New York Gov. Kathy Hochul signed Senate Bill (SB) S2628 into law on Nov. 8, 2021. The law, which takes effect on May 7, 2022, requires every private-sector employer to provide notice of its electronic monitoring practices to all employees 1) upon hiring, with written or electronic employee acknowledgement, and 2) more generally, in a "conspicuous place" viewable by all employees.
The new law applies to all private employers within the state, regardless of size or entity type, and governs surveillance of employee internet usage and communications, including phone calls, text messages and emails. The notice, in written or electronic form, must advise employees that any and all telephone conversations, email communications and internet access or usage may be subject to monitoring "at any and all times and by any lawful means."
The law amends the state's civil rights law and is focused primarily around protecting the privacy interests of employees and a workforce that has largely shifted to electronically based remote work in the wake of the COVID-19...
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