NY Employers Who Conduct Electronic Monitoring of Employees Must Provide Written Notice to New Hires Starting May 7On May 6, 2022 by Schnader in Labor and Employment
Lisa M. Brauner published a client alert, “NY Employers Who Conduct Electronic Monitoring of Employees Must Provide Written Notice to New Hires Starting May 7.”
Effective May 7, 2022, all private-sector employers “with a place of business in New York State” (for-profits and nonprofits, alike) that conduct electronic monitoring of employees must provide prior written notice of monitoring, containing specified language, to new hires. This requirement is part of a new state law enacted toward the end of 2021, amending New York’s Civil Rights Law.
The written notice of electronic monitoring by the employer must inform an employee that “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 and by any lawful means.”
Although the law does not require that current employees receive the written notice, it does require employers to post a notice of electronic monitoring in a conspicuous area available for viewing by employees subject to such monitoring.