Effective May 7, 2022, New York employers will be required to provide prior notice concerning the monitoring of employee telephone, email, or internet usage. Specifically, employers must notify employees that “any and all telephone conversations or 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, radio or electromagnetic, photoelectronic or photo-optical systems may be subject to monitoring at any and all times and by any lawful means.”

Employers should distribute notices among employees and secure their acknowledgement as soon as possible to ensure compliance with the new law. Employers must also furnish new employees with notice upon hiring. In addition, employers must post a conspicuous notice regarding the electronic monitoring where those who are being monitored can see it. 

The New York Attorney General’s Office will begin enforcing the new law on May 7, 2022. Potential penalties for violations range between $500 for a first offense and up to $3000 for three or more offenses. Fines are per violation, i.e. per employee, so aggregate penalties can be significant.   It is recommended that employers keep accurate records of each employee’s notice and acknowledgement.