HB 1559 — An Act providing for notice of electronic monitoring; and imposing penalties.

PRINTER'S NO.   1846

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 1559
                                              Session of
                                                2025

     INTRODUCED BY WEBSTER, WAXMAN, HILL-EVANS, RABB, PROKOPIAK,
        GUENST, SANCHEZ, D. WILLIAMS AND MAYES, JUNE 4, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 5, 2025


                                   AN ACT
 1   Providing for notice of electronic monitoring; and imposing
 2      penalties.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Employee
 7   Right to Privacy Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Electronic monitoring."   The collection of information on an
13   employer's premises concerning employees' activities or
14   communications by any means other than direct observation,
15   including the use of a computer, telephone, wire, radio,
16   electromagnetic, photoelectronic or photo-optical systems. The
17   term does not include the collection of information for security
18   purposes in common areas of the employer's premises that are
 1   held out for use by the public, or which collection is
 2   prohibited under Federal or State law.
 3      "Employee."     Any person who is employed or performs services
 4   for an employer. The term includes an independent contractor.
 5      "Employer."     Any person, firm, partnership, association,
 6   corporation, receiver, agent, officer, officer of a court of
 7   this Commonwealth or other person or agent of an entity under
 8   this definition.
 9   Section 3.   Notification of electronic monitoring.
10      Except as provided in section 4, an employer who engages in
11   any type of electronic monitoring shall give prior written
12   notice to all employees who may be affected informing the
13   employees of the types of monitoring that may occur. Each
14   employer shall post, in a conspicuous location that is readily
15   available for viewing by an employee, a notice concerning the
16   types of electronic monitoring in which the employer may engage.
17   The posting under this section shall constitute prior written
18   notice.
19   Section 4.   Exception.
20      If an employer has reasonable grounds to believe that an
21   employee is engaged in conduct that violates the law, violates
22   the legal rights of the employer or the employer's employees or
23   creates a hostile workplace environment and electronic
24   monitoring may produce evidence of misconduct, the employer may
25   conduct monitoring without giving prior written notice.
26   Section 5.   Penalty.
27      (a)    Violations.--Notwithstanding any other provision of law
28   to the contrary, a person who violates this act shall be subject
29   to a penalty of $500 for a first offense. A second violation of
30   this act shall result in a penalty of $2,000. A person shall be

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1   subject to a $5,000 penalty for a third or subsequent violation
2   of this act.
3      (b)   Evidence.--Repeat violations of this act may constitute
4   evidence of harassment for the purpose of private causes of
5   action against an employer by an employee. The payment of a fine
6   by an employer shall not be an alternative to private action.
7   Section 6.     Effective date.
8      This act shall take effect in 60 days.




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