S. 262: Stop Spying Bosses Act

Stop Spying Bosses Act

This bill establishes requirements for employers with respect to the collection and disclosure of certain worker data. The requirements apply to employers with more than 10 workers, including government employers.

For example, employers must disclose to their workers (including job applicants) any workplace surveillance by the employer, including (1) what data is collected, (2) how the data is used, and (3) how such surveillance affects workers' performance assessments.

Further, employers may not use workplace surveillance for certain purposes, such as to (1) monitor a worker's activities related to a labor organization, (2) collect a worker's health information that is unrelated to the worker's job duties, (3) monitor a worker who is off duty or in a sensitive area, or (4) use an automated decision system (e.g., machine learning or artificial intelligence techniques) to predict the behavior of a worker that is unrelated to the worker's job .

Employers must disclose to a worker any work-related decision that relies on workplace surveillance data and allow the worker to review the data. Employers also must meet certain requirements before transferring surveillance data to a third party.

Additionally, the bill establishes the Privacy and Technology Division within the Department of Labor to implement and enforce the workforce surveillance requirements. The bill also provides for enforcement by private right of action, states, and other specified agencies.