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Key Votes

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

Richard Gunn, Jr. voted Yea (Override of Veto) on this Legislation.

Read statements Richard Gunn, Jr. made in this general time period.

Timeline

Issues Related to HB 405

Note

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

Stage Details

Legislation - Veto Override Passed (Senate) (33-15) - (Key vote)
See How Your Politicians Voted

Title: Prohibits the Recording of Certain Employer Property

Vote Result
Yea Votes
Nay Votes
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:

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

Legislation - Veto Override Passed (House) (79-36) - (Key vote)
See How Your Politicians Voted

Title: Prohibits the Recording of Certain Employer Property

Vote Result
Yea Votes
Nay Votes
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:

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

Legislation - Vetoed (Executive) -

Title: Prohibits the Recording of Certain Employer Property

Legislation - Bill Passed (Senate) (32-13) - (Key vote)
See How Your Politicians Voted

Title: Prohibits the Recording of Certain Employer Property

Vote Result
Yea Votes
Nay Votes
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).
Legislation - Bill Passed (House) (99-19) -
Legislation - Introduced (House) -

Title: Prohibits the Recording of Certain Employer Property

Note:

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

Sponsors

  • Jonathan Christian Jordan (NC - R) (Out Of Office)
  • Rodney Wayne Moore (NC - D) (Out Of Office)
  • James C. 'Chris' Whitmire (NC - R) (Out Of Office)

Co-sponsors

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