LC 2.25 Keep the Workplace Safe Act (Statute)

[Former President tack50]

Keep the Workplace Safe Act

to protect workers and bound employers with common sense guidelines

Section I: Protections and Employee Rights

1. Every employer in the Region of Lincoln is required to adopt the following policies and notify all workers of these policies in the hiring process. An employer that does not adopt any policy noted below must ensure that the policy they adopt meets or exceeds the minimum standards.

  a. Sexual Harassment Policy

    i. Prohibits sexual harassment, provides examples of prohibited conduct that would constitute unlawful sexual harassment, and states clearly that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue.

    ii. Includes information concerning the federal and regional statutory provisions concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating sexual harassment complaints.

  b. Discrimination Policy

    i. Prohibits sex, race, gender and LGBTQ discrimination in the workplace, provides examples of prohibited conduct that would constitute discrimination, and states clearly that sanctions will be enforced against individuals engaging in discriminatory behavior and against supervisory and managerial personnel who knowingly allow such behavior to continue.

    ii. Includes information concerning the federal and regional statutory provisions concerning discrimination and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating discrimination complaints.

  c. Digital Privacy Policy

     i. Prohibits employers from requesting access to online data from workers as well as job applicants, provides examples of prohibited conduct that would constitute a violation of digital privacy protection, and states clearly that sanctions will be enforced against supervisory and managerial personnel who take part in the violation and/or knowingly allow such behavior to continue.

       a. Online data shall include but not be limited to social media, e-mail accounts, call history and text messages.

     ii. Includes information concerning the federal and regional statutory provisions concerning digital privacy and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating digital privacy complaints.

  d. Right to a Union Policy

     i. Prohibits employers from deterring or disallowing workers from joining and/or forming a union or signing a petition, provides examples of prohibited conduct that would constitute a violation of this regulation, and states clearly that sanctions will be enforced against supervisory and managerial personnel who take part in the violation and/or knowingly allow such behavior to continue.

     ii. Includes information concerning the federal and regional statutory provisions concerning union rights and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating union rights complaints.

Section II: Enactment

1. This act takes effect on September 1st, 2019 contingent upon signing by the governor.

Sponsor: Pyro

Debate time for this bill has started and shall last no less than 72 hours

[lfromnj]

Are you saying an employer can't even search up someone's Facebook page?

[Former President tack50]

Are you saying an employer can't even search up someone's Facebook page?

Eh, I imagine it refers to asking Facebook to hand over information about someone if they have their page set as private.

Otherwise, while a somewhat decent idea, would be generally unenforceable.

[Pyro]

Mr. Speaker,

This act would codify four key, common sense workplace safety measures.
It disallows sexual harassment, discrimination, breaching of digital privacy and anti-union coercion.
This one is rather simple, all in all.

[S019]

A right to a union????


Have we not realized that organized labor has too much power and devolves into corrupt machines

[Former President tack50]

Mr. Speaker,

This act would codify four key, common sense workplace safety measures.
It disallows sexual harassment, discrimination, breaching of digital privacy and anti-union coercion.
This one is rather simple, all in all.

Still, could you go on in further detail about section III? Digital privacy could range anywhere from googling someone's Facebook page to more specific data protection laws regarding databases and the like.

I do agree these are all 4 common sense workplace measures.

[Pyro]

Mr. Speaker,

This act would codify four key, common sense workplace safety measures.
It disallows sexual harassment, discrimination, breaching of digital privacy and anti-union coercion.
This one is rather simple, all in all.

Still, could you go on in further detail about section III? Digital privacy could range anywhere from googling someone's Facebook page to more specific data protection laws regarding databases and the like.

I do agree these are all 4 common sense workplace measures.

OK so the purpose of Sec. III is to protect privacy rights. It's essentially based off of the Protecting Worker Privacy Act from 2013 Pre-Reset Atlas. The objective is to disallow employers from 1) demanding access to personal data as a prerequisite for new or continued employment, and 2) collecting personal data on the workers unrelated to the job itself.

I had social media in mind specifically when writing this Section. For example, although we cannot enforce a law that forbids employers from navigating to an employee's public Facebook page, the employer should not be allowed to demand access if the page is private, or likewise demand usernames and passwords for online accounts. The same applies for cell phone data and such. 

[Former President tack50]

Mr. Speaker,

This act would codify four key, common sense workplace safety measures.
It disallows sexual harassment, discrimination, breaching of digital privacy and anti-union coercion.
This one is rather simple, all in all.

Still, could you go on in further detail about section III? Digital privacy could range anywhere from googling someone's Facebook page to more specific data protection laws regarding databases and the like.

I do agree these are all 4 common sense workplace measures.

OK so the purpose of Sec. III is to protect privacy rights. It's essentially based off of the Protecting Worker Privacy Act from 2013 Pre-Reset Atlas. The objective is to disallow employers from 1) demanding access to personal data as a prerequisite for new or continued employment, and 2) collecting personal data on the workers unrelated to the job itself.

I had social media in mind specifically when writing this Section. For example, although we cannot enforce a law that forbids employers from navigating to an employee's public Facebook page, the employer should not be allowed to demand access if the page is private, or likewise demand usernames and passwords for online accounts. The same applies for cell phone data and such. 

Excellent, that solves my questions. And I also have to say it's very much an enforceable provision.

[Pyro]

Motion for a Final Vote.

