NYS electronic monitoring law goes into effect

On May 7, 2022, a new law governing electronic monitoring in the workplace went into effect. Since many companies have policies that allow them to monitor an employee’s company e-mails, computer usage, or phone calls, you may be affected. The new law requires a mandatory notice about such monitoring. Read on to understand how the law will affect your company.

Background

On November 8, 2021, Governor Kathy Hochul signed Senate Bill S2628, which amended the New York State Civil Rights Law by adding new Section 52-c. The law took effect May 7, 2022, and applies to any employer, including an individual, partnership, firm, or association with a place of business in New York. The state and any political subdivision, such as counties, towns, villages, school districts, and fire districts, are not covered, however.

Monitoring

The new law applies to a private-sector employer that “monitors or otherwise intercepts telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of or by an employee by any electronic device or system, including but not limited to the use of a computer, telephone, wire, radio, or electromagnetic, photoelectronic or photo-optical systems.”

Exceptions