Beginning on May 7, 2022, employers in New York State who engage in electronic monitoring of employee communications will be required to notify their workers of such monitoring.
S2628, signed into law on November 8, 2021, requires all employers in the state of New York to provide prior written notice to newly hired employees if they intend to monitor or otherwise intercept telephone conversations or transmissions, email, 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. This likely includes videoconferencing platforms such as Zoom or Teams. Notice must be:
Electronic monitoring “solely for the purpose of computer system maintenance and/or protection” does not trigger S2628’s notice requirements.
Employers must also post a notice of electronic monitoring in a conspicuous place which is readily available for viewing by its employees who are subject to electronic monitoring.
S2628 does not contain a private right of action. However, as has been seen with other data privacy statutes, the absence of such a provision will not necessarily preclude plaintiffs from filing suits against defendants for purported violations of their obligations under S2628. A common...
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