Maine employers will soon face new restrictions and disclosure requirements when they use computers, phones, or other electronic equipment to monitor their employees under a new law. Maine joins New York, Connecticut, and Delaware as one of the few states imposing statutory obligations on employers that electronically monitor employees. But, unlike the more limited notice-only statutes in other states, Maine’s law reflects a broader privacy-focused approach that not only mandates disclosure but also limits certain monitoring practices outright. Here’s what you need to know about Maine’s new restrictions and how you can keep your business in compliance before the law takes effect this summer.
Overview of Maine’s New Law
LD 61 – An Act to Regulate Employer Surveillance to Protect Workers – regulates “employer surveillance,” which it broadly defines as monitoring employees through computer, telephone, radio, or other electronic systems. There are certain exceptions, including the use of surveillance cameras for safety or security purposes and the use of GPS or vehicle safety systems installed on employer-owned vehicles operated by employees.
There is also an exception for surveillance conducted by an employer, patient, client, or unpaid caregiver in “personal care services” settings. “Personal care services” are defined broadly to include assistance with daily living activities, household tasks, medication reminders, and other tasks.
Banned Practices and Notice Requirements
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