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 fine for the first offense
- $1,000 fine for the second offense
- $3,000 for the third and subsequent offenses
Are there electronic processes that the law does not cover?
The law does not apply to the following:
- Management of the type of volume of incoming or outgoing electronic mail or telephone voice mail or internet usage
- Electronic services that do not monitor or intercept a particular person’s electronic mail, telephone voice mail or internet usage
- Services for computer system maintenance and/or protection
As an employer, do you have concerns about electronic monitoring?
If you have questions or concerns, you should consult with an experienced employment law defense attorney. Whenever possible, it is wise to do so before legal issues arise. Call (718) 275-6500 to arrange an appointment with Stephen D. Hans & Associates, P.C.