118 HR 4836 IH: Professional Images Protection Act U.S. House of Representatives 2023-07-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 4836IN THE HOUSE OF REPRESENTATIVESJuly 24, 2023Mr. Raskin introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Fair Labor Standards Act of 1938 to provide for prohibitions on employers relating to the recording and use of employee images, and for other purposes.

1.

Short title

This Act may be cited as the Professional Images Protection Act.

2.

Prohibitions relating to recording and use of employee images

(a)

In general

The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 7 the following new section:

8.

Prohibitions relating to recording and use of employee images

(a)

In general

It shall be an unlawful practice for an employer—(1)to record or use an image of any employee (including photographs and audio or video recordings) unless—(A)prior to the recording of such image—(i)the employer discloses in writing to the employee—(I)each person who will have access to the image, including any person not employed by the employer;(II)how the image will be used, which must be for a work-related purpose; and(III)when the image will be used; and(ii)the employer obtains written consent to record and use such image in accordance with such disclosure; and(B)in any event the employer seeks to use an image already recorded for a purpose not included in such disclosure, the employer issues a new disclosure in writing and obtains written consent for such new purpose; or(2)to discharge or in any other manner retaliate against any employee or prospective employee because the employee or prospective employee—(A)opposed any act or practice made unlawful by this section; or(B)took an action for which discrimination is forbidden under section 15(a)(3).(b)

Exception

Subsection (a) shall not apply to the recording or use of any image in which it is impractical to obtain such consent, including recordings of large gatherings or recordings made for security purposes.(c)

Application to independent contractors

This section and section 16(f) shall apply with respect to any contractor of an employer in the same manner as such sections apply to the employees of such employer.(d)

Authority To issue regulations

The Secretary of Labor shall issue such regulations or other guidance as the Secretary considers necessary to assist employers in the implementation of this section.

.(b)

Penalties

Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection:(f)(1)Any person who violates the provisions of section 8 shall—(A)be subject to a civil penalty—(i)in the case of an employer with 100 employees or fewer, of $20,000 for a first offense, increased by an additional $10,000 for each subsequent offense;(ii)in the case of an employer with more than 100 employees but not more than 200 employees, of $50,000 for a first offense, increased by an additional $15,000 for each subsequent offense;(iii)in the case of an employer with more than 200 employees but not more than 500 employees, of $100,000 for a first offense, increased by an additional $20,000 for each subsequent offense; and(iv)in the case of an employer with more than 500 employees, of $300,000 for a first offense, increased by an additional $25,000 for each subsequent offense; and(B)be liable to each employee or prospective employee who was the subject of the violation for special damages not to exceed $10,000 plus attorneys’ fees, and shall be subject to such injunctive relief as may be appropriate.(2)An action to recover the liability described in paragraph (1)(B) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees or prospective employees for and on behalf of—(A)the employees or prospective employees; and(B)other employees or prospective employees similarly situated..