New York State Passes Law Requiring Notice for Employee Monitoring

New York State will require private employers to notify employees when electronically monitoring their telephones, emails, and internet access and usage.

On November 8, 2021, New York Governor Kathy Hochul signed Senate Bill S2628, which requires private New York State employers that electronically monitor or intercept employees' telephone conversations, emails, and internet access or usage to:

• Notify employees at hiring, in writing or electronically, that the employer may electronically monitor or intercept telephone conversations, emails, and internet access or usage by any legal means.

• Obtain employees' acknowledgement of this notice in writing or electronically.

• Post a notice of electronic monitoring in a conspicuous place where monitored employees can easily view it.

The law does not apply when an employer satisfies all of the following:

• The monitoring is designed to manage the type or volume of phone calls, emails, or internet traffic.

• The monitoring is not targeted to a particular individual.

• The employer performs the monitoring solely for computer system maintenance or protection.

The law takes effect on May 7, 2022 and will be enforced by the New York State Attorney General who can seek maximum civil penalties of:

• $500 for a first offense.

• $1,000 for a second offense.

• $3,000 for a third and each subsequent offens