Update Applicable to:
All employers who monitor their employees electronically in the state of New York

What happened?
In our previous communication, we informed you that Senate Bill S2628 (SB S2628) was signed into law, which will require employers to provide notices concerning the electronic monitoring of employees. This is an update to that law.

What are the details?
Effective since May 7, 2022, employers are required to provide prior written notice to newly hired employees if they intend to monitor or otherwise intercept telephone conversations or transmissions, email, or internet access or usage of or 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.

The notice must be:

• Provided in writing;
• In an electronic record, or in another electronic form; and
• Acknowledged by each employee either in writing or electronically.

The law requires that employees acknowledge receipt of the notice, “either in writing or electronically.” Employers must post a notice of electronic monitoring in a conspicuous place that is readily available for viewing by its employees who are subject to electronic monitoring.

Vensure has written a notice for electronic monitoring, and it can be found on Vensure’s Client Center.

For more information, please see the links below:

NY Client Center

Vensure’s Previous Update (1/25/2022)

Article 1 – Article 2

What do employers need to do?
Employers should review the links provided above and post the required notice in a conspicuous location next to the labor law poster.

This notice has been uploaded to all instances of Prism for clients who utilize the electronic onboarding. Clients who do use electronic onboarding can click this link to obtain the notice for their paper packets.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.