Employee Monitoring: New York Establishes New Requirements for Employers

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Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their activities in the workplace.  Civil Rights (CVR) Chapter 6, Article 5, Section 52-C*2 will take effect six months after enactment, i.e. May 7th, 2022.

Pursuant to the new New York law, electronic monitoring in the workplace includes monitoring of employees’ telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of or 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. Prior written notice of the electronic monitoring must be issued at the time of hiring and must be acknowledged by the employee in writing or electronically.  In addition, the notice must be posted in a conspicuous place readily available for viewing by employees.

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