Electronic Monitoring Notice Requirement

Effective May 7, 2022, all private-sector employers, regardless of size, with “a place of business in” New York State must notify employees of their electronic monitoring practices. 

• Specifically, employers must provide employees “prior written notice upon hiring” which “shall be in writing, in an electronic record, or another electronic form” if the employer engages in monitoring or intercepting employees’ telephone, email, and internet access usage. 

• The written notice must inform employees that any telephone and email 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 time and by any lawful means. 

• Employees must acknowledge the notice either in writing or electronically. Employers must also post the notice of electronic monitoring in a conspicuous location that is easily visible to all employees who are subject to the electronic monitoring.