The law applies to all private employers, defined as any individual or entity, regardless of size, with a place of business in New York State. The law specifically excludes ‘the state or any political subdivision of the state.’

Any employer who monitors or otherwise intercepts telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of or by an employee by any electronic device or system shall give prior written notice upon hiring to all employees who are subject to electronic monitoring. 

It includes, but is not limited, to the use of a computer, telephone, wire, radio, or electromagnetic, photoelectronic or photo-optical systems.

Employers must also secure written acknowledgment from new employees that confirms their receipt of the notice. 

Although existing employees do not need to provide written acknowledgement of the notification, employers must post notice of the electronic monitoring in a conspicuous place in the workplace. 

The law does not clarify if employees hired by New York employers to work remotely out-of-state are entitled to the requisite notice but, in an abundance of caution, affected employers should provide notice to all new employees, regardless of their physical place of work.

Employers should update their employee handbooks, prepare written notice for all onboarding employees, keep documentation of employee acknowledgement and prepare notice of electronic monitoring to be posted conspicuously in the workplace to be compliant with the new law’s requirements. 

Violations of the law may subject employers to civil penalties of up to USD 500 for the first offence, USD 1,000 for the second offense, and USD 3,000 for the third and each subsequent offence.

New York follows Connecticut and Delaware, that have enacted similar employee surveillance laws.

The purpose of the law is to increase transparency between employers and employees, that we already found also in the measure related to transparency in job posting, as we reported in this article.