New York employee electronic monitoring law takes effect

New York employers that monitor employee phone, email or internet use must now give prior written notice and obtain acknowledgement.

New York’s electronic monitoring notice law (Civil Rights Law §52-c) comes into force today.

Key points

Employers monitoring telephone, email or internet access must give written notice on hiring.
Employees must acknowledge the notice in writing or electronically.
A notice must be posted in a conspicuous place.
The Attorney General can impose civil penalties of up to $500 for a first offence, rising for repeat offences.

UK organisations with staff in New York should review monitoring practices and onboarding documents, just as they would to meet UK transparency requirements for workplace monitoring.

Source: New York Civil Rights Law § 52-c (NY State Senate)

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