New York Government has enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or usage. The law comes into effect on May 7, 2022.
Key highlights:
- Employers must provide notice of monitoring to current employees and to new employees upon hire.
- Notice must be in writing or in an electronic form and conspicuously posted, and individually distributed. Employees must acknowledge the notice in writing or electronically.
- To impose specific content requirements for the notice such as, that telephone conversations, email, or internet usage may be monitored at any and all times and by any lawful means.
- Monitoring processes must be performed merely for the purpose of computer system maintenance or protection.
- The NYAG has the authority to enforce these requirements. Civil penalties may range from $500 for a first offense, up to $3,000 for subsequent offenses. There is no private right of action for violations of the law.