May 2022: New York Electronic Monitoring Law Reminder

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.