VT H0262

Employers may only conduct electronic monitoring of employees for specific purposes including assisting essential job functions, monitoring production quality, ensuring legal compliance, protecting health/safety/security, and conducting periodic performance assessments—and must use the least invasive means necessary

Employers must provide written notice at least 15 calendar days before commencing electronic monitoring, detailing the form, purpose, technologies used, data retention periods, and how employees can access and correct their data

Electronic monitoring is prohibited in bathrooms, breakrooms, lounges, and similar private areas; monitoring off-duty employees; tracking employees exercising legal rights; and monitoring employees' residences or personal vehicles except for limited health/safety purposes

Automated decision systems cannot be used as the sole basis for employment decisions—outputs must be corroborated by human oversight, and employers must complete a written impact assessment evaluating risks of discrimination, privacy harms, and effects on employee well-being before deployment

Employees have the right to access their monitoring data within 7 days of request, correct errors in that data, and are protected from retaliation for exercising these rights; effective date is July 1, 2025