New York to Require Employee Electronic Monitoring Notification

NY amended its civil rights laws to require employers not only to disclose electronic monitoring activities to their employees but also to require employee acknowledgment before monitoring can begin.

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Published: 02.25.2022

Employers Will Need to Notify Employees Upon Hiring 
On Nov. 2, 2021, the state of New York amended its civil rights laws to require employers not only to disclose electronic monitoring activities to their employees but also 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, or 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 in 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.
 
Source: Zywave HR360