HB 405 - Prohibits the Recording of Certain Employer Property - North Carolina Key Vote

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Title: Prohibits the Recording of Certain Employer Property

Vote Smart's Synopsis:

Vote to pass a bill that prohibits an employee from recording audio or sound, without permission, in a non-public area of an employer, effective January 1, 2016.

Highlights:

  • Prohibits an employee from intentionally entering a “non-public area” of his or her employer to engage in certain activities contrary to the employer’s interests, including, but not limited to, the following activities (Sec. 1):
    • Removing the employer’s data, papers, or records;
    • Recording video or sound within the employer’s property; and
    • Placing an unattended camera or electronic surveillance device on the property.
  • Defines “non-public areas” as those areas not accessible to, or not intended to be accessed by, the general public (Sec. 1).
  • Authorizes a state court to award 1 or more of the following remedies to an employer who prevails in a legal action against an employee for breaching the provisions of this bill (Sec. 1):
    • Equitable relief;
    • Compensatory damages;
    • Court costs and legal fees; and
    • $5,000 for each day that the employee breached the provisions of this bill.
  • Exempts a governmental agency or law enforcement officer from liability if they are engaging in a lawful investigation of an employer or the employer’s property (Sec. 1).

NOTE: A THREE- FIFTHS MAJORITY OF THE ELECTED MEMBERS IS REQUIRED TO OVERRIDE A GOVERNOR'S VETO.

See How Your Politicians Voted

Title: Prohibits the Recording of Certain Employer Property

Vote Smart's Synopsis:

Vote to pass a bill that prohibits an employee from recording audio or sound, without permission, in a non-public area of an employer, effective January 1, 2016.

Highlights:

  • Prohibits an employee from intentionally entering a “non-public area” of his or her employer to engage in certain activities contrary to the employer’s interests, including, but not limited to, the following activities (Sec. 1):
    • Removing the employer’s data, papers, or records;
    • Recording video or sound within the employer’s property; and
    • Placing an unattended camera or electronic surveillance device on the property.
  • Defines “non-public areas” as those areas not accessible to, or not intended to be accessed by, the general public (Sec. 1).
  • Authorizes a state court to award 1 or more of the following remedies to an employer who prevails in a legal action against an employee for breaching the provisions of this bill (Sec. 1):
    • Equitable relief;
    • Compensatory damages;
    • Court costs and legal fees; and
    • $5,000 for each day that the employee breached the provisions of this bill.
  • Exempts a governmental agency or law enforcement officer from liability if they are engaging in a lawful investigation of an employer or the employer’s property (Sec. 1).

NOTE: A THREE- FIFTHS MAJORITY OF THE ELECTED MEMBERS IS REQUIRED TO OVERRIDE A GOVERNOR'S VETO.

See How Your Politicians Voted

Title: Prohibits the Recording of Certain Employer Property

Vote Smart's Synopsis:

Vote to pass a bill that prohibits an employee from recording audio or sound, without permission, in a non-public area of an employer, effective January 1, 2016.

Highlights:

  • Prohibits an employee from intentionally entering a “non-public area” of his or her employer to engage in certain activities contrary to the employer’s interests, including, but not limited to, the following activities (Sec. 1):
    • Removing the employer’s data, papers, or records;
    • Recording video or sound within the employer’s property; and
    • Placing an unattended camera or electronic surveillance device on the property.
  • Defines “non-public areas” as those areas not accessible to, or not intended to be accessed by, the general public (Sec. 1).
  • Authorizes a state court to award 1 or more of the following remedies to an employer who prevails in a legal action against an employee for breaching the provisions of this bill (Sec. 1):
    • Equitable relief;
    • Compensatory damages;
    • Court costs and legal fees; and
    • $5,000 for each day that the employee breached the provisions of this bill.
  • Exempts a governmental agency or law enforcement officer from liability if they are engaging in a lawful investigation of an employer or the employer’s property (Sec. 1).

Title: Prohibits the Recording of Certain Employer Property

NOTE: THIS BILL WAS VOTED ON DURING A SPECIAL SESSION OF THE LEGISLATURE

NOTE: A THREE- FIFTHS MAJORITY OF THE ELECTED MEMBERS IS REQUIRED TO OVERRIDE A GOVERNOR'S VETO.

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