Effective May 7, 2022, New York employers will be required to provide notice to employees for certain types of electronic monitoring.
New York Electronic Monitoring Law
In the state of New York, employers must maintain compliance with certain requirements regarding electronic monitoring. The primary duty of employers is to provide notice to employees. To avoid any legal trouble or fines, it is best to provide notice to employees of all types of electronic monitoring.
New York Electronic Monitoring Requirements
Under New York Electronic Monitoring Law, all private employers with a place of business in the state are required to:
- Provide advance, written notice, which can be electronic, of the monitoring to all new employees.
- Employers should use the New Hire Electronic Monitoring Acknowledgement Form
- Obtain a written acknowledgment (which may be in electronic form) from those employees before monitoring them.
- The notice must inform the employee that any phone calls, emails, or internet use by them via company-issued and/or personal electronic devices or systems, including but not limited to the use of a computer, telephone, wire, radio or electromagnetic, photoelectronic, or photo-optical systems may be subject to monitoring at all times and by any lawful means.
- Employers must post a conspicuous notice regarding electronic monitoring so that those who are being monitored can see it.
- Employers must also conspicuously post the Notice of Electronic Monitoring in a place where employees who are subject to electronic monitoring can see it.
Exceptions to Electronic Monitoring Law
Important to note, however, is that notice requirements don’t apply to processes used to manage the type, or volume, of emails, voicemails, or internet use (both incoming and outgoing) if they aren’t targeting the use of a particular individual and are solely for computer system maintenance or protection.
Get Help With New York Electronic Monitoring Management
Businesses have enough to worry about without adding compliance management to the list. Electronic monitoring laws, though simple at their core, can be complicated and difficult to understand. There's a lot of room for grey areas.
For help with New York Electronic Monitoring Law, or other New York compliance management issues, contact us today, or take a look at some of the compliance services available through our Human Resources Services Team.