New York Employers Must Give Employees Notice of Electronic Monitoring

Beginning May 7, 2022, employers with a place of business in New York that monitor or intercept employee phone calls, email, or internet use must provide advance, written notice about it when the employee is hired. In addition to being in writing, the monitoring notice must be in electronic form and acknowledged by the employee in writing or electronically.

The notice must inform the employee that any phone calls, emails, or internet use by them via electronic device or system, including but not limited to the use of a computer, telephone, wire, radio or electromagnetic, photoelectronic, or photo-optical systems may be subject to monitoring at any and all times and by any lawful means.

Employers must also conspicuously post the notice of electronic monitoring in a place where employees who are subject to electronic monitoring can see it. However, the notice requirements don’t apply to processes used to manage the type or volume of incoming or outgoing emails, voicemails, or internet use if they aren’t targeting the use of a particular individual and are solely for computer system maintenance or protection. (NY AB 430 signed by governor November 8, 2021)

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Disclaimer: The information contained in this message is for general informational purposes only and does not constitute legal advice.