On November 8, 2021, New York amended its Civil Rights Law to require employers to notify employees if their use of e-mail, telephone systems, computer systems and the like are subject to monitoring or interception by the employer. When the law comes into effect on May 7, 2022, New York will join Connecticut, which has its own electronic monitoring notice requirements, in requiring that employers provide a notice of electronic monitoring to their employees.
Both the New York and Connecticut laws have two basic components: written notice to employees of monitoring, and a conspicuous posting to notify employees of monitoring.
Who is Subject to the Law?
Private employers with a place of business in the state of New York are covered by the law and must provide notice of electronic monitoring if they engage in it. The law’s broad application and definitions (or lack thereof) will require employers to think twice about how it may impact employees living and working remotely outside of New York.
In today’s virtual world, many New York-based employers are likely to have folks working remotely in other states. As a best practice, employers in this situation would be prudent to assume they are subject to the law. Compliance should come at a relatively low cost to employers, in any event.
What Constitutes Electronic Monitoring?
According to the new law, electronic monitoring is the act of monitoring (or intercepting) employees’ telephone conversations or transmissions, e-mail, or...
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