• The Bar
  • Advocate Stories
  • The Verdict
  • Innovation
  • Above The Law
LawyersBlvd New York Establishes Employee Monitoring Requirements for Employers
0Shares
0 0 0 0 0
LawyersBlvd
  • The Bar
  • Advocate Stories
  • The Verdict
  • Innovation
  • Above The Law
The Verdict

New York Establishes Employee Monitoring Requirements for Employers

Anne Kramer Jan 03, 2022
0Shares
0 0 0 0 0

Kathy Hochul, the Governor of New York, signed a Bill requiring New York employers in the private sector to present written notice to their employees prior to electronic surveillance of their workplace activities. With the new law, electronic monitoring in the workplace includes employees’ telephone conversations /transmissions, electronic mail / transmissions, or internet usage by employees by any electronic device such as a telephone, wire, radio, computer, electromagnetic, photo-electronic or photo-optical systems.

Creator: Onfokus | Credit: Getty Images/iStockphoto

Prior written notices of electronic monitoring systems being used, must be issued when hiring and acknowledged by employees in writing or electronically.  The surveillance notice must be posted in places readily available for viewing by employees. Only the attorney general of New York is the authority exclusive enforcement in the matter. Failure to comply with legal requirements will be fined $2,500 for the offense the first time, up to $4000 for the second offense, and not more than $5000 for the third and all other subsequent offenses.

Electronic Monitoring Travails for Employers

Such employer monitoring requirements are in place in Connecticut and Delaware also, for both private and public sector employers. Excessive, clumsy, or improper employee monitoring could cause significant staff morale problems and may even create potential legal liability for privacy-related violations of statutory and common law protections. COVID-19 has significantly changed how organizations can operate, and surveillance is very important, for employers not sharing workspace with their employees.  When employers implement new monitoring and surveillance tools, careful planning by the right team in place, should review policies, applicable federal and state laws, and address problems. Electronic monitoring by New York employers, irrespective of size must disclose the various electronic monitoring systems, to all employees.

Concerns of Employee Privacy

Credit: Shutterstock |Copyright: Copyright (c) 2018 metamorworks/Shutterstock.

When organizations engage in surveillance or search employees, they must consider their employee expectations of privacy. Whether prior notice of employee monitoring is required or not, the best practice is to inform employees a well-drafted policy bout what to expect when using organizational systems, whether in the workplace or working remotely. This addresses employee expectations of privacy, as well as clarifying the information systems and activities subject to the policy.

General Requirements

From May 7, 2022, employers involved in electronic monitoring of employees, must provide detailed written notice to digitally monitor text messages, e-mails or intercept phone conversations, and internet usage of employees. The notice must be prominently placed, easily viewed by all employees to be monitored who are warned about being monitored at all times by lawful means.

New Hire Requirements

Employees hired after May 7, 2022, have to read and sign an acknowledgment that they have received this notice, in electronic or written form, before joining employment, and before monitoring can commence. This law requires no written or electronic acknowledgment from their current employees. Though lacking clarity about specific notices, notices must be clear and specific as regards the types of monitoring employers would engage.

Enforcement & Penalties

Creator: Andrii Yalanskyi | Credit: Getty Images/iStockphoto

For violations, employers may be fined up to $500 for the first offense, $1,000 for the second offense, and additional $3,000 in fines for each consequent offense. Without any right of action, the Attorney General of New York can enforce violations. To ensure seamless compliance, employers may begin preparation for this new law immediately, regarding notices given to all employees as also consent forms for newly hired employees to sign. Employers should consider how to electronically monitor their employees and draft notices accordingly.

Share This
0Shares
0 0 0 0 0
Previous Article
The Feds Have Formally Charged a Russian National for Lying to the FBI
Next Article
The Unending Trials of Murder Accused Robert Durst
Comments (0)

Leave a Reply Cancel reply

You must be logged in to post a comment.

Related News

The Verdict
Trademark Battles I: When the Biggest Brands Go to Court
Anne Kramer May 20, 2022
The Verdict
Was Your Wrongful Termination of Employment Illegal?
Anne Kramer May 11, 2022
The Verdict
The US Officially Raises Tobacco Buying Age to 21
Anne Kramer May 07, 2022
The Verdict
The Legal Tangles of Cohabitation is Different Around the World
Anne Kramer May 06, 2022
LawyersBlvd
  • Privacy Policy
  • About Us
  • Contact Us
  • Home
  • Terms Of Use

Copyright . All RIGHTS RESERVED.

  • Lost Password Back ⟶
  • Login
  • Register
Lost Password?
Registration is disabled.