Employers in New York must disclose electronic monitoring, such as internet access and videoconferencing, to new hires under a new law taking effect in May, as workers contend with an employment landscape that’s increasingly dependent on technology.
The new law comes amid a worldwide push for greater privacy protections for consumers and workers, adding compliance obligations for businesses that must contend with general consumer privacy laws and employee-specific statutes.
White-collar companies in recent years, and especially during the coronavirus pandemic, have turned to online tools—video-conferencing, workflow management software, and the like—to increase worker productivity.
“Over the last 20 years, we’ve gone through an unprecedented electronic and digital transformation in the workplace,” said Mark Goldstein, a partner at Reed Smith LLP in New York. “This is an attempted counterbalance at that.”
The law—which takes effect May 7—requires disclosures to employees hired on or after that date. It applies to phone calls, internet searches, and online calls conducted through platforms such as Zoom Video Communications Inc.
The New York attorney general may seek penalties of up to $500 for the first offense, $1,000 for the second offense, and $3,000 for the third offense.
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