Starting May 7, 2022, if private employers in New York wish to monitor their employees' phone and internet use and communications, they must give their employees advance written notice upon hiring and then post that notice conspicuously in the workplace. The new law, A.430/S.2628 (the Act), resembles electronic monitoring laws enacted by Connecticut in 1998 and Delaware in 2001, which also require employers to notify employees of certain monitoring activities. While New York employers already are subject to New York's wiretapping law as well as federal laws such as the Electronic Communications Privacy Act of 1986, the new statute is the first New York law to impose any employee-monitoring notice requirement on them. Many organizations based in New York may need to take steps now to prepare for compliance, including updating policies and procedures and developing systems to provide the required disclosures.
The Act applies to any employer who monitors (or otherwise intercepts) an employee's telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage. Employers may monitor employees for various reasons, including to meet regulatory obligations, to ensure workplace policies and procedures are followed, and to identify any illegal behavior such as data leaks and trade secret theft. Notice is not required, however, for processes that are designed to manage the type or volume of e-mail, voicemail, or internet usage; that are...
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