New York businesses that monitor or otherwise intercept the electronic mail or telephone conversations of their employees will soon need to inform them of these practices under an amendment to the state’s civil rights law signed November 8 by Gov. Kathy Hochul.

Under the new law, which takes effect May 7, 2022, employers must provide written notice to employees upon hiring and post the notice of electronic monitoring in a conspicuous place where it can been easily viewed by employees to whom it applies.

The notice requirement applies to any individual, corporation, partnership, firm or association with a place of business in New York, but does not apply to the state or its political subdivisions. This means that simply having an office in New York will subject a company to the law.

While many businesses already inform employees of electronic monitoring through employee handbooks and similar notices (and if a business does not, it should!), few also require a written acknowledgment (which can be electronic) from the employee. Even fewer businesses post a written notice of electronic monitoring in the workplace.

The New York Attorney General is responsible for enforcing the provisions of the law. Any employer found to be in violation shall be subject to a maximum civil penalty of $500 for the first offense, $1,000 for the second offense and $3,000 for the third and each subsequent offense.

Preparing the correct notice, acknowledgment and public posting will require careful consideration by any business. These steps should also be part of a well thought-out approach to employee monitoring that balances the needs of the business and the privacy of the employees.

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