AIA or DPIA to
631	631	603the department and potentially affected workers prior to the use of the ADS or WIS. 32 of 39
632	632	604 (i)If health and safety risks are found or implicated, an employer shall also submit
633	633	605its assessment to the Occupational Safety and Health Administration.
634	634	606 (ii)If a risk of discrimination or bias is detected or believed to exist, an employer
635	635	607shall also submit its assessment to the state agency overseeing workplace discrimination.
636	636	608 (f)An employer may use the ADS or WIS once it submits the relevant impact
637	637	609assessments to the department, unless the department directs otherwise, as described in
638	638	610subsection (g).
639	639	611 (g) Upon review of the AIA or DPIA, the department may require any of the
640	640	612following:
641	641	613 (i)Require the employer to submit additional documentation.
642	642	614 (ii)Require the employer to implement mitigation measures in using the ADS or
643	643	615WIS.
644	644	616 (iii)Prohibit the employer from using the ADS or WIS.
645	645	617 (h)Upon submitting the AIA or DPIA to the department, the employer shall develop
646	646	618and publish on its internet website an impact assessment summary that describes the
647	647	619assessment’s methodology, findings, results, and conclusions for each element required by this
648	648	620part, as well as any modification made to it based on the assessment results.
649	649	621 (i)The AIA or DPIA and its summary shall be written in a manner that is precise,
650	650	622transparent, comprehensible, and easily accessible. 33 of 39
651	651	623 (j)The full AIA or DPIA and all relevant materials and sources used for the
652	652	624development of the assessment may be made available to external researchers at the discretion of
653	653	625the department.
654	654	626 Section 5C. Disputed impact assessments
655	655	627 (a)At any point after an employer has submitted an AIA or DPIA to the department,
656	656	628a worker may anonymously dispute the AIA or DPIA and request that the department conduct an
657	657	629investigation of the employer. The following are bases for challenging an AIA or DPIA:
658	658	630 (i)The AIA or DPIA provided insufficient information, was incomplete, or
659	659	631inaccurate.
660	660	632 (ii)The AIA or DPIA assessor was not adequately independent from the employer.
661	661	633 (iii)The AIA or DPIA failed to adequately identify risks or appropriately weigh harms
662	662	634against benefits.
663	663	635 (iv)Mitigation measures identified in the AIA or DPIA were not implemented or,
664	664	636once implemented, failed to reduce residual risks to acceptable levels.
665	665	637 (v)Any other reason the AIA or DPIA was defective or incomplete as identified by
666	666	638the department.
667	667	639 (b)If an employer fails to conduct an impact assessment of an ADS or WIS used in
668	668	640making or assisting an employment-related decision, a worker may anonymously request that the
669	669	641department conduct an investigation of the employer. 34 of 39
670	670	642 (c)Regardless of the use or outcome of the dispute processes available in this section,
671	671	643a worker retains the right to recourse pursuant to section 6.
672	672	644 Section 5D. Requirements for vendor implementation of impact assessments
673	673	645 (a) A vendor that develops, procures, uses, or otherwise implements an ADS or WIS
674	674	646on behalf of an employer shall comply with the requirements of this chapter. An employer shall
675	675	647be jointly and severally liable for a vendor’s failure to comply.
676	676	648 (b)A vendor that develops, procures, uses, or otherwise implements an ADS or WIS
677	677	649on behalf of an employer shall provide all necessary information to the employer to enable the
678	678	650employer to comply with the requirements of this chapter.
679	679	651 (c)A vendor that develops, procures, uses, or otherwise implements an ADS or WIS
680	680	652on behalf of an employer shall provide any additional information, as requested by the
681	681	653independent assessor or department, necessary to conduct an assessment or investigation.
682	682	654 Section 6. Enforcement
683	683	655 (a)(i) A worker may bring a civil action for injunctive relief and recover civil
684	684	656penalties against the employer in an amount equal to the penalties provided in this section. A
685	685	657plaintiff who brings a successful civil action for violation of these provisions is entitled to
686	686	658recover reasonable attorney’s fees and costs.
687	687	659 (ii) An employer or vendor that violates this section shall be subject to an injunction
688	688	660 and liable for civil penalties provided in this chapter, which shall be assessed and
689	689	661recovered in a civil action by the attorney general. In a successful civil action brought by the 35 of 39
690	690	662attorney general to enforce this part, the court may grant injunctive relief in order to obtain
691	691	663compliance with the part and shall award costs and reasonable attorney’s fees.
692	692	664 (iii) An employer shall not retaliate against a worker because the worker exercised, or
693	693	665 notified another worker of their right to exercise, any of the rights under this
694	694	666 section.
695	695	667 (iv) Provisions of a collective bargaining agreement that provide additional worker
696	696	668 protections are not superseded by this part.
697	697	669 (b) The department shall have the authority to enforce and assess penalties under this
698	698	670part and to adopt regulations relating to the procedures for an employee to make a complaint
699	699	671alleging a violation of this section.
