Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Jul 31, 2019

Montana employers can’t require employees to have microchips


Effective October 1, 2019, Montana employers can’t require employees to get microchip implants as a condition of employment. The Montana legislature passed and Governor Steve Bullock signed SB 286, which prohibits employers from making microchip implants a condition of employment, although employers may request and employees may volunteer for microchip implants. Also, if an employee requests removal of an already-implanted microchip, the microchip must be removed within 30 days of the request. A few years ago, a Wisconsin company allowed its employees to volunteer for microchip implants (in their hands) that the employees could use to buy items from vending machines, log into computers, or use copy machines (such as with a magnetic key card). This idea is also catching on in Sweden, and not just for employment purposes. In what seems like science fiction more than legal reality, Montana and several other states (Arkansas, California, Missouri, North Dakota, Oklahoma, and Wisconsin) have now passed laws prohibiting mandatory microchip implants. We haven’t heard of many employers trying this out yet, but if you have any questions, members can contact their Vigilant employment attorney.

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