THE ELECTRONIC MONITORING NOTICE LAW

REMINDER… NEW YORK EMPLOYERS MUST COMPLY WITH THE ELECTRONIC MONITORING NOTICE LAW BY MAY 7, 2022

Any private employers with a place of business in New York that “monitors or otherwise intercepts” any employee's telephone conversations, emails, or internet access or usage by “any electronic device or system” must give written notice of this activity to all employees subject to such electronic monitoring by May 7, 2022. 

Section 52-C*2 of the New York Civil Rights Law requires that New York employers:

• Give notice to current employees subject to electronic monitoring either in writing or in electronic form; 

• Begin giving such notice upon hire of new employees subject to electronic monitoring; 

• Receive acknowledgment of the notice from all employees given the notice, either in writing or electronically; and 

• Post the notice of electronic monitoring “in a conspicuous place which is readily 

• available for viewing by its employees who are subject to electronic monitoring. 

The New York Attorney General's Office will begin enforcing this law on May 7, 2022, so employers must provide written notice to current and new employees, secure their acknowledgment, and post the notice as soon as possible in order to comply with the law by the May 7 deadline. 

The contents of the notice should include the following language: 

Any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee via any electronic device or system, including but not limited to the use of a computer, telephone wire, radio or electromagnetic, photoelectronic or photo-optical systems, may be subject to monitoring at any and all times and by any lawful means. 

If you are after more clarity or implementation advice on electronic monitoring or would like to establish if you are compliant, you can reach out to Kevin on 📧kevin@kmckernan.com or 📞718-317-5007