by Stephen D. Hans | Jun 14, 2022 | A New Amendment to the New York Civil Rights Law
A New Amendment to the New York Civil Rights Law New York employers must notify employees about electronic monitoring. This new amendment to the New York Civil Rights Law went into effect on May 7, 2022. Furthermore, the notification must be in writing, and there are additional provisions employers must follow. FAQs about How to Notify Employees about Electronic Monitoring What businesses must give prior notice? Based on the new electronic monitoring amendment, the law applies to any NY business. This includes individuals, partnerships, firms, corporations or associations that have a place of business in New York. It does not apply to the state government or any state political subdivision. Who must the employer notify? Prior to hiring employees for electronically monitored positions, the employer must provide the applicants with a written notice. For already existing electronically monitored employees, the employer must post a notification. What does “in writing” mean? The notice must be either in physical writing, in an electronic record or another electronic form. Also, the employee must acknowledge in writing or electronically that they have seen the notice. Furthermore, the employer must post the notice about electronic monitoring in a conspicuous workplace area. It must be readily available to view by employees who are subject to electronic monitoring. What qualifies as electronic monitoring? The following are types of electronic monitoring interception: Telephone conversations or transmissions Electronic mail or transmissions Internet access or usage by any electronic device or system. For example, by a computer, telephone, wire, radio or electromagnetic, photoelectronic of photo-optical system. What are the potential penalties for violating this law? Potential penalties include: $500...
