Stop Spying Bosses Act

Bill Number

S. 4831

Origin Chamber

Senate

Congress

119th Congress, Session 2

Status

Introduced

Latest Action

2026-06-18: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Last Updated

2026-07-07T04:53:30Z

AI-Generated Summary

## Purpose The legislation, titled the Stop Spying Bosses Act, aims to restrict employers from collecting or using certain types of worker data for prohibited purposes, require disclosures about data practices, grant workers access and correction rights, and establish enforcement mechanisms. It seeks to limit surveillance, monitoring, and data collection related to employees and job applicants while promoting transparency and accountability in workplace technology use.

## Key Provisions

• Definitions (Section 2): Establishes terms such as "employee data" (broadly including personal, biometric, location, and workplace activity information), "automated decision system," "covered individual" (employees and applicants), "employer" (generally those with 11 or more workers engaged in commerce), "service provider," and "work-related decision."
• Employee Data Minimization (Section 3): Prohibits collection or use of employee data for purposes like tracking union activity, political/religious views unrelated to job duties, health status unrelated to work, immigration status, or predicting unrelated behavior. Bans off-duty collection in sensitive locations. Allows collection only if it meets strict criteria (e.g., essential job function, least invasive means, limited retention up to 3 years post-employment). Prohibits selling employee data and restricts transfers to service providers or third parties without consent and safeguards.
• Disclosure Requirements (Section 4): Mandates employers provide detailed, accessible notices to covered individuals about what data is collected, how, why, storage, access, and effects on work decisions. Initial disclosures upon hiring or application; updates required before changes.
• Access and Accuracy (Section 5): Allows covered individuals to request and obtain their data within 30 days, correct inaccuracies, and (for work-related decisions) review related aggregated data and request reconsideration.
• New Agency (Section 6): Creates the Worker Protection and Technology Division within the Department of Labor, led by a presidentially appointed Administrator, with authority to issue guidance, employ technologists, and form advisory boards (exempt from Federal Advisory Committee Act rules).
• Regulations and Enforcement (Sections 7–9): Authorizes rulemaking by the Secretary of Labor (with agency-specific rules for Congress, executive branch, and certain federal employees). Provides whistleblower protections against retaliation. Enforcement includes Department of Labor investigations, private lawsuits with statutory damages (e.g., $5,000–$40,000 per violation of minimization rules), state attorney general actions, and invalidation of predispute arbitration agreements or class waivers for these claims.
• Additional Requirements (Sections 10–13): Requires annual congressional reports on workplace surveillance; coordination with other agencies; no preemption of other laws; severability clause.

## Significant Changes to Existing Law This bill introduces new federal standards for worker data practices, expanding beyond existing labor and privacy laws by imposing minimization rules, mandatory disclosures, and access rights not previously required under the Fair Labor Standards Act or similar statutes. It creates a dedicated regulatory division and private right of action with specific damages and anti-arbitration provisions. It applies existing enforcement frameworks (e.g., from the Fair Labor Standards Act) to these new obligations and includes targeted rules for congressional, presidential, and certain federal employees. Sovereign immunity waivers for states and tribes receiving federal funds represent a notable expansion of remedies.

## Potential Impacts

• Government Agencies: Establishes a new Worker Protection and Technology Division with investigative and rulemaking powers; requires coordination with agencies like the FTC and EEOC; imposes compliance on federal employers (Congress, executive agencies) via adapted procedures.
• Citizens: Enhances worker and applicant rights to limit intrusive data collection, receive plain-language explanations, correct records, and seek remedies for violations, potentially reducing workplace surveillance harms.
• International Relations: Limited direct effects, as the bill focuses on U.S. employers in commerce; may indirectly influence multinational companies operating in the U.S. through data transfer rules.
• Employers: Increases compliance costs for data systems, disclosures, and retention limits; restricts use of certain monitoring tools.

## Main Stakeholders Affected

• Employers (private, public, and federal entities with 11+ covered individuals).
• Covered individuals (current employees, applicants, and certain remote/off-duty workers).
• Service providers and third parties handling employee data.
• Labor organizations (with rights to sue and represent members).
• Federal agencies (Department of Labor, EEOC, NLRB, and others involved in enforcement or consultation).
• State attorneys general, privacy regulators, and Tribal governments (enforcement and waiver provisions).
• Advisory board participants (experts in privacy, labor, technology).

## Notable Legal, Constitutional, or Political Implications The bill creates a private right of action and statutory damages framework, potentially increasing litigation. It waives sovereign immunity for states and tribes under specific conditions tied to federal funding, raising questions about federal-state relations. Advisory boards are exempt from standard federal committee rules. The legislation preserves existing authorities (e.g., FTC, NLRB) without preemption and includes whistleblower safeguards. No direct constitutional challenges are addressed in the text, though data minimization rules may intersect with free speech or privacy precedents. Political implications include stronger worker protections in data-heavy industries and new oversight structures.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Markey, Edward J. [D-MA]

Cosponsors (7)

Sen. Schatz, Brian [D-HI], Sen. Sanders, Bernard [I-VT], Sen. Baldwin, Tammy [D-WI], Sen. Warren, Elizabeth [D-MA], Sen. Blumenthal, Richard [D-CT], Sen. Fetterman, John [D-PA], Sen. Booker, Cory A. [D-NJ]

Recent Actions

• 2026-06-18: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
• 2026-06-18: Introduced in Senate

Bill Versions

• Stop Spying Bosses Act — issued 2026-06-18 — PDF (56 pages)