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Sunday, October 18, 2026

New York Law Requires Employee Notice Of Electronic Monitoring - Employment and HR - United States - Mondaq News Alerts

Highlights

New York employers will be required to provide written notice to new hires, effective May 7, about monitoring employee phones, emails and/or internet usage

Employers do not have to provide written notice to existing employees, but must post such a notice in the workplace

Employers could be subject to significant fines for failure to provide proper notifications

The new year brings a new law regarding electronic monitoring of employee communications. Effective May 7, 2022, New York employers will be required to provide notice to employees for certain types of electronic monitoring; the new state law applies to all private employers with a place of business in the state.

Any employer that electronically monitors phones, emails, and/or internet usage must give prior written notice of that monitoring to all new employees and obtain a written acknowledgment (which may be in electronic form) from those employees before monitoring them. Notably, employers do not have to provide written notice to existing employees, and existing employees do not need to acknowledge that their communications may be monitored. However, employers must post a conspicuous notice regarding the electronic monitoring where those who are being monitored can see it.

The New York State Office of the Attorney General has the authority to enforce the law. Employers who violate the law may be fined $500 for a first offense, $1,000 for a second offense, and $3,000 for third and subsequent offenses....



Read Full Story: https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1164978/...