As we previously discussed, the New York electronic monitoring notice law, N.Y. Civ. Rts. L. Section 52-C*2, requires that New York employers:
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give notice to current employees subject to electronic monitoring either in writing or in electronic form;
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begin giving such notice upon hire of new employees subject to electronic monitoring;
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receive acknowledgement of the notice from all employees given the notice, either in writing or electronically; and
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post the notice of electronic monitoring “in a conspicuous place which is readily available for viewing by its employees who are subject to electronic monitoring.
The New York Attorney General’s Office will begin enforcing this law on May 7, 2022, so employers must provide written notice to current and new employees, secure their acknowledgement, and post the notice as soon as possible in order to comply with the law by the May 7 deadline.
The contents of the notice should include the following language:
[A]ny and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system, 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 any and all times and by any lawful means.
For more information on the impact of this or any other New York laws, please contact one of the authors of this post or the Hogan Lovells lawyer with whom you work.
Authored by Kenneth Kirschner and Heather McAdams.
