January 18, 2022

Volume XII, Number 18

Advertisement
Advertisement

New York State Enacts Phone, Email, and Internet Monitoring Notice Law for Private Employers

New York Governor Kathy Hocul has signed into law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage.

The law, which takes effect on May 7, 2022, will require all private employers, regardless of size, with a place of business in New York State to provide written notice upon hire to new employees if the employer does or plans to monitor or intercept telephone or email communications or internet access or usage by the employee.  The notice must be in writing (either hard copy or electronic) and must be acknowledged by the employee either in writing or electronically.  Employers will also be required to post the notice in a “conspicuous place which is readily available for viewing” by employees subject to the monitoring.

The written notice must inform employees that any and all telephone or email transmissions or conversations, or any internet access or usage, by means of any electronic device or system may be subject to monitoring at any and all times and by any lawful means.

The law does not apply to processes that: (i) are designed to manage the type or volume of incoming or outgoing electronic mail or telephone voice mail or internet usage; (ii) are not targeted to monitor or intercept the activities of a particular individual; and (iii) are performed solely for the purpose of computer system maintenance and/or protection.

Employers who violate the law will be subject to fines of up to $500 for the first offense, $1,000 for the second offense, and $3,000 for the third and each subsequent offense.

© 2022 Proskauer Rose LLP. National Law Review, Volume XI, Number 313
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Ryan P. Blaney Healthcare and Cybersecurity Attorney Proskauer Washington DC
Partner

Ryan Blaney is a partner in Proskauer’s Health Care and Privacy & Cybersecurity Groups.

Ryan’s practice focuses on regulatory compliance, enforcement, litigation and transactions in the areas of data privacy, cybersecurity, health care, and emerging technologies. He advises private equity, asset managers, health care, life sciences, retail and technology clients on privacy and cybersecurity compliance, cybersecurity incidents and government investigations, including acting as lead counsel in defending clients in regulatory investigations by...

202-416-6815
Evandro Gigante Labor and Employment Lawyer Proskauer Rose Law FIrm
Partner

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents clients through a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. Evandro also counsels employers through reductions-in-force, employee relations issues and other sensitive employment matters.

With a focus on discrimination and harassment claims,...

212.969.3132
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour...

212-969-3631
Arielle Kobetz, Proskauer Law Firm, Labor and Employment Attorney
Associate

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues. 

212-969-3304
Advertisement
Advertisement
Advertisement