Notice, Consent Required In New York For Electronic Monitoring – Employment and HR




United States: Notification, electronic monitoring requires consent in New York

To print this article, all you need is to register or log in to Mondaq.com.

Under the state’s new law, beginning in May, employers in New York City must give advance written notice and obtain the consent of new employees to the types of electronic monitoring used.

Signed by Gov. Katie Hochul in November 2021, the A430 covers any “individual, corporation, partnership, firm, or association with a state-of-the-art business,” excluding the state and its political unit as employers.

Employers who “monitor or otherwise intercept” or use telephone conversations or transfers, e-mail, or Internet access must give prior written notice of employment to all employees subject to such control.

Monitoring designed to control the type or volume of such information solely for the purpose of maintaining or protecting the system is not covered by law.

The notice must be in writing (permissible via email) and must be confirmed by the staff in writing or electronically. Employers are also required to place a notice “in a conspicuous place” available for viewing by employees to be monitored.

Enforcement will be handled by the Attorney General, with civil fines ranging from $ 500 for the first crime and increasing to $ 3,000 for the third and subsequent crimes.

To read the A430, click here.

Why it matters: While the law states that notice must be sent “upon hiring,” employers may wish to consider notifying all employees when the law comes into force on May 7th.

The content of this article is intended to provide general guidance on the topic. You should seek the advice of a specialist on your specific circumstances.

POPULAR ARTICLES ON: Employment and HR from the United States

California is on its way to returning sick pay from COVID-19

Manatt, Phelps & Phillips LLP

Gov. Gavin News and lawmakers have announced that they have reached an agreement to restore California’s claim that businesses provide additional paid sick leave to employees affected by COVID-19.

Suitability versus rights

Bryan Cave Leighton Paisner LLP

A common mistake in both FMLA policy and in the reports of employees seeking leave under the Family and Medical Leave Act (“FMLA”) involves the misuse of the word “compliance” (or “compliance”) …

.

Leave a Comment