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Thursday, October 15, 2026

Mark Your Calendars: One Month Until New York’s Law Requiring Notice of Electronic Monitoring of Employees Goes into Effect - JD Supra

New York entities have one month to prepare required notices to employees for certain types of electronic monitoring. On Nov. 8, 2021, Gov. Hochul signed into law an amendment to the New York Civil Rights Law, that requires any private individual or entity with a place of business in the state to provide notice to employees for certain types of electronic monitoring. The law goes into effect on May 7, 2022, pushing employers to determine the scope of their electronic monitoring activities and begin updating their policies and issuing notices to ensure compliance with the new law’s requirements prior to its effective date.

The law applies broadly to telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage “of or by an employee by any electronic device or system, including but not limited to the use of a computer, telephone, wire, radio, or electromagnetic, photoelectronic or photo-optical systems.” Employers that “monitor or otherwise intercept” their employees’ telephone calls, email or internet access or usage as defined under the law must provide written notice to all employees upon hiring and post a notice of electronic monitoring in a “conspicuous place which is readily available for viewing” by affected employees. The law requires that the written notice advise employees “that any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any...



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