Notice of employer electronic monitoring

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On November 8, 2021, New York became the third state to require private employers to provide employees with notice of employer monitoring of phone, email, and internet access/usage.  New York’s new law (SB 2628) goes into effect on May 7, 2022.  New York joins Connecticut and Delaware, whose laws are already in effect.  Unfortunately for employers, the three laws differ with respect to what is covered, when and how employers are to notify employees, and the amount of civil penalties.

What is covered

The New York law will cover any private employer with a place of business in the state

who monitors or otherwise intercepts 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 photooptical systems.

Connecticut uses a similar list, but also broadly covers “collection of information on an employer’s premises concerning

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