Maine Enacts New Employer Surveillance Requirements - HR ALERTS

Maine Enacts New Employer Surveillance Requirements

Effective: 90 days after adjournment of the legislative session (date to be determined)

Maine has enacted new restrictions on how employers may monitor employees through electronic surveillance.

Under LD 61, employers that engage in employer surveillance using computers, phones, or other electronic devices must meet specific notice and use requirements.

Key requirements include

• Providing advance notice to employees before engaging in employer surveillance

• Prohibiting audiovisual monitoring in an employee’s residence, personal vehicle, or personal property (unless required by job duties)

• Informing job applicants during the interview process that the employer uses surveillance

• Providing written notice at least once per calendar year to all employees that surveillance is used

• Allowing employees to decline installation of surveillance or data-collection applications on their personal devices

The law defines employer surveillance broadly as electronic monitoring of employees through devices or systems such as computers, telephones, or photo-optical systems.

Excluded from the law

• Security or safety surveillance cameras

• GPS tracking or safety devices installed on employer-provided vehicles

Enforcement:Employers that violate the law may be subject to civil fines ranging from $100 to $500 per violation.

What this means for employers

• Employers using monitoring, productivity tracking, device management software, or remote-work surveillance tools should review current practices.

• Interview scripts, policies, and annual notices may need to be updated.

• Employers should reassess use of monitoring tools on personal employee devices.

Reference: Maine LD 61 

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