On November 8, 2021, New York Governor Kathy Hochul signed into law a bill requiring employers to provide written notice to and obtain employee acknowledgments from new hires before they may engage in electronic monitoring of their employees. New York joins Connecticut and Delaware as the only states with such a requirement.
The law, which amends the New York Civil Rights Law and becomes effective May 7, 2022, applies to all employers with a place of business in New York State who “monitor or otherwise intercept” their employees’ telephone, e-mail, or internet access and usage practices. The law will require employers to provide new hires with notice of such electronic monitoring, obtain employee authorizations of their receipt of the requisite notice, and conspicuously post notices of the employer’s electronic monitoring in the workplace. The law provides that all covered employers must advise their employees of the following:
[A]ny and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage 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 may be subject to monitoring at any and all times and by any lawful means.
Employers may satisfy the written notice and authorization requirements through use of electronic records or other electronic forms, as opposed to physical records.
The law...
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