[Former President tack50]

With no objections:

Councillors, a FINAL vote is now open on the following legislation

Keep the Workplace Safe Act

to protect workers and bound employers with common sense guidelines

Section I: Protections and Employee Rights

1. Every employer in the Region of Lincoln is required to adopt the following policies and notify all workers of these policies in the hiring process. An employer that does not adopt any policy noted below must ensure that the policy they adopt meets or exceeds the minimum standards.

  a. Sexual Harassment Policy

    i. Prohibits sexual harassment, provides examples of prohibited conduct that would constitute unlawful sexual harassment, and states clearly that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue.

    ii. Includes information concerning the federal and regional statutory provisions concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating sexual harassment complaints.

  b. Discrimination Policy

    i. Prohibits sex, race, gender and LGBTQ discrimination in the workplace, provides examples of prohibited conduct that would constitute discrimination, and states clearly that sanctions will be enforced against individuals engaging in discriminatory behavior and against supervisory and managerial personnel who knowingly allow such behavior to continue.

    ii. Includes information concerning the federal and regional statutory provisions concerning discrimination and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating discrimination complaints.

  c. Digital Privacy Policy

     i. Prohibits employers from requesting access to online data from workers as well as job applicants, provides examples of prohibited conduct that would constitute a violation of digital privacy protection, and states clearly that sanctions will be enforced against supervisory and managerial personnel who take part in the violation and/or knowingly allow such behavior to continue.

       a. Online data shall include but not be limited to social media, e-mail accounts, call history and text messages.

     ii. Includes information concerning the federal and regional statutory provisions concerning digital privacy and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating digital privacy complaints.

  d. Right to a Union Policy

     i. Prohibits employers from deterring or disallowing workers from joining and/or forming a union or signing a petition, provides examples of prohibited conduct that would constitute a violation of this regulation, and states clearly that sanctions will be enforced against supervisory and managerial personnel who take part in the violation and/or knowingly allow such behavior to continue.

     ii. Includes information concerning the federal and regional statutory provisions concerning union rights and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating union rights complaints.

Section II: Enactment

1. This act takes effect on September 1st, 2019 contingent upon signing by the governor.

Please vote AYE, NAY or Abstain
This vote shall last for 48 hours or until all Councillors have voted.

[Former President tack50]

Aye

[Zaybay]

AYE

[Pyro]

AYE

[Adam Griffin]

Aye

[S019]

Nay, I am anti-union, as I believe they become too corrupt and become political tools, and therefore I am not supporting this bill

[lfromnj]

Nay as I believe the union protections are unnecessary and employers and employees should have free decisions in both ways without government interference. FWIW I do believe Private RTW should be illegal because its a voluntary decision.

[Dipper Josh]

Aye

[Former President tack50]

With Ninja's deregistration and all otherCouncillors having voted:

Aye: 5 (tack50, Zaybay, Pyro, Griffin, Dipper Josh)
Abstain: 0
Nay: 3 (lfromnj, SNJC, thr33)

So this bill passes

[Pyro]

Wonderful! Glad to see that Lincoln stands opposed to basic workplace malpractice.

[Peanut]

Keep the Workplace Safe Act

to protect workers and bound employers with common sense guidelines

Section I: Protections and Employee Rights

1. Every employer in the Region of Lincoln is required to adopt the following policies and notify all workers of these policies in the hiring process. An employer that does not adopt any policy noted below must ensure that the policy they adopt meets or exceeds the minimum standards.

  a. Sexual Harassment Policy

    i. Prohibits sexual harassment, provides examples of prohibited conduct that would constitute unlawful sexual harassment, and states clearly that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue.

    ii. Includes information concerning the federal and regional statutory provisions concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating sexual harassment complaints.

  b. Discrimination Policy

    i. Prohibits sex, race, gender and LGBTQ discrimination in the workplace, provides examples of prohibited conduct that would constitute discrimination, and states clearly that sanctions will be enforced against individuals engaging in discriminatory behavior and against supervisory and managerial personnel who knowingly allow such behavior to continue.

    ii. Includes information concerning the federal and regional statutory provisions concerning discrimination and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating discrimination complaints.

  c. Digital Privacy Policy

     i. Prohibits employers from requesting access to online data from workers as well as job applicants, provides examples of prohibited conduct that would constitute a violation of digital privacy protection, and states clearly that sanctions will be enforced against supervisory and managerial personnel who take part in the violation and/or knowingly allow such behavior to continue.

       a. Online data shall include but not be limited to social media, e-mail accounts, call history and text messages.

     ii. Includes information concerning the federal and regional statutory provisions concerning digital privacy and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating digital privacy complaints.

  d. Right to a Union Policy

     i. Prohibits employers from deterring or disallowing workers from joining and/or forming a union or signing a petition, provides examples of prohibited conduct that would constitute a violation of this regulation, and states clearly that sanctions will be enforced against supervisory and managerial personnel who take part in the violation and/or knowingly allow such behavior to continue.

     ii. Includes information concerning the federal and regional statutory provisions concerning union rights and a statement that there may be applicable local laws.

    iii. Includes a complaint form and a procedure for the timely and confidential investigation of complaints that ensures due process for all parties as well as informs employees of their rights of redress and all available forums for adjudicating union rights complaints.

Section II: Enactment

1. This act takes effect on September 1st, 2019 contingent upon signing by the governor.

Tremendous bill, of course! Very necessary to ensure our region has the best workplaces in Atlasia!