Be Prepared for New Law Requiring Notice of Electronic Monitoring

Beginning on May 7, 2022, a new New York State law will go into effect that requires private sector employers to provide written notice to their workers of their intent to monitor (or their ongoing practice of monitoring) their workers’ telephone, email, and Internet communications. Under this new law, all such employers located in New York State that engage in any kind of lawful electronic monitoring of their employees’ communications must give prior written notice to all employees who are subject to such monitoring at the time they are hired.

While the law does not indicate that covered employers must provide this same notice to existing employees subject to monitoring, the law does require that employers post a notice of this new law in a “conspicuous place“ where all employees may read it. According to the law, the posting must advise employees that all telephone communications, electronic mail or transmissions or Internet access or usage may be subject to monitoring at any time and by any lawful means.

The penalties for violating this law are $500 for the first defense, $1000 for a second offense, and $3000 for a third or any subsequent offense.

If you already monitor or plan to monitor your employees’ communications, we strongly recommend that you work with your employment law attorney to draft an appropriate notice for new hires and posting as well as an employee handbook policy that clarifies the legal obligations in this regard.

Feel free to call us with any questions.