New York State’s recently enacted law requiring notice of electronic monitoring goes into effect on May 7, 2022. To comply with the law, private employers with a place of business in New York must (1) provide notice to new hires in New York who are subject to monitoring and obtain their acknowledgment of the notice; and (2) post the notice in a conspicuous place at the work site for viewing by current employees. The prior notice to new hires may be in written or electronic form. The acknowledgement may also be in writing or obtained electronically. Notably, the law applies only to employers that “monitor or otherwise intercept” employees’ (1) telephone calls; (2) e-mail; and/or (3) Internet access or usage.

As of this writing, the New York Attorney General, which is responsible for enforcement, has not issued any model notice or template poster. The statute does not provide for a private right of action. For more information regarding the law, see Turn on the Lights: New York Mandates Transparency in Electronic Monitoring.