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.
About This Bill
Committee
Latest Action · July 24, 2023
Referred to the House Committee on Education and the Workforce.
The Professional Images Protection Act would prohibit employers from recording or photographing employees without first providing written disclosure about who will access the images, how they'll be used, and when they'll be used, then obtaining written consent from the employee. If an employer wants to use an image for a purpose different from what was originally disclosed, they must obtain new written consent. The law applies to all employers and would be enforced by the Department of Labor, with exceptions for large gatherings or security recordings where consent is impractical. Employers who violate these rules face significant civil penalties ranging from $20,000 to $300,000 for first offenses depending on company size, plus additional penalties for repeat violations, and employees can sue for up to $10,000 in damages plus attorneys' fees. The bill also protects employees from retaliation for opposing violations or refusing to comply with unlawful recording practices.
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