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Alabama Prohibits Microchipping Employees

11 Sep

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Update Applicable to:

Employers of all sizes

What happened?

The Alabama House of Representatives has passed a bill to prohibit employers from requiring their employees to have a microchip implanted as a condition of employment.

What are the details?

Effective September 1, 2023, House Bill 4 would prohibit employers from mandating that their workers be implanted with a microchip or other “permanent identification marker.” The law defines a microchip as a device implanted under the skin that is passively or actively capable of transmitting personal information to another device using radio frequency technology. Violation of the act would be a Class D felony under the proposed bill. The bill sponsor, Rep. Prince Chestnut, D-Selma, said he did not know of any employers in Alabama requiring microchips but said his bill would be preemptive.

While employers currently don’t require implanted microchips, due to potential privacy concerns and religious objections. Alabama is far from the first state to consider legislation of the sort. At least four other states have prohibited employers from mandating microchips for employees. And seven more have prohibited mandatory microchipping of individuals regardless of the situation. Employers are banned from requiring device implants in Arkansas, California, Missouri, Montana, Nevada, New Hampshire, North Dakota, Oklahoma, Utah, and Wisconsin, according to Bloomberg Law data. Wyoming is currently debating a similar bill.

For more information, please see the links below:

Bill (HB4)

Bill Synopsis

Article

What do employers need to do?

Employers should review the provisions of the above bill and ensure that their business operations, policies and procedures are in compliance with the new law.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Alabama PEO services can help you navigate complex employment laws and keep your business compliant.


This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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