HB 1672 — Addressing technology used by employers in the workplace.

H-1600.1H-0766.1 SUBSTITUTE HOUSE BILL 1672 State of Washington 69th Legislature 2025 Regular Session By House Labor & Workplace Standards (originally sponsored by Representatives Kloba, Stonier, Fosse, Doglio, Parshley, Berry, Reed, Cortes, Bronoske, Ryu, Ramel, Scott, Taylor, and Simmons)Simmons READRead FIRSTfirst TIMEtime 02/21/25.01/28/25.

Referred to Committee on Labor & Workplace Standards.

1 SHBHB 1672 identifies a person, whether individually or in combination with other data.

(9) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees.employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.

or (c)p. Relates to the hiring of an individual or employee for a position or job.

p.2 HB 1672 (c) Relates to the hiring of an individual or employee for a position or job.

2 SHB 1672 (11) "Essential job function" means a fundamental duty of a job or position that an employee with that job or position must be able to perform.

SubjectAn to the prohibitions of section 4 of this act, an employer may not engage in electronic monitoring of an employee unless all of the following requirements are met:

(a) Assist or allow the employee to accomplish an essential job function;

(b) Monitor production processes or quality;

3 SHBHB 1672 (c)(a) EnsureAssist complianceor withallow applicablethe employmentemployee orto laboraccomplish laws;an essential job function;

(b) Monitor production processes or quality;

(c) Ensure compliance with applicable employment or labor laws;

(f) The name of any person conducting electronic monitoring on the employer's behalf and any associated contract language related to the monitoring;

4 SHBHB 1672 (g)(f) The name of any person,person apartconducting from the employer, who will have access to any data generated by the electronic monitoring andon the reasonemployer's whybehalf theand personany willassociated havecontract accesslanguage related to the data;monitoring;

(g) The name of any person, apart from the employer, who will have access to any data generated by the electronic monitoring and the reason why the person will have access to the data;

(ii) used the electronic monitoring system in relation to thep. employee within the past 90 days;

5 HB 1672 the employee within the past 90 days;

p.NEW SECTION.

5 SHB 1672 NEW SECTION.

(1) NotwithstandingExcept for the purposes for electronic monitoring set forth in section 2 of this act, electronic monitoring may not be used:

(2) Any location tracking function of an application or device must be disabled outside of the times when the employee is engaged in activities necessary to accomplish essential job functions.

(3) An employer may not require an employee to physically implant a device on the employee's body for purposes of employee monitoring.

6 SHBHB 1672 NEW(2) SECTION.Any location tracking function of an application or device must be disabled outside of the times when the employee is engaged in activities necessary to accomplish essential job functions.

(3) An employer may not require an employee to physically implant a device on the employee's body for purposes of employee monitoring.

NEW SECTION.

(a)p. A detailed description of the automated decision system and its purpose;

7 HB 1672 (a) A detailed description of the automated decision system and its purpose;

p.(d) The rationale for the use of the system, including reasons for utilizing the system to supplement nonautomated means of decision making;

7 SHB 1672 (d) The rationale for the use of the system, including reasons for utilizing the system to supplement nonautomated means of decision making;

(1) An employer, any person that develops, operates, or maintains electronic monitoring or an automated decision system on behalf of an employer, and any person who collects, stores, analyzes, interprets, disseminates, or otherwise uses data produced or utilized by electronic monitoring or an automated decision system shall implement reasonable security procedures and practices appropriate to the nature of the data to protect employees' personal p.

8 SHBHB 1672 system on behalf of an employer, and any person who collects, stores, analyzes, interprets, disseminates, or otherwise uses data produced or utilized by electronic monitoring or an automated decision system shall implement reasonable security procedures and practices appropriate to the nature of the data to protect employees' personal information from unauthorized or illegal access, destruction, use, modification, or disclosure.

(d) The department shall send the citation and notice of assessment or the determination of compliance to both the employer and the employee by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.

9 SHBHB 1672 (2)(d) IfThe department shall send the department'scitation investigationand findsnotice thatof assessment or the employee'sdetermination allegationof cannotcompliance beto substantiated,both the departmentemployer shalland issuethe aemployee determinationby service of complianceprocess toor using a method by which the employeemailing andcan be tracked or the employerdelivery detailingcan suchbe finding.confirmed to their last known addresses.

(2) If the department's investigation finds that the employee's allegation cannot be substantiated, the department shall issue a determination of compliance to the employee and the employer detailing such finding.

(8)p. In addition to any enforcement authority provided in this chapter or applicable rules, the department may enforce any violation under this chapter or applicable rules by filing an action in the superior court for the county in which the violation is alleged to have occurred.

If10 HB 1672 (8) In addition to any enforcement authority provided in this chapter or applicable rules, the department prevails,may itenforce any violation under this chapter or applicable rules by filing an action in the superior court for the county in which the violation is entitledalleged to p.have occurred.

10If SHBthe 1672department prevails, it is entitled to reasonable attorneys' fees and costs, in the amount to be determined by the court.

11 SHBHB 1672