New York Employers Required to Notify Employees of Electronic Monitoring

Starting Might 7, 2022, New York employers that monitor their workers’ digital actions may have sure notification obligations. The brand new regulation applies to all personal employers, regardless of dimension, with a spot of enterprise in New York.

The aim of the regulation is to improve transparency between employers and workers, a rising development in jurisdictions nationwide. New York follows within the footsteps of different states, together with Connecticut and Delaware, which have enacted comparable worker surveillance legal guidelines.

What Monitoring Actions Are Coated?

The regulation applies broadly to monitoring actions and communications on “any electronic device or system,” together with by means of phone, e-mail, or the web. The regulation doesn’t seem to be restricted to monitoring on company-issued gadgets solely, however the way it will finally be interpreted stays to be seen.

What Are the Discover Necessities?

Employers that electronically monitor their workers should:

  • Present written discover to newly employed workers and procure their written acknowledgment of that discover.

  • Publish a discover in a conspicuous space within the office.

What Monitoring Actions Are Exempted?

The regulation doesn’t apply to processes that:

  1. Are designed to handle the sort or quantity of incoming or outgoing e-mail, voicemail, or web utilization;

  2. Are usually not focused to monitor or intercept the digital actions of a specific particular person; and

  3. Are carried out solely for laptop system upkeep and/or safety.

Examples of these exempted processes embrace spam filters and firewalls.

What Are the Penalties for Noncompliance?

New York’s Legal professional Basic is empowered to implement the regulation. The utmost civil penalty is $500 for the primary offense, $1,000 for the second offense, and $3,000 for the third offense. As with all new regulation, solely time will inform whether or not and/or how typically penalties will truly be imposed.


New York employers ought to overview their worker handbooks, worker intranet portals, and written insurance policies on digital monitoring to guarantee they adjust to the regulation. Employers must also put together an acknowledgment kind for newly employed workers to signal as soon as they obtain discover of digital monitoring and put together a discover to publish in a conspicuous space within the office.

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