[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5228 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5228

     To protect employees from invasion of privacy by employers by 
  prohibiting video and audio monitoring of employees when in an area 
     where it is reasonable to expect employees to change clothing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2008

Mr. Andrews (for himself and Mr. Petri) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
     To protect employees from invasion of privacy by employers by 
  prohibiting video and audio monitoring of employees when in an area 
     where it is reasonable to expect employees to change clothing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Changing Room Privacy 
Act''.

SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN 
              CERTAIN EMPLOYMENT LOCATIONS.

    (a) In General.--An employer may not engage in video monitoring or 
audio monitoring of an employee of the employer when the employee is in 
a restroom facility, dressing room, or any other area in which it is 
reasonable to expect employees of the employer to change clothing.
    (b) Use of Monitoring Results.--An employer may not use the results 
of video or audio monitoring conducted in violation of this Act for any 
purpose, including any employee discipline. An employer shall 
immediately destroy all copies of any recording determined to have been 
made in violation of this Act.
    (c) Non-Retaliation.--An employer may not discharge, discipline, or 
discriminate in any manner against an employee because the employee 
has--
            (1) filed any complaint or instituted or caused to be 
        instituted any proceeding under this Act; or
            (2) testified or is about to testify in any proceeding 
        under this Act.
    (d) Limitation.--Nothing in this Act shall prohibit any video 
monitoring or audio monitoring conducted by a law enforcement agency as 
part of a criminal investigation and pursuant to a validly issued 
warrant.

SEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR.

    (a) In General.--Any employer who violates section 2 shall be 
liable to the United States for a civil money penalty in an amount not 
to exceed $18,000 for each violation.
    (b) Written Notice and Opportunity for Hearing.--The Secretary of 
Labor shall assess a civil money penalty under subsection (a) by an 
order made on the record after opportunity for a hearing provided in 
accordance with section 554 of title 5, United States Code. In 
connection with the hearing, the Secretary may issue subpoenas 
requiring the attendance and testimony of witnesses and the production 
of evidence that relates to the subject matter of the hearing.
    (c) Determination of Amount of Civil Money Penalty.--In determining 
the amount of a civil money penalty under subsection (a), the Secretary 
shall take into account--
            (1) the nature, circumstances, extent, and gravity of the 
        violation or violations; and
            (2) with respect to the violator, the ability to pay, 
        effect on ability to continue to do business, any history of 
        prior violations, the degree of culpability, and such other 
        matters as justice may require.
    (d) Modification of Civil Money Penalty.--The Secretary may 
compromise, modify, or remit, with or without conditions, any civil 
money penalty assessed under subsection (a). The amount of such 
penalty, when finally determined, or the amount agreed upon in 
compromise, may be deducted from any sums owing by the United States to 
the employer.
    (e) Judicial Review.--An employer who requested, in accordance with 
section 554 of title 5, United States Code, a hearing respecting the 
assessment of a civil money penalty under this subsection, and who is 
aggrieved by the order assessing the penalty may file a petition for 
judicial review of the order with the United States Court of Appeals 
for the District of Columbia Circuit or for any other circuit in which 
the employer resides or transacts business. Such a petition may only be 
filed within the 120-day period beginning on the date the order was 
issued.
    (f) Failure To Pay.--The Secretary of Labor may recover, in an 
action brought in any appropriate district court of the United States, 
the amount of a civil money penalty assessed under this subsection 
against an employer who fails to pay the penalty--
            (1) after the order making the assessment becomes final, 
        and if such employer does not file a petition for judicial 
        review of the order in accordance with subsection (e); or
            (2) after a court in an action brought under subsection (e) 
        has entered a final judgment in favor of the Secretary.
    (g) No Review of Penalty.--In an action brought under subsection 
(f), the validity, amount, and appropriateness of the civil money 
penalty shall not be subject to review.
    (h) Injunctive Relief.--The Secretary may commence, in any court of 
competent jurisdiction, a civil action for the purpose of obtaining 
temporary or permanent injunctive relief with respect to preventing a 
violation of section 2.

SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE.

    (a) In General.--An employee who is aggrieved as a result of a 
violation of section 2 by the employer of such employee may commence, 
in any court of competent jurisdiction, a civil action against the 
employer to obtain appropriate relief, including--
            (1) an injunction to enjoin the employer from further 
        engaging in the violation or from committing any further 
        violation, as appropriate;
            (2) damages not to exceed $25,000; or
            (3) both such remedies.
In any action or proceeding under this section, the court, in its 
discretion, may allow the prevailing party a reasonable attorney's fee 
(including expert fees) as part of the costs.
    (b) Commencement of Proceedings.--An employee referred to in 
subsection (a) may not commence proceedings under such subsection 
against an employer of the employee after the expiration of the 7-year 
period beginning on the later of the following:
            (1) The date on which the employer allegedly engaged in a 
        violation of section 2.
            (2) The date on which the employee should have been aware 
        of an alleged violation of section 2 by the employer.

SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS.

    (a) State Laws.--This Act does not annul, alter, or affect in any 
manner the meaning, scope, or applicability of the laws of any State or 
political subdivision of any State, except to the extent such laws are 
inconsistent with this Act, and then only to the extent of the 
inconsistency. A law is not inconsistent with this Act if the law 
affords greater protection to an employee than the protection provided 
under this Act.
    (b) Collective Bargaining Agreements.--This Act does not annul, 
alter, or affect in any manner the meaning, scope, or applicability of 
any collective bargaining agreements, except to the extent that such 
agreements are inconsistent with this Act, and then only to the extent 
of the inconsistency. An agreement is not inconsistent with this Act if 
the agreement affords greater protection to an employee than the 
protection provided under this Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Audio monitoring.--The term ``audio monitoring'' means 
        the listening to, collecting, or recording of sounds of an 
        employee by means of audio equipment or other method.
            (2) Employee.--The term ``employee'' means any person who 
        is employed by an employer or who was employed by an employer 
        at the time of a violation that was allegedly committed by that 
        employer. Such term includes leased or temporary employees and 
        an employee who is under contract to perform work for an 
        employer.
            (3) Employer.--The term ``employer'' means any person or 
        entity engaged in commerce or in an industry or activity 
        affecting interstate commerce.
            (4) Video monitoring.--The term ``video monitoring'' means 
        the videotaping, photographing, filming, or recording by any 
        electronic means of an employee, or installing a device that 
        videotapes, photographs, films, or otherwise records visual 
        images.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (6) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, or a territory or possession of the United States.

SEC. 7. EFFECTIVE DATE.

    This Act takes effect 60 days after the date of the enactment of 
this Act.
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