NY law requires employee notice about phone, e-mail, Internet monitoring

Private New York employers must provide written notice to employees before monitoring their electronic communications, according to a new state law taking effect May 7, 2022. Notably, they can still monitor employees’ telephone, computer, and Internet access and usage so long as they tell them about it in advance.

What new law requires

On November 8, 2021, Governor Kathy Hochul signed the electronic monitoring bill, which will be codified as Section 52-c of the New York Civil Rights Law. It contains several notice requirements to which any private employer, regardless of size, with “a place of business in” the state must adhere:

• Employers must provide employees with “prior written notice upon hiring,” that is, “in writing, in an electronic record, or in another electronic form” if they do or plan to monitor or intercept workers’ telephone, e-mail, and Internet access usage.
• The employee must acknowledge the notice either in writing or electronically.
• Finally, employers must post the electronic monitoring notice in a conspicuous location that’s easily visible to all employees subject to the process.

The written notice must inform employees that any and all telephone and e-mail transmissions or conversations, or any Internet access or usage, via the use of any electronic device or system may be subject to electronic monitoring by the employer at any and all times and by any lawful means.