New York Requires Businesses To Notify Employees of Electronic Monitoring

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On November 8, 2021, New York Governor Kathy Hochul signed a new electronic monitoring law (S2628) requiring New York businesses that monitor or intercept employees’ e-mails, telephone calls, or internet usage to notify employees in writing of these practices.  The new law amends the state’s civil rights law and takes effect on May 7, 2022.

According to the memorandum submitted by the New York State legislature in support of the bill, one reason for the notice requirement is to “protect[] employee privacy by making sure that [employees] understand the consequences of inappropriate internet activity.”  The statute also purports to support businesses by permitting them to “retain the right to monitor computer usage, simply with the stipulation that employees are informed of surveillance practices. This knowledge will increase transparency within the organization and help to avoid lawsuits and litigation regarding invasion of privacy.”

A summary of the key provisions and requirements is below.

Who is covered?

All employers—regardless of size—with a place of business in

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