A new chapter has been added to an Indiana code regarding the electronic monitoring of potential and existing employees by their employers that is scheduled to take effect July 1.

The new chapter under House Bill (HB) 1545 will mandate all state employers disclose to employees or prospective employees any type of electronic monitoring, including security cameras, before they begin monitoring. The amendment will also allow the state commissioner of labor to investigate alleged violations of electronic monitoring of employees and, if there is a violation, assess a civil penalty of $10,000.

Once this law takes effect, it will apply to any employer/employee relationship in the state, including, for example, homeowners who use hidden cameras to monitor their babysitters while they are away from home.

Under the new chapter, an employer will have to provide prior written notice to an employee or potential employee describing in what way he or she will be monitored; the personal data that will be collected and how it will be used; the frequency of occurrence of each form of electronic monitoring; an interpretation of printouts of statistics or other records of information collected; and existing production standards and work performance expectations.

Once electronic monitoring takes place, the employee must be notified by a signal light, beeping tone, verbal notification or other form of visual or aural notice, at periodic intervals, that indicates that electronic monitoring is taking place. However, the latter will not apply if an employer electronically monitors its employees on a continual basis during their entire shift.

For more information on Indiana’s HB 1545, visit www.state.in.us

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