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5/7/2022 NY Employers Must Give Notice of Electronic Monitoring


5/7/2022 NY Employers Must Give Notice of Electronic Monitoring

A New York State Assembly bill known as A430 goes into effect beginning on May 7, 2022, for employers with a place of business in New York that monitor or intercept employee phone calls, email, or internet use.

A430 requires that employers provide prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur.  In addition, a monitoring notice must be in electronic form and acknowledged by the employee in writing or electronically, as well as posting a conspicuous notice that employees can easily see.

The notice must inform the employee that any phone calls, emails, or internet use by them via 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 must also conspicuously post the notice of electronic monitoring in a place where employees who are subject to electronic monitoring can see it.

One Important Caveat; The notice requirements don't apply to processes used to manage the type or volume of incoming or outgoing emails, voicemails, or internet use if they aren't targeting a particular individual's use and are solely for computer system maintenance or protection.

Here is a link to the Law for reference: A430 (nysenate.gov)

It may be a good idea to schedule a call with your Payroll, Legal or Human Resources vendors to discuss any potential impact or reach out to us, and we can help guide you.