A new employee monitoring law went into effect in New York on Saturday requiring all private employers to notify employees if their internet, email or phone use is being monitored.
FingerLakes1.com recently spoke with Sabastian Piedmont, managing partner at Tully Rinckey PLLC’s Syracuse office, to discuss how the new law impacts employees, what compliance looks like for employers and potential penalties for non-compliance.
The legislation comes as an amendment to New York’s Civil Rights Law. It was signed into law by Governor Kathy Hochul in November of last year and went into effect on May 7, 2022.
According to Piedmont, employers that monitor their employees’ electronic activity must obtain “an acknowledgment and written consent” from new hires.
Employers whose monitoring relates to general system maintenance “wouldn’t need an acknowledgment from a new hire if they’re not monitoring anything else but still have a spam filter of firewall,” explained Piedmont.
The law also requires employers to post an annual notice to current employees of the types of electronic monitoring that may occur. According to the legislation, the notice must be posted in a “conspicuous place” where it can be viewed by all affected employees.
To avoid civil penalties, employers should already have made the necessary preparations to comply with the...
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