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New York Requires Electronic Monitoring Notice
Starting May 7, 2022, employers of any size in New York who monitor or tap employees’ phones, text messages, email, instant messages, or internet use must provide them with a notice upon hire and obtain a written acknowledgment. The notice and acknowledgment can be electronic (such as through the company intranet).
The notice must state that “any and all telephone conversations and transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system, including but not limited to the use of a computer, telephone, wire, or electromagnetic, photoelectronic, or photo-optical systems may be subject to monitoring at any and all times and by any lawful means.” Employers are also required to post the notice in a conspicuous place.
New York Electronic Monitoring Notice Coverage
According to the new regulation, any individual, corporation, partnership, firm, or association, regardless of size, with a place of business in New York State must comply with the law. It does not include the state or any political subdivisions.
New York Electronic Monitoring Notice Exceptions
Employers don’t have to provide this notice if the monitoring:
- Is designed to manage the type or volume of email, voicemail, or internet use
- Is limited to aggregate data (meaning it doesn’t connect individual employees with their use data)
- Is performed solely for computer system maintenance or protection
For example, you don’t have to provide this notice for use of spam filters.
New York Electronic Monitoring Notice Action Items
If you electronically monitor employees’ phone, email, or internet, you must:
- Provide an electronic monitoring notice to new employees upon hire
- Keep a copy of each employee’s acknowledgment
- Post the notice in an easily accessible location
We recommend posting the notice in the workplace, online, or both to ensure that all employees can easily view it.
New York Electronic Monitoring Notice Penalties
According to the new law, penalties for violations can potentially range from $500 for a first offense up to $3,000 for three or more offenses. For companies that ignore this obligation, penalties may be significant as the fines are assessed per violation, per employee, so they can add up quickly.
New regulations require employers to make changes to their labor posters, employee handbooks, and other procedures and policies. How can you be sure you’re on top of your compliance requirements? By partnering with a trusted expert like GTM Payroll Services. Our labor poster service sends you a free replacement poster each time a required update is made. Our HR consultants can work with you to ensure your employee handbook is current and accessible for all employees. Fill out the brief form below to get more information.
