Are there any laws concerning the use of computer-based systems to monitor employee performance?

Yes, in New York there are laws concerning the use of computer-based systems to monitor employee performance. The New York State Assembly recently passed Assembly Bill A 04879-A, which requires employers to provide notice to employees when implementing a computer-based system to assess or monitor worker performance. The notice must include the type of system being used, its purpose, how the data will be used, and how it will affect the employee’s job security or access to opportunities. The law also requires employers to provide employees with a copy of any evaluation or monitoring report and the opportunity to contest the accuracy of the report. Employers are also barred from using computer-based systems to assess employees’ protected-class status, such as age, race, gender, religion, national origin, disability, or sexual orientation. The U.S. Equal Employment Opportunity Commission also recommends that employers consider adopting policies to ensure the security and privacy of the data collected by their computer-based systems and the accuracy of the data used for decisions about employee performance. Finally, employers should be aware that the use of computer-based systems to monitor worker performance may be subject to other federal, state, and local laws.

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Are there any laws concerning the use of computer-based systems to monitor employee performance?

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