Under An Act to Regulate Employer Surveillance to Protect Workers, Maine employers are prohibited from the following:
- Conducting employee surveillance without prior notification;
- Using audiovisual monitoring in an employee’s residence, personal vehicle, or personal property (unless strictly required for specific job duties); and
- Requiring employees to install data-collection or tracking applications on their personal electronic devices.
“Employer surveillance” refers to monitoring via any electronic device or system, including computers, telephones, radio, or electromagnetic, photoelectronic, and photo-optical systems.
Notice Requirements
Employers who utilize electronic surveillance systems must adhere to the following:
- Disclose the use of surveillance tools during the interview process.
- Provide formal notification that surveillance tools are in use.
- Issue a written notice to all employees at least once per calendar year regarding the continued use of these tools.
