New York Law Requiring Electronic Monitoring Transparency in the Workplace

Employers’ responsibility to inform employees about electronic monitoring

New York has a new law that affects electronic monitoring transparency in the workplace. NY Governor Hochul signed the law on November 8, 2021. It goes into effect on May 7, 2022.

The new electronic transparency law requires that employers give written notice to employees about electronic monitoring before engaging in it. Electronic monitoring could be done via telephone, email or through internet access or usage.

Who does the law affect?

It affects all New York employers, who monitor or intercept employee’s email, telephone and internet usage or access. In addition, it applies to companies of all sizes.

What is the notification requirement?

When employer hires an employee, they must give notification about electronic monitoring. Also, the notice must be in writing. Employers must have their employees acknowledge in writing that they received the notification. Additionally, employers must post the notification in an obviously visible location.

What must the notice say?

The notice must convey the message that electronic monitoring includes:

  • All telephone conversations or transmissions
  • Electronic mail or transmissions
  • Internet access or usage by any electronic device or system (computer, telephone, wire, radio, electromagnetic, photoelectronic or photo-optical systems)

What are the potential penalties for non-compliance?

Employers violating the law could receive fines of $500 for the first offense, $1,000 for the second offense, and $3,000 for third and each additional offense.

Seek legal counsel for issues concerning electronic monitoring transparency in the workplace

The New York legislature frequently passes new laws. As an employer, it is vital to stay up-to-date. An experienced lawyer can help you to stay apprised of compliance issues and also help you make the right decisions for your business.

If you have questions or concerns, consult with our attorneys at Stephen D. Hans & Associates, P.C. We are glad to provide you with experienced legal guidance. Call (718) 275-6500 to arrange an appointment.

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