Notice, Consent Required in New York for Electronic Monitoring

Employment Law

Pursuant to a new state law, beginning in May, employers in New York must provide prior written notice and obtain consent from new employees about the types of electronic monitoring being used.

Signed by Governor Kathy Hochul in November 2021, A430 covers any “individual, corporation, partnership, firm or association with a place of business in the state,” only excepting the state and its political subdivision as employers.

Employers that “monitor or otherwise intercept” telephone conversations or transmissions, email or internet access or use must provide prior, written notice upon hiring to all employees subject to such monitoring.

Monitoring designed to manage the type or volume of such information solely for the purpose of system maintenance or protection is not covered by the law.

The notice must be in writing (via email is permissible) and must be acknowledged by the employee either in writing or electronically. Employers are also required to post the notice “in a conspicuous place” that is readily available for viewing by employees subject to monitoring.

Enforcement will be handled by the attorney general, with civil penalties starting at $500 for the first offense and increasing to $3,000 for the third and subsequent offenses.

To read A430, click here.

Why it matters: While the law states notice must be given “upon hiring,” employers may want to consider providing notice to all workers when the law takes effect on May 7.



pursuant to New York DR 2-101(f)

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