New York to Require Employee Electronic Monitoring Notification

On Nov. 2, 2021, the state of New York amended its civil rights laws to require employers to disclose electronic monitoring activities to their employees and to require employee acknowledgment before monitoring can begin. The amendments will be effective on May 7, 2022.

Affected Employers

The amendments apply to private individuals, corporations, partnerships, firms, or associations with a place of business in the state that monitor or otherwise intercept:

• Telephone conversations or transmissions;
• Electronic mail or transmissions; or
• Internet access or usage of or by an employee.

Monitoring may be accomplished by any electronic device or system, including but not limited to a computer, telephone, wire, radio, electromagnetic, photoelectronic, or photo-optical systems.

The amendments do not include video camera surveillance or location tracking. Similarly, the law excludes electronic monitoring conducted solely for computer system maintenance or protection.

Employee Notification and Acknowledgment

With this amendment, employers in New York will have to notify employees upon hiring that they are subject to electronic monitoring. The notice must be in writing, in an electronic record, or another electronic form. In addition, employers will need to display the notice of electronic monitoring in a conspicuous place.

Employees will need to acknowledge receiving this notification either in writing or electronically.

Please contact us for additional details or assistance with implementing NYS Employee Electronic Monitoring Notification.