The Maine Legislature has advanced L.D. 61, “An Act to Regulate Employer Surveillance to Protect Workers, which introduces new compliance requirements for public and private employers that use surveillance in the workplace. The bill is designed to balance employee privacy with legitimate business needs, particularly in settings such as in-home and personal care services. While the bill has passed the Legislature, it awaits the governor’s approval and is not expected to be signed until the next legislative session begins in January 2026.
Key Employee Protections Under L.D. 61
- Mandatory Notification. Employers must provide written notice to employees before initiating any form of surveillance. In addition, current employees must receive written notice at least once per calendar year if surveillance is ongoing.
- Audiovisual Monitoring Restrictions. Surveillance is generally prohibited in an employee’s personal residence, vehicle, or private property.
- Protection of Personal Devices. Employees may decline requests to install data collection or transmission apps on their personal electronic devices.
- Transparency During Hiring. Employers must disclose any surveillance practices to applicants during the job interview process.
- Notice Requirements. Under the bill, employers will be required to provide written notice at least once per calendar year to all current employees if employer surveillance is being conducted. This includes any form of audiovisual monitoring, with limited exceptions.
Exceptions
Employers are permitted to use security cameras to keep everyone safe or monitor employees using tools like GPS devices on company vehicles that employees drive.
The Department of Labor will provide rules and guidance as necessary to implement this law prior to the effective date.
Next Steps for Employers
In anticipation of this law being signed, employers should review their current surveillance practices to identify any use of audiovisual monitoring. Policies and procedures may need to be updated to ensure all surveillance activities comply with the law’s requirements and permitted uses, including working with legal counsel to prepare a notice that meets the law’s notice requirements.
HR Works will continue to monitor this topic and provide updates as more information is available.
