New York recently joined Connecticut and Delaware as one of a small number of states with statutes that require employers that engage in electronic monitoring of employees to provide prior written notice of the monitoring.
On November 8, 2021, the State of New York enacted an amendment to the Civil Rights Law creating new section 52-c, which takes effect after 180 days. The new law applies to any private sector employer that monitors or otherwise intercepts an employee’s telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage. The law provides an exception to its requirements when the activity is (a) designed to manage the type or volume of email, telephone, or internet use; (b) not targeted to monitor a particular employee; and (c) performed solely for purposes of systems administration or protection.
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