An act that exceeds a person's authority to enter a nonpublic area of commercial property includes an employee who knowingly enters a nonpublic area of commercial property for a reason other than a bona fide intent of seeking or holding employment or doing business with the employer and without authorization subsequently:In other words: Hog processor is responsible for unspeakable acts of cruelty to pigs. An employee takes pictures. Legal action is taken against inhumane processor as a result, or at least enormous public embarrassment. The employee who blew the whistle could be held liable for harm to the abuser.
(1) Captures or removes the employer's data, paper, records, or any other documents and uses the information contained on or in the employer's data, paper, records, or any other documents in a manner that damages the employer;
(2) Records images or sound occurring within an employer's commercial property and uses the recording in a manner that damages the employer;
HB 1665 would punish whistleblowers and investigators who provide reporters with footage of cruel, unsafe, and illegal activity going at workplaces. Rather than taking action to stop these types of activities from happening, some legislators are instead trying to punish those that bring them to light.These tort reform supporters sponsoring this legislation have included handsome non-economic damages when a compensable loss can't be proved — $5,000 a day "for each day, or a portion of a day, that a defendant has acted in violation."
By causing a chilling effect on any employee in any business who would consider exposing unethical and illegal activity, HB 1665 jeopardizes freedom of the press, protection of free speech, and transparency at places that affect the most vulnerable like our senior citizens, children, and animals.
Similar legislation in other states has been opposed by over 70 different public interest organizations including Wounded Warriors Project, AARP, Center for Food Safety, and Center for Constitutional Rights.