REMINDER: Electronic Monitoring Law in Effect on May 7

This is a reminder to all private sector employers in New York that as of May 7, 2022, you must provide written notice to your employees of your organization’s intent to monitor employee telephone, email, and Internet communications, or of any ongoing practice of monitoring those communications. In addition, you must give prior written notice to all employees who are subject to such lawful monitoring at the time they are hired.

Please note that the law requires that employers post a notice of the new law in a “conspicuous place” where it can be viewed by all employees. The posting must specifically advise employees that all telephone communications, electronic mail or other internet 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 offense, $1000 for a second offense, and $3000 for a third or any subsequent offense.

We would be glad to assist with reviewing your organization’s current electronic monitoring policy, drafting a new policy, or crafting the notice and posting required by this change in the law. For more information, please contact us or you can access our first article on this upcoming change here.