Employers Must Provide Notice to Employees of Surveillance Practices Under New Law

On May 7, 2022, the Governor of New York, Kathy Hochul, signed a new law requiring private sector employers who monitor or intercept their employees’ emails, text messages, telephone conversations, or internet use to notify them of such practices.  The new law only applies to surveillance practices put in place solely to intercept or monitor an employee’s telephone calls, text messages, emails, or internet usage. An employer is not required to provide notice regarding systems or practices that manage the type or volume of telephone calls, voicemails, emails, or internet usage. Further, employers do not have to give employees notice of monitoring programs that are used for system maintenance or cybersecurity.

The bill, Senate Bill S2628, requires the employer to give written notice upon an employee’s hire and once annually to all employees “informing them of the types of electronic monitoring” that the employer engages in. The employer must also receive a written or electronic acknowledgment from the employee stating that the employer has provided notice of the surveillance practices.  Additionally, the employer must post notice of the electronic monitoring “in a conspicuous place which is readily available for viewing by employees.” 

While there is no private right of action for employees and only the office of the New York Attorney General can enforce the law, employers who violate the law may receive a $500 penalty for the first offense, $1,000 for the second offense, and $3,000 for the third offense.  

Workers who believe that they have been victim of illegal practices at the workplace should seek legal counsel as soon as possible to understand your rights and determine whether you have a claim.