[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8145 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8145

     To 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2022

  Mrs. Carolyn B. Maloney of New York introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
     To 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.

    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 ``Professional Images Protection 
Act''.

SEC. 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:

``SEC. 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.''.
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