New York State Employers Required to Notify Employees of Electronic Monitoring

Effective May 7, 2022, New York’s Civil Rights Law will require private employers to notify employees of electronic monitoring of their workplace electronic communications.  The new law applies to any private employer in New York State that “monitors or otherwise intercepts” any employee’s “telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of or by any electronic device or system.”  Any private employer that engages in such monitoring must give affected employees prior written notice (notice in electronic form is permitted) that they are subject to electronic monitoring, and the notice must be acknowledged either in writing or electronically by the affected employees.  Covered employers must also post a notice of electronic monitoring in a conspicuous place which is readily available for viewing by its employees who are subject to electronic monitoring.

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