As of May 7, 2022, covered employers in New York are required to provide notice to their employees disclosing any electronic monitoring practices. More specifically, employees must be notified that their telephone conversations, email communications and internet access or usage may be subject to monitoring at any and all times and by any lawful means.
Additionally, the notice must be acknowledged by employees and posted in a conspicuous location in the workplace. Employers must be sure to provide the required notice and acknowledgement to current employees as well as new hires. Non-compliance with this requirement may result in monetary civil penalties for each violation.
We also addressed this topic in a previous newsletter article (see here). If you do not currently have an electronic monitoring policy or notice, or you need assistance implementing one, please reach out to us.