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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 61H.P. 25 House of Representatives, January 8, 2025
An Act to Regulate Employer Surveillance to Protect Workers
Received by the Clerk of the House on January 6, 2025. Referred to the Committee on
Labor pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ROEDER of Bangor.
Cosponsored by Senator TIPPING of Penobscot. Page 1 - 132LR0107(01)
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2 is enacted to read:
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7 following terms have the following meanings.
8 A. "Employee" means an individual who provides services or labor for an employer
9 for wages or other remuneration.
10 B. "Employer" means any private or public employer, including the State and political
11 subdivisions of the State.
12 C. "Employer surveillance" means the monitoring of an employee by an employer
13 through the use of an electronic device or system, including but not limited to the use
14 of a computer, telephone, wire or radio or an electromagnetic, photoelectronic or photo-
15 optical system. "Employer surveillance" does not include the use by an employer of
16 surveillance cameras for security or safety purposes or the use of global positioning
17 system tracking or other safety devices on vehicles owned by the employer but operated
18 by the employee.
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20 employer notifies the employee before beginning the use of employer surveillance.
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22 monitoring in an employee's residence or personal vehicle or on the employee's property
23 as a means of employer surveillance.
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25 employer to install data collection or transmission applications on the employee's personal
26 electronic devices for the purposes of employer surveillance.
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28 inform a prospective employee during the employment interview process that the employer
29 engages in employer surveillance.
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31 private right of action for injunctive relief and recovery of civil penalties and attorney's
32 fees.
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34 this subchapter. Rules adopted pursuant to this subsection are routine technical rules as
35 defined in Title 5, chapter 375, subchapter 2‑A.
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37 ability of an employer to comply with state and federal laws, rules or regulations related to
38 security, safety and transmission and handling of data. Page 2 - 132LR0107(01)
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2 This bill specifies that an employer may use employer surveillance only if the employer
3 informs the employee before beginning employer surveillance. It prohibits an employer
4 from using audiovisual monitoring in an employee's residence or personal vehicle or on the
5 employee's property and provides that an employee can decline a request by an employer
6 to install data collection or transmission applications on the employee's personal electronic
7 devices for the purposes of employer surveillance. It requires that an employer notify a
8 prospective employee during the interview process that the employer engages in employer
9 surveillance. It gives rule-making authority to the Department of Labor. It also creates a
10 private right of action for persons aggrieved by a violation by an employer.
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