700	700	672 (i)On or before January 1, 2025, the department shall adopt regulations to further the
701	701	673purpose of this section, including, but not limited to, regulations on all of the following:
702	702	674 (1)Developing, maintaining, and regularly updating the following:
703	703	675 a) A list of allowable purposes for data collection and electronic monitoring.
704	704	676 b) Definitions of specific categories of worker data required in notices mandated in
705	705	677this part.
706	706	678 c) A list of prohibited forms of electronic monitoring.
707	707	679 d) A list of prohibited ADS. 36 of 39
708	708	680 e) A list of valid reasons for disputing an employer’s AIA or DPIA and requesting
709	709	681investigation by the department.
710	710	682 f) Rules specifying employers’ and workers’ respective obligations to ensure
711	711	683occupational health and safety in home offices, personal vehicles, and other workplaces owned,
712	712	684leased, or regularly used or occupied during non-work hours by a worker. The rules shall specify
713	713	685the manner, means, and frequency with which employers may collect data or electronically
714	714	686monitor those workplaces in order to satisfy the employers’ obligation under applicable
715	715	687occupational health and safety laws.
716	716	688 g) The specific requirements of the notices required by this part.
717	717	689 h) Any additional rules and standards, as needed, to respond to the rapid
718	718	690developments in existing and new technologies introduced in the workplace in order to prevent
719	719	691harm to the health and well-being of workers.
720	720	692 (2)Developing agency procedures to review and evaluate employers’ submissions of
721	721	693AIA, DPIA, and summaries of electronic productivity systems.
722	722	694 (ii)To assist in developing the regulations required by subsection (b), the secretary
723	723	695shall convene an advisory committee to recommend best practices to mitigate harms to workers
724	724	696from the use of data-driven technology in the workplace. The advisory committee shall be
725	725	697composed of stakeholders and other related subject matter experts and shall also include
726	726	698representatives of the department of labor standards, and the occupational safety and health
727	727	699administration. The secretary shall convene the advisory committee no later than March 1, 2024. 37 of 39
728	728	700 (iii)The department shall strategically collaborate with stakeholders to educate
729	729	701workers and employers about their rights and obligations under this part, respectively, in order to
730	730	702increase compliance.
731	731	703 (c)(i) An employer or vendor acting on behalf of an employer who fails to comply
732	732	704with section 2 through 2D of this chapter is subject to the following penalties:
733	733	705 (1)A violation of section 2 shall be subject to a penalty of ten thousand dollars
734	734	706($10,000) per violation.
735	735	707 (2)A violation of section 2A shall be subject to a penalty of five thousand dollars
736	736	708($5,000) for each verified request made by a worker.
737	737	709 (3)A violation of section 2B shall be subject to a penalty of five thousand dollars
738	738	710($5,000) per violation.
739	739	711 (4)A violation of section 2C shall be subject to a penalty of twenty thousand dollars
740	740	712($20,000) per violation.
741	741	713 (5)A violation of section 2D shall be subject to a penalty of one hundred dollars
742	742	714($100) per affected worker for each violation of this provision.
743	743	715 (ii)An employer or vendor acting on behalf of an employer who fails to comply with
744	744	716sections 3 through 3D of this chapter is subject to the following penalties:
745	745	717 (1)A violation of section 3 shall be subject to a penalty of ten thousand dollars
746	746	718($10,000) per violation. 38 of 39
747	747	719 (2)A violation of section 3C shall be subject to a penalty of five thousand dollars
748	748	720($5,000) for each day that the violation occurs.
749	749	721 (3)A violation of Section 3D shall be subject to a penalty of ten thousand dollars
750	750	722($10,000) per worker for each violation.
751	751	723 (iii)An employer or vendor acting on behalf of an employer who fails to comply with
752	752	724sections 4 through 4D is subject to the following penalties:
753	753	725 (1)A violation of section 4, 4A, or 4D shall be subject to a penalty of ten thousand
754	754	726dollars ($10,000) per violation.
755	755	727 (2)(2) A violation of section 4B shall be subject to a penalty of two thousand five
756	756	728hundred dollars ($2,500) per violation.
757	757	729 (3)(3) A violation of section 4C shall be subject to a penalty of twenty thousand
758	758	730dollars ($20,000) per violation.
759	759	731 (iv)An employer or vendor acting on behalf of an employer who fails to submit an
760	760	732impact assessment pursuant to sections 5, 5A, 5B, or 5C shall be subject to a penalty of twenty
761	761	733thousand dollars ($20,000) per violation.
762	762	734 Section 6.
763	763	735 (a)The provisions in sections 2 through 6 shall apply to state workers so long as they
764	764	736are not construed or applied to displace or supplant state rules and regulations and collective
765	765	737bargaining agreements that apply to state workers. 39 of 39
766	766	738 (b)The department shall have the authority to enact regulations establishing the
767	767	739forms and manners under which sections 2 through 6 shall apply to state workers so that such
768	768	740application conforms with the previous paragraph.