Who does this law apply to?

Employers who engage in employee e-mail monitoring in the state of New York need to provide notice to their employees about such monitoring.

What is the law?

The new electronic monitoring law requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur, and also provides employers shall also post the notice of electronic monitoring.

When does it go into effect?

The law is effective May 7, 2022.

Where do I have to post it?

You must post the electronic monitoring notice in a conspicuous place, readily available for viewing by all employees.

Why do I need this notice?

Employer transparency is important so that employees are aware of monitoring and collection of data in the workplace, and is required in order to avoid civil penalties by following the law. Employers found in violation shall be subject to a maximum penalty of $1,000 for each offense.

How do I get the notice?

Employers can prepare the acknowledgement notice in their company documents for new employees, and post the notice. The notice can be worded at the company’s own discretion, as long as it states language similar to “This employer may engage in the following types of electronic monitoring of employees’ activities or communications with regards to: telephone, camera, computer, radio, wire, electronic, e-mail,” and etc. There is not yet an official notice distributed by New York state. (As of May 10, 2022 – this may change later on.)

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