H. B. 2985
(By Delegates Fleischauer, Staton, Doyle and Linch)
[Introduced February 26, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend article three, chapter twenty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty, relating to limiting the use of electronic
surveillance devices by employers; and providing criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty, to read as follows:
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-20. Use of electronic surveillance devices by employers
prohibited.
(a) It is unlawful for any employer, whether public or
private, or the agent or representative of an employer to operate any electronic surveillance device or system, including, but not
limited to, the recording of sound or a closed circuit television
system, or any combination of those devices, for the purpose of
recording or monitoring the activities of the employees in areas
designed for the health or personal comfort of the employees or
for safeguarding of their possessions, such as rest rooms, locker
rooms or lounges.
(b) Any employer who violates any provision of this section
is guilty of a misdemeanor, and for the first offense shall be
fined five hundred dollars, for the second offense be fined one
thousand dollars and for the third and any subsequent offense be
imprisoned in the county or regional jail for thirty days.
NOTE: The purpose of this bill is to limit the use of
electronic surveillance devices by employers; and to provide
criminal penalties.
This section is new; therefore, strike-throughs and
underscoring have been omitted.