NYS Electronic Monitoring Law Goes Into Effect May 7, 2022

Beginning May 7, 2022, all employers with places of business in New York State who "engage[] in electronic monitoring" of their employees must provide written notice to their employees informing them of such monitoring immediately upon hiring. This new requirement comes as a result of a recent amendment to the New York Civil Rights Law, Senate Bill S2628, which the New York Governor signed into law on November 8, 2021 (the "Amendment").

Pursuant to the Amendment, covered employers must notify employees who are subject to electronic monitoring as defined by the Amendment of the following:

"any 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 by any lawful means."

Employees who are provided this notice upon hiring must acknowledge receipt "either in writing or electronically."

Covered employers are also required to post the notice in a "conspicuous place which is readily available for viewing by its employees who are subject to electronic monitoring." Many employers may already have an electronic monitoring notice and acknowledgment in their employee handbooks, but employers should ensure the handbook's language complies...

Read Full Story: https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1183490/...