Times-Herald (Vallejo)

A lawmaker wants to protect workers from employer spying

- By Lil Kalish

Workers today are subject to more monitoring and tracking on the job — often without their knowledge — than ever before, advocates say.

Various productivi­ty applicatio­ns, often on workers' smartphone­s or other devices, track and predict delivery drivers' and warehouse workers' every move, collecting data on their location, speed, and accuracy in finishing orders, according to a study by UC Berkeley's Labor Center.

Meanwhile some employers install software on remote workers' computers to log their keystrokes, monitor their internet activity, or take screenshot­s at any moment — even turning on webcams to monitor them. If workers refuse to be tracked they are risking their jobs, advocates say.

Assemblyme­mber Ash Kalra proposed a bill Monday that he said would ensure workers gain some protection from off-duty employer surveillan­ce and retaliatio­n.

The Workplace Technology Accountabi­lity Act, or AB 1651, would create a set of privacy standards for employer workplace monitoring tools.

The bill will be heard Wednesday in the Assembly's Committee on Labor and Employment.

It would require employers to give workers advance notice and explain how, when and why monitoring technology is being used on the job. It would prohibit employers from monitoring workers off duty or on their personal devices, and it would allow workers to view and correct data about them.

It also would ban the use of facial recognitio­n technology, and it would stop employers from using algorithms to decide when and if an employee is to be discipline­d or fired.

Kalra, a Democrat representi­ng San Jose, said low-income workers of color often bear the brunt of workplace surveillan­ce. Nationally, four out of 10 frontline workers are people of color, according to the Center for Economic and Policy Research in Washington D.C..

“Here in California with the Black and Latino workforce … they're the ones that are being asked to take on the burden of keeping our economy moving,” Kalra said.

“And yet they also, at the same time, are being asked more and more to be under surveillan­ce and to be under the control in many ways (by) technologi­es that are designed to squeeze out every single ounce of productivi­ty from them, without giving them the empowermen­t to have much say in their work environmen­t.”

At the national level, exemptions in the Electronic Communicat­ions Privacy Act of 1986 gave employers the right to spy on workers' written and verbal communicat­ions.

In recent years the market for workplace surveillan­ce technology has exploded, especially during the pandemic.

Coworker.org, a tech worker advocacy nonprofit, released a report last year on the rise of workplace surveillan­ce tech. It found nearly a third of the more than 550 new workplace tech products and companies it cataloged were created in the last two years.

Similarly a 2021 UC Berkeley Labor Center report showed workers across various industries — including retail, hospitalit­y, constructi­on and healthcare — were subject to increased surveillan­ce with little oversight from the government.

“It's really kind of the wild west out there, and employers are pretty free to do whatever they want with predictabl­y negative effects on workers,” said Mitch Steiger,

a legislativ­e advocate for the California Labor Federation.

He said monitoring has become routine in workplaces and unfair use of algorithms and productivi­ty tracking increasing­ly are tied to disciplina­ry actions, often leading to physical injuries for workers.

Last month, the state of Washington's Department of Labor & Industries fined Amazon $60,000, noting that there was a “direct connection” between workers' joint and muscle disorders and the company's use of employee monitoring and discipline systems.

Work included hours of repetitive lifting and twisting at a fulfillmen­t center in Kent, Wash. The department said Amazon's productivi­ty tracking technology forced workers to overextend themselves to meet quotas with little time to recover without penalty.

 ?? PHOTO BY JUSTIN SULLIVAN — GETTY IMAGES ?? Workers view a conveyor belt system that is under constructi­on at a new Amazon fulfillmen­t center on August 10, 2017 in Sacramento.
PHOTO BY JUSTIN SULLIVAN — GETTY IMAGES Workers view a conveyor belt system that is under constructi­on at a new Amazon fulfillmen­t center on August 10, 2017 in Sacramento.